ENERGY PIPELINES ACT 1981

NORTHERN TERRITORY OF AUSTRALIA ENERGY PIPELINES ACT 1981 As in force at 14 October 2015 Table of provisions Part I Preliminary 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Interpretation ................................................................................... 1 4 Application etc. ................................................................................ 6 Part II Permits 5 Application for permit ....................................................................... 7 6 Notice of application ........................................................................ 8 7 Variation of application .................................................................... 9 8 Grant of permit ................................................................................ 9 9 Terms and conditions of permit ..................................................... 10 10 Variation of permit ......................................................................... 11 11 Rights conferred by permit ............................................................ 12 Part III Licences 12 Construction, &c., of pipelines ....................................................... 13 13 Application for licence.................................................................... 14 14 Refusal of licence .......................................................................... 17 15 Grant of licence ............................................................................. 17 15A Licensing of exempt pipelines ....................................................... 18 16 Renewal of licence ........................................................................ 19 17 Conditions of licence ..................................................................... 21 18 Security.......................................................................................... 22 19 Term of licence .............................................................................. 22 20 Variation of conditions of licence etc. ............................................ 23 21 Variation of licence because of legislative requirements ............... 23 21A Variation of route or area on application........................................ 24 21B Application to vary route and licence ............................................. 24 21C Application to vary licence area ..................................................... 26 21D Determination of application .......................................................... 26 22 Easements over Crown lands ........................................................ 26 23 Exemptions, &c.............................................................................. 27 24 Surrender of licence ...................................................................... 27 25 Cancellation of licence for breach of condition .............................. 28 26 Variation of licence in public interest ............................................. 29 27 Cancellation of licences not affected by other provisions .............. 30 28 Removal of property, &c., by licensee ........................................... 31 -- 1 of 78 -- Energy Pipelines Act 1981 ii 29 Powers of Minister to enforce direction ......................................... 32 30 Licence fees .................................................................................. 34 31 Penalty for late payment ................................................................ 34 32 Fees and penalties debts due to Territory ..................................... 34 32A Licence not personal property ....................................................... 34 Part IV Construction, operation and maintenance of pipeline 34 Construction to comply with prescribed standards ........................ 34 35 Restoration of agricultural land after construction ......................... 35 36 Pipeline crossing water .................................................................. 35 37 Ceasing to operate pipeline ........................................................... 36 37A Abandonment of pipeline ............................................................... 36 38 Consent to commencement or resumption of operations or testing of pipeline .......................................................................... 37 38A Statutory restrictions for purposes of Land Title Act 2000 ............. 38 39 Duties of licensee in relation to pipeline ........................................ 38 40 Directions....................................................................................... 39 41 Compliance with directions ............................................................ 39 42 Directions as to conveyances of energy-producing hydro- carbons .......................................................................................... 40 43 Power of Minister to ensure continued use of pipeline .................. 41 Part V Registration of licences and related instruments 44 Register of licences ....................................................................... 44 45 Minister may require registration of information............................. 46 46 Approval and registration of transfer ............................................. 46 47 Entries in register on devolution of rights of registered holder....... 47 48 Dealing with interests to be in writing ............................................ 