Eastern Gas Pipeline (Special Provisions) Act 1996 No 126



An Act to facilitate construction of a portion of a gas pipeline on land in the Morton National Park, to provide a defence for offences committed in the construction and operation of the pipeline, to realign land included in the Morton National Park and the Ettrema Wilderness Area to reflect the actual boundary of a road; and for other purposes.
1   Name of Act
This Act is the Eastern Gas Pipeline (Special Provisions) Act 1996.
2   Commencement
This Act commences on a day or days to be appointed by proclamation.
3   Definitions
In this Act:
Deposited Plan 864096 means the plan of that name presented to the Speaker of the Legislative Assembly (by or on behalf of the Member of the Assembly who introduced the Bill for this Act) when the Bill was introduced into the Assembly, and also lodged in the Land Titles Office.
Eastern Gas pipeline means the pipeline proposed to be constructed or that has been constructed from Longford, Victoria, to Wilton, New South Wales, for the purpose of supplying natural gas.
reservation means a reservation of land (or deemed reservation of land) under the National Parks and Wildlife Act 1974.
4   Exclusion of area from Morton National Park
The reservation of land as Morton National Park is, to the extent that that reservation applies to the land described in Schedule 1, revoked.
5   Addition of areas to Morton National Park
(1)  The land described in Schedule 2 is reserved as part of the Morton National Park under the National Parks and Wildlife Act 1974.
(2)    (Repealed)
(3)  Section 35 of the National Parks and Wildlife Act 1974 does not apply in relation to a reservation of land under this Act.
(4)    (Repealed)
s 5: Am 2009 No 106, Sch 2.9.
6   Variation of Ettrema Wilderness Area
(1)  The declaration of land as the Ettrema Wilderness Area is, to the extent set out in Schedule 3, varied.
(2)  The declaration of land as the Ettrema Wilderness Area is, to the extent that that declaration applies to land outside the boundary of the Area as described in Schedule 3, revoked.
7   No compensation payable in respect of additional land
No compensation or other consideration of any kind is payable, directly or indirectly, by the Minister administering the National Parks and Wildlife Act 1974 or by any other person, to any person or body for land reserved as part of Morton National Park, or declared to be part of Ettrema Wilderness Area, by the operation of this Act.
8   Easement for pipeline
(1)  The Minister administering the National Parks and Wildlife Act 1974 may grant an easement under section 153 of the National Parks and Wildlife Act 1974 for the purposes of the construction or operation of the Eastern Gas pipeline on or under land included in the Morton National Park. Any such easement may be revoked or varied under that section.
(2)  Nothing in this section limits any power of the Minister to grant, revoke or vary an easement under section 153 of the National Parks and Wildlife Act 1974.
9   Defence
It is a defence to a prosecution for an offence against section 98, 118A, 118C or 118D of the National Parks and Wildlife Act 1974 if the accused proves that the act constituting the offence:
(a)  was essential for the carrying out of an activity relating to the construction or operation of the Eastern Gas pipeline, and
(b)  did not contravene a condition of a permit or licence granted under the Pipelines Act 1967 in respect of the Eastern Gas pipeline.
10   Review of Act
(1)  The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2)  The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
(3)  A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
Schedule 1 Areas excluded from Morton National Park
(Section 4)
1   
Land comprised in the road marked Main Road 92 on Deposited Plan 864096.
2   
Lots 1 and 3 in Deposited Plan 864096.
Schedule 2 Areas added to Morton National Park
(Section 5)
1   
Lot 2 in Deposited Plan 864096.
2   
All that land reserved for the purposes of Main Road 92 immediately before the commencement of this Schedule (being public road R1125-1603) and lying between portion 23 Parish of Coolumburra and portion 8 Parish of St George, between portion 6 Parish of Tianjara and Yarramunmun fire trail, and within the boundaries of that part of Morton National Park formerly comprising R53657 for public recreation, not being land described in Schedule 1 or included in Lot 2 in Deposited Plan 864096.
sch 2: Am 1997 No 55, Sch 1.5.
Schedule 3 Variation of Ettrema Wilderness Area
(Section 6)
The Ettrema Wilderness Area is varied by redefining the southern boundary of the wilderness area, where it was defined immediately before the commencement of this Schedule with respect to Main Road 92, as a line 80 metres north of and parallel to the northern boundary of the road marked Main Road 92 on Deposited Plan 864096 together with Lot 1 in Deposited Plan 864096, between Tolwong Road and Portion 8, Parish of St George and between Portion 1, Parish of Boolijah and the eastern boundary of Morton National Park.