47 49 Approval and registration of instrument creating, &c., interests .... 48 50 True consideration to be shown .................................................... 49 51 Minister not concerned with certain matters .................................. 49 52 Power of Minister to require information as to proposed dealings ......................................................................................... 49 53 Production and inspection of books, records and documents ....... 50 54 Inspection of register and documents............................................ 50 55 Evidentiary provisions .................................................................... 50 56 Rectification of register .................................................................. 50 57 Minister not liable to certain actions .............................................. 51 58 Offences ........................................................................................ 51 -- 2 of 78 -- Energy Pipelines Act 1981 iii Part VA Environmental management Division 1 General environmental offences 58A Application ..................................................................................... 52 58B Interpretation ................................................................................. 52 58C General environmental offences.................................................... 54 58D Defences to general environmental offences ................................ 55 58E Alternative verdicts available ......................................................... 56 Division 2 Liabilities of employers, employees etc. 58F Actions etc. of employee or agent of body corporate are those of body corporate .......................................................................... 56 58G Criminal liability of executive officer of body corporate .................. 57 58H Liability for managers, employees and agents .............................. 58 Part VI Miscellaneous 59 Pipeline is not a fixture .................................................................. 59 59A Licensee not required to own pipeline ........................................... 59 60 Notices of grants, &c., of licences to be published ........................ 59 61 Address for service ........................................................................ 59 62 Delegations by Minister ................................................................. 59 63 Inspectors ...................................................................................... 60 63A No action against inspector or assistants ...................................... 60 64 Powers of inspectors ..................................................................... 60 64A Inspector may cause certain work to stop ..................................... 61 65 Theft from pipeline......................................................................... 62 66 Threat to pipeline ........................................................................... 62 67 Continuing offences ....................................................................... 63 67A Service........................................................................................... 64 67B Compensation ............................................................................... 64 68 Regulations.................................................................................... 66 Part VII Transitional matters for Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014 69 Definitions ...................................................................................... 67 70 Action or application to Supreme Court before commencement ............................................................................. 67 71 Application to Tribunal before commencement ............................. 67 -- 3 of 78 -- Energy Pipelines Act 1981 iv Part VIII Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015 72 Offences – before and after commencement ................................ 68 ENDNOTES -- 4 of 78 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 14 October 2015 ____________________ ENERGY PIPELINES ACT 1981 An Act to make provision for the construction, operation, maintenance and cessation of use or abandonment of pipelines for the conveyance of energy-producing hydro-carbons, and for related purposes Part I Preliminary 1 Short title This Act may be cited as the Energy Pipelines Act 1981. 2 Commencement This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette. 3 Interpretation (1) In this Act, unless the contrary intention appears: affected land or waters: (a) means land or waters comprised in, or proposed to be comprised in, a permit or licence; and (b) in relation to a licence, includes the corridor described in section 66. apparatus or works means: (a) structures for protecting or supporting a pipeline; or (b) storage tanks, loading terminals and works and buildings used or to be used for purposes connected with or incidental to the operation of a pipeline, and fixed equipment or machinery used or to be used for purposes connected with or incidental to the operation or use thereof. -- 5 of 78 -- Part I Preliminary Energy Pipelines Act 1981 2 Crown lands means all lands of the Territory, including: (a) the bed of the sea within the limits of the Territory; (b) an estate in fee simple held by the Territory; and (c) reserved or dedicated land, but does not include land the subject of an incomplete purchase. energy-producing hydro-carbon means a naturally occurring or refined hydro-carbon or mixture of hydro-carbons, whether in a liquid, solid or gaseous state, or such a hydro-carbon or mixture of hydro-carbons mixed with such other substances as may be present. incomplete purchase, in relation to land, means a conditional purchase or a purchase by auction or otherwise of the fee simple from the Crown under the Crown Lands Act 1992 in respect of which any of the purchase money remains unpaid. inspector means a person appointed as an inspector under section 63. land means: (a) land held for an estate in fee simple other than land referred to in paragraph (b) or (d); (b) Crown land; (c) land the subject of an incomplete purchase; (d) a perpetual lease under the Crown Lands Act 1992 or a perpetual pastoral lease under the Pastoral Land Act 1992; (e) land, not being Crown land, owned by or vested in a person on behalf of the Crown or a public authority; and (f) land or waters in respect of which there are native title rights and interests. licence means a licence granted under Part III or section 43. licence area, in relation to a licence, means the land specified in the licence as being the licence area. licensee means the registered holder of a licence. native title and native title rights and interests have the meaning given in section 223 of the Native Title Act. -- 6 of 78 -- Part I Preliminary Energy Pipelines Act 1981 3 Native Title Act means the Native Title Act 1993 of the Commonwealth. native title holder has the meaning given in section 224 of the Native Title Act. owner: (a) in relation to land, other than Crown land or land owned by or vested in a person on behalf of the Crown or a public authority representing the Crown, includes every person who jointly or severally, whether at law or in equity: (i) is entitled to the land for an estate in fee simple; (ii) is the purchaser under an incomplete purchase, the holder of a perpetual lease under the Crown Lands Act 1992 or a perpetual pastoral lease under the Pastoral Land Act 1992 or a person (not being the purchaser under an incomplete purchase) to whom a person on behalf of the Crown, or a public authority, has lawfully contracted to convey or transfer the fee simple; or (iii) is entitled to receive, or is in receipt of, or if the land were let to a tenant would be entitled to receive, the rents and profits thereof, whether as beneficial owner, trustee, mortgagee in possession, or otherwise; (b) in relation to Crown land and land (not being land specified in a contract referred to in paragraph (a)(ii)) owned by or vested in a person on behalf of the Crown, means the Crown or that person; and (c) in relation to land (not being land specified in a contract referred to in paragraph (a)(ii)) owned by or vested in a public authority, means that public authority. partly cancelled, in relation to a licence, means cancelled as to part of the pipeline or some of the apparatus or works the subject of the licence. permit means a permit granted under Part II. permittee means the registered holder of a permit. pipeline means a pipe or system of pipes that has or have a maximum allowable operating pressure greater than 1050 kilopascals or a hoop stress (being a circumferential stress arising from internal pressure) that is, at one or more positions, -- 7 of 78 -- Part I Preliminary Energy Pipelines Act 1981 4 greater than 20% of the specified minimum yield stress specified in the manufacturing standard with which the pipe complies and that are used or intended to be used for the conveyance of an energy- producing hydro-carbon, and includes: (a) all structures for protecting or supporting a pipeline; and (b) all loading terminals, works and buildings and all fittings, pumps, tanks, appurtenances and appliances, used in connection with a pipeline, but does not include: (c) a pipeline as defined in the Petroleum (Submerged Lands) Act 1981; (e) a pipeline constructed or to be constructed on land used for residential, business, agricultural, commercial or industrial purposes, designed for use solely for the residential, business, agricultural, commercial or industrial purposes carried on that land and situated wholly within the boundaries of that land; or (f) a pipeline or a pipeline of a class declared under section 4(2) to be a pipeline in respect of which a licence is not required. public authority means: (a) a minister acting in his official capacity under an Act; or (b) a statutory corporation; or (c) a local government council. register means the register kept under section 44. registered holder, in relation to a licence, means the person whose name is, for the time being, shown in the register as being the holder of the licence. registered native title body corporate has the meaning given in section 253 of the Native Title Act. registered native title claimant has the meaning given in section 253 of the Native Title Act or, if the claimant is replaced under section 66B of that Act, means the person who replaced the claimant. -- 8 of 78 -- Part I Preliminary Energy Pipelines Act 1981 5 registered native title rights and interests means: (a) in relation to a registered native title claimant – the native title rights and interests of the claimant described in the relevant entry on the Register of Native Title Claims established and maintained in accordance with Part 7 of the Native Title Act; and (b) in relation to a registered native title body corporate – the native title rights and interests of the body corporate described in the relevant entry on the National Native Title Register established and maintained under Part 8 of the Native Title Act. Registrar means the person for the time being appointed as Registrar for the purposes of the Petroleum Act 1984. relinquished area, in relation to a licence: (a) that has expired or been wholly cancelled – means the licence area; and (b) that has been partly cancelled – means that part of the licence area on which is situated the part of the pipeline in respect of which the licence was partly cancelled. representative Aboriginal/Torres Strait Islander body has the meaning given in section 253 of the Native Title Act. Tribunal means Civil and Administrative Tribunal. wholly cancelled, in relation to a licence, means cancelled as to the whole of the pipeline the subject of the licence. (2) In this Act, a reference to: (a) a pipeline on land, includes a reference to a pipeline in, under, through, across or above the surface of the land; (b) a pipeline, includes a reference to part of a pipeline; (c) a licence, includes a reference to a licence as varied under this Act; and (d) the term of a licence includes a reference to the period the licence is in force. -- 9 of 78 -- Part I Preliminary Energy Pipelines Act 1981 6 4 Application etc. (1) Nothing in this Act requires a person to hold a licence in respect of: (a) a pipeline constructed or to be constructed under an Act, other than this Act; (b) subject to section 15A(5), a pipeline constructed and in operation before 11 August 1982; (c) a pipeline constructed or to be constructed on land used for residential, business, agricultural, commercial or industrial purposes, designed for use solely for the residential, business, agricultural, commercial or industrial purposes carried on on that land and situated wholly within the boundaries of that land; (d) a pipeline of a class specified for the purpose of this paragraph by the Minister by notice in the Gazette, constructed or to be constructed for the conveyance of dangerous goods within the meaning of the Dangerous Goods Act 1998; or (e) a pipeline constructed or to be constructed: (i) for the conveyance of an energy-producing hydro- carbon from a well-head to a tank or a separator or for the collection of an energy-producing hydro-carbon within the area in which it is produced or recovered; (ii) for returning an energy-producing hydro-carbon to a natural reservoir; (iii) for conveying an energy-producing hydro-carbon for use for the purposes of exploration operations or operations for the recovery of an energy-producing hydro-carbon; or (iv) for conveying an energy-producing hydro-carbon that is to be flared or vented, but nothing in this section prevents a person from making an application under this Act in respect of such a pipeline or from being granted and holding a permit or licence in respect of the construction or operation of such a pipeline. (1A) Subject to subsection (1B), the Dangerous Goods Act 1998 does not apply to or in relation to a pipeline in respect of which a licence under this Act is in force or to a substance conveyed by such a pipeline while it is being so conveyed. -- 10 of 78 -- Part II Permits Energy Pipelines Act 1981 7 (1B) Nothing in subsection (1A) exempts a person from the need to comply with the Dangerous Goods Act 1998 in relation to the storage, conveyance or use of dangerous goods, within the meaning of that Act, in or in connection with the construction, maintenance or repair of a pipeline referred to in that subsection. (2) The Minister may, by notice in the Gazette, declared a pipeline, or a pipeline of a class, specified in the notice, to be a pipeline or pipelines in respect of which a licence is not required. (3) This Act applies to and in relation to Aboriginal land, within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth, to the extent that it is capable of so applying. Part II Permits 5 Application for permit (1) Where a person desires to construct a pipeline, he may apply to the Minister for a permit to enter land for the purpose of determining the route of the proposed pipeline, the situation of proposed apparatus or works and the land, if any, to be used for the purpose of gaining access to the proposed pipeline and proposed apparatus or works. (2) An application under subsection (1): (a) shall be made in a form and manner approved by the Minister; (b) shall identify the points of commencement and termination of the pipeline and specify, by reference to its title number, the land which the applicant wishes to enter upon; (c) shall be accompanied by the prescribed maps, showing the location on the land specified under paragraph (b) of: (i) the approximate proposed route of the pipeline; (ii) the approximate proposed situation of apparatus or works, if known; and (iii) land which the applicant desires to enter to determine the land which might be used for the purpose of gaining access to the pipeline and apparatus or works; (d) shall be accompanied by details of any agreement entered into, or proposed to be entered into, by the applicant relating to his entry onto the land specified under paragraph (b); -- 11 of 78 -- Part II Permits Energy Pipelines Act 1981 8 (e) may set out other matters, including details of his financial resources and technical competence, that the applicant wishes the Minister to consider; and (f) shall be accompanied by the fee prescribed by regulation. (3) An applicant for a permit shall, if required to do so by an instrument in writing served on him at any time by the Minister, furnish to the Minister within the time specified in the instrument, such further information in writing in connection with his application as is specified in the instrument. 6 Notice of application (1) An applicant for a permit shall, within 90 days after making the application or within such further period, not exceeding 90 days, as the Minister, on application in writing served on him before the expiration of the first-mentioned 90 days allows, cause to be served: (a) on each local government council within whose local government area any land referred to in the application is situated; and (b) on each owner and occupier of land specified in the application; and (ba) on the registered native title claimants and registered native title bodies corporate (if any) in relation to any affected land or waters; and (baa) on the representative Aboriginal/Torres Strait Islander bodies in relation to any of the affected land or waters unless the grant of the permit is not a future act; and (bb) on any person who holds a right of way or other easement over any of the land specified in the application; and (c) on each permittee or licensee who holds a current licence or permit in respect of any part of the land referred to in the application, a notice of application. (2) A notice under subsection (1) is to be in or to the effect of the prescribed form and is to: (a) set out the particulars relating to the application as are provided for in the prescribed form; and -- 12 of 78 -- Part II Permits Energy Pipelines Act 1981 9 (b) contain a statement to the effect that: (i) the local government council, person or body may, within 28 days after the date of service of the notice, lodge in writing with the Minister representations about the grant of the permit; and (ii) if there are no registered native title claimants or registered native title bodies corporate in relation to any of the affected land or waters, the representative Aboriginal/Torres Strait Islander body in relation to any of the affected land or waters may, within 28 days after being served with the notice, lodge in writing with the Minister comments on the grant of the permit. 7 Variation of application (1) An applicant for a permit may, before the permit is granted, apply to the Minister to: (a) include additional land in; (b) exclude land from; or (c) include additional land in, and to exclude other land from, the land in respect of which the original application was made. (2) Such of the provisions of sections 5(2) and (3) and 6 as are prescribed apply to and in relation to an application under subsection (1) as if the application were an application made under section 5(1). 8 Grant of permit (1) Where the Minister is satisfied: (a) that the applicant for a permit has complied with the requirements of section 5; and (b) that 28 days have elapsed since the date on which the last of the notices required to be served by section 6 was served, he may, after taking into consideration any representations and comments lodged in accordance with the statement referred to in section 6(2)(b), grant to the applicant a permit in respect of the land specified in the application under section 5(1) or, where an application is made under section 7, in respect of: -- 13 of 78 -- Part II Permits Energy Pipelines Act 1981 10 (c) such of the land specified in the application under section 5(1) as is not excluded land referred to in section 7(1); and (d) any additional land referred to in the application under section 7(1), as he thinks fit. (2) In considering an application for a permit, the Minister must have regard to: (a) whether the carrying on of survey works on the land specified in the application would interfere or be likely to interfere unnecessarily with: (i) improvements on the land; (ii) flora, fauna, fish, fisheries and scenic attractions on or in the vicinity of the land; or (iii) features of architectural, archaeological, historical or geological interest on or in the vicinity of the land; and (b) the effect that the grant of the permit would have or be likely to have on registered native title rights and interests or, if there are no registered native title rights or interests in relation to any of the affected land or waters, any comments lodged by representative Aboriginal/Torres Strait Islander bodies in accordance with the statement referred to in section 6(2)(b). 9 Terms and conditions of permit (1) A permit: (a) comes into force on the day specified in the permit; (b) subject to subsection (3), remains in force for a period of 12 months commencing on the day referred to in paragraph (a) and for any period for which the permit is extended under subsection (2); and (c) may be granted subject to such conditions as the Minister thinks fit and specifies in the permit, which may include a condition for the purpose of minimising the impact of the grant of the permit on native title rights and interests in relation to any affected land or waters. -- 14 of 78 -- Part II Permits Energy Pipelines Act 1981 11 (2) The Minister may, on application in writing made by the permittee and served on the Minister before the date of expiration of the permit, extend the permit for such period as he thinks fit and specifies in an instrument in writing served on the permittee. (3) The Minister may, for reasons that he thinks sufficient, by instrument in writing served on a permittee, cancel a permit as to the land in respect of which it is in force. (4) A permit shall not be cancelled under subsection (3) unless the Minister has: (a) by instrument in writing served on the permittee, given not less than 28 days notice of his intention to cancel the permit and the grounds for his so doing; (b) served a copy of the instrument on such other persons, if any, as he thinks fit; (c) in the instrument, specified a date on or before which the permittee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit any matter that he wishes the Minister to consider in connection with the cancellation of the permit; (d) caused to be published in such newspapers as he thinks fit, notice of his intention to cancel the permit and the ground for his so doing and has, in that notice, specified a date on or before which a person having an interest in land in the area may submit any matter that he wishes the Minister to consider in connection with the cancellation of the permit; and (e) taken into account: (i) any action taken by the permittee to remove the grounds for cancellation of his permit or to prevent the recurrence of similar grounds; and (ii) particulars of matters submitted under paragraph (c) or (d) on or before the date specified under the relevant paragraph. 10 Variation of permit (1) A permittee may apply to the Minister for a variation of the permit held by him so that it applies to additional land. -- 15 of 78 -- Part II Permits Energy Pipelines Act 1981 12 (2) Sections 5(2) and (3) and 6 apply to and in relation to an application under subsection (1), in respect of the additional land referred to in that subsection, in the same way as those sections apply to and in relation to an application made under section 5(1). (3) Where, in respect of an application under subsection (1), the Minister is satisfied as to the matters referred to in section 8(1) and has taken into consideration the matters referred to in section 8(2), he may, by instrument in writing, vary the permit in respect of which the application was made so that it applies to: (a) the additional land specified in that application; or (b) such, if any, of that additional land as the Minister thinks fit. (4) In varying a permit under this section, the Minister may, as he thinks fit and specifies in the instrument referred to in subsection (3), add to or vary the conditions subject to which the permit was granted. (5) Land specified in an instrument referred to in subsection (3) shall, for the purposes of this Act, be deemed to be land specified in the permit to which that instrument relates as land in respect of which the holder of the permit may exercise the rights conferred thereby. (6) Where, under subsection (4), conditions are added to the conditions subject to which a permit was granted or conditions subject to which a permit was granted are varied, the additional conditions or the conditions as so varied shall be conditions subject to which the permit was granted. 11 Rights conferred by permit (1) A permit, while it remains in force, authorizes the permittee, in accordance with the conditions subject to which it was granted, to enter with such vehicles, equipment and personnel as are necessary for the purpose, the land specified in the permit and to carry out on that land such surveys as the permittee considers necessary for the purpose of determining: (a) the proposed route of the pipeline, and the proposed situation of apparatus or works, referred to in the application for the permit; and (b) the land, if any, to be used for the purpose of gaining access to the pipeline and the apparatus or works. (2) A permittee may, subject to the conditions on which the permit was granted, take from the land specified in the permit samples for examination and testing. -- 16 of 78 -- Part III Licences Energy Pipelines Act 1981 13 Part III Licences 12 Construction, &c., of pipelines (1) A person shall not: (a) commence, or continue, the construction of a pipeline; or (b) alter or reconstruct a pipeline, except under and in pursuance of a licence. Maximum penalty: In the case of a natural person – 200 penalty units. In the case of a body corporate – 1000 penalty units. (2) A person shall not operate a pipeline: (a) except under and in pursuance of a licence; and (b) unless he has obtained the consent under section 38 of the Minister to the commencement or resumption, as the case may be, of the operations and commences or resumes the operations, and thereafter operates the pipeline, in accordance with the conditions, if any, to which the instrument of consent is for the time being subject. Maximum penalty: In the case of a natural person – 200 penalty units. In the case of a body corporate – 1000 penalty units. (3) It is not an offence against this section: (a) if, in an emergency in which there is a likelihood of loss or injury, or for the purpose of maintaining a pipeline in good order or repair, a person does an act to avoid the loss or injury or to maintain the pipeline in good order and repair and: (i) as soon as practicable thereafter notifies the Minister of the act done; and (ii) complies with any directions given to him by the Minister; or (b) if a person does an act in compliance with a direction under this Act. -- 17 of 78 -- Part III Licences Energy Pipelines Act 1981 14 13 Application for licence (1) An application for a licence may be made by a person who: (a) at the time of making the application holds, or within 6 months before making the application has held, a permit; or (b) is able to satisfy the Minister that, notwithstanding that he has never, or has not within the period of 6 months before making the application, held a permit, has obtained sufficient data relating to the route of the proposed pipeline to submit an application which complies with subsection (2). (2) An application for a licence: (a) shall be made in a form and manner approved by the Minister; (b) shall be accompanied by particulars of: (i) the design and construction of the proposed pipeline; (ii) the provisions for cathodic protection of the proposed pipeline; (iii) the size and capacity of the proposed pipeline; (iv) the substance intended to be conveyed through the proposed pipeline; (v) the proposals of the applicant for work and expenditure in respect of the construction of the proposed pipeline; (vi) the machinery and equipment that the applicant intends to use in the construction of the proposed pipeline; (vii) the technical qualifications of the applicant and of his employees; (viii) the technical advice available to the applicant; and (ix) the financial resources available to the applicant; (c) shall be accompanied by a plan, drawn in the prescribed manner: (i) showing: (A) the route of the proposed pipeline; (BA) the land that is proposed by the applicant to be the licence area; -- 18 of 78 -- Part III Licences Energy Pipelines Act 1981 15 (BB) the corridor of land, 25 m wide, extending for 12.5 m on either side of the route of the proposed pipeline specified under subparagraph (A); (B) the situation of proposed apparatus or works; and (C) the land, if any, proposed to be used for the purpose of gaining access to the proposed pipeline and proposed apparatus or works; and (ii) on which shall be identified the land, or easements over land, referred to in paragraph (e); (d) shall be accompanied by particulars of agreements entered into, or proposed to be entered into, by the applicant for the acquisition by him of, or of easements over, the land shown in the plan referred to in paragraph (c); (da) shall specify: (i) the name and address of each person whose operations on or interest in the land shown in the plan under paragraph (c) in accordance with paragraph (c)(i)(BB) may be affected by the operation of section 66 if the pipeline to which the application relates were to be constructed; and (ii) the agreement or arrangement, if any, made between the applicant and a person referred to in subparagraph (i) in relation to the person's operations and interests; (e) shall specify, in relation to each part of the proposed pipeline, the proposed route of which is on or across Aboriginal land, within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth, or on or across land held by the Commonwealth, particulars of the land, or the easements over land acquired or agreed to be acquired for the purpose of constructing and operating the proposed pipeline or gaining access to the proposed pipeline; (f) shall be accompanied by copies of the notices which the applicant has served under subsection (4); (g) may set out any other matters that the applicant wishes the Minister to consider; and (h) shall be accompanied by the fee prescribed by regulation. -- 19 of 78 -- Part III Licences Energy Pipelines Act 1981 16 (3) The Minister may, at any time, by instrument in writing served on an applicant, require him to furnish to the Minister, within the time specified in the instrument, further information in writing in connection with his application. (4) At the time of making an application for a licence, the applicant shall serve a notice in the prescribed form on: (a) each local government council within whose local government area any part of the proposed pipeline is intended to be situated; and (b) each owner and occupier of land specified in the application and each person whose operations on or interest in the land shown in the plan under subsection (2)(c)(i)(BB) may be affected by the operation of section 66 if the pipeline to which the application relates were to be constructed; and (ba) the registered native title claimants and registered native title bodies corporate (if any) in relation to any affected land or waters; and (baa) the representative Aboriginal/Torres Strait Islander bodies in relation to any of the affected land or waters unless the grant of the licence is not a future act, that an application has been made. (4A) A notice under subsection (4) is to contain: (a) a description of the affected land or waters of the land; and (b) a statement to the effect that a map showing the proposed route of the proposed pipeline may be examined at the place or places, and at the times, specified in the notice; and (c) a statement to the effect that: (i) the local government council, person or body may, within 28 days after the date of service of the notice, lodge in writing with the Minister representations about the grant of the licence; and (ii) if there are no registered native title claimants or registered native title bodies corporate in relation to any of the affected land or waters, the representative Aboriginal/Torres Strait Islander body in relation to any of the affected land or waters may, within 28 days after being served with the notice, lodge in writing with the Minister comments on the grant of the licence. -- 20 of 78 -- Part III Licences Energy Pipelines Act 1981 17 (5) The Minister shall, as soon as practicable after receiving an application for a licence, and at the expense of the applicant, publish: (a) in the Gazette; (b) in a daily newspaper circulating generally in the Territory; and (c) in such other newspapers as the Minister thinks fit, a notice that he has received the application and that a map showing the proposed route of the proposed pipeline may be examined at the place or places, and at the times, specified in the notice. (6) The Minister may direct an applicant for a licence to inform such other persons as the Minister thinks fit that the application has been made. 14 Refusal of licence (1) The Minister shall not refuse an application made under section 13 unless he has: (a) by instrument in writing served on the applicant, given not less than 90 days notice of his intention to refuse the application; (b) served a copy of the instrument on such other persons, if any, as he thinks fit; (c) in the instrument: (i) given the reason for his intention to refuse the application; and (ii) specified a date on or before which the applicant or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit matters that he wishes the Minister to consider; and (d) taken into account the matters submitted to him under paragraph (c)(ii) on or before the specified date. 15 Grant of licence (1) Where 28 days have elapsed since the date on which the last of the notices required by section 13(5) to be published was published, the Minister may, after taking into consideration any representations and comments lodged in accordance with the statement referred to in section 13(4a)(c) and the matters referred -- 21 of 78 -- Part III Licences Energy Pipelines Act 1981 18 to in subsection (2), grant to the applicant a licence in respect of the proposed pipeline and shall cause to be published in the Gazette a notice that the licence has been granted. (2) In considering an application for a licence the Minister shall have regard to: (a) the public interest; (b) the financial and technical ability of the applicant to construct, operate and maintain the proposed pipeline; (c) whether the construction of the proposed pipeline or any apparatus or works on the land specified in the application would contravene the development provisions, or an interim development control order, under the Planning Act 1999; (d) whether the construction of the proposed pipeline or apparatus or works would be likely to interfere unnecessarily with: (i) improvements on; (ii) flora, fauna, fish, fisheries and scenic attractions on or in the vicinity of; or (iii) any features of architectural, archaeological, historical or geological interest on or in the vicinity of, the land specified in the application; and (e) the effect that the grant of the licence would have or be likely to have on registered native title rights and interests or, if there are no registered native title rights or interests in relation to any of the affected land or waters, any comments lodged by representative Aboriginal/Torres Strait Islander bodies in accordance with the statement referred to in section 13(4A)(c). 15A Licensing of exempt pipelines (1) The Minister may, by notice in writing served on the owner or operator of a pipeline: (a) referred to in section 4(1)(b); or (b) specified in a notice under section 4(2), direct the owner or operator to apply for the grant of a licence under this section in respect of the pipeline. -- 22 of 78 -- Part III Licences Energy Pipelines Act 1981 19 (2) An application for the grant of a licence under this section shall be: (a) made in a form and manner approved by the Minister; and (b) accompanied by such particulars as the Minister may require. (3) The Minister shall, on receiving an application for the grant of a licence under this section: (a) grant the licence; or (b) require the applicant to provide such further particulars as the Minister may require and, on receiving such particulars, grant the licence. (4) Where the Minister grants a licence under subsection (3), the Minister shall cause to be published in the Gazette a notice that the licence has been granted. (5) Where under subsection (1) a notice is served on the owner or operator of a pipeline, section 4(1)(b) or the notice under section 4(2), as the case may be, shall cease to apply to and in relation to the pipeline at the expiration of 6 months, or such longer period as the Minister may approve, after the date of the service of the notice. (6) A pipeline referred to in subsection (5) shall not be operated after the expiration of the period referred to in that subsection unless: (a) a licence has been granted under this section in respect of that pipeline; and (b) the operation of the pipeline is in accordance with this Act. Maximum penalty: In the case of a natural person – 200 penalty units. In the case of a body corporate – 1000 penalty units. (7) Notwithstanding section 30, a licence fee is not payable under that section in respect of the first year of the term of a licence granted under this section. 16 Renewal of licence (1) A licensee (other than a licensee under a licence granted after the commencement of the Energy Pipelines Amendment Act 2003) may, from time to time, make an application for the renewal of his licence. -- 23 of 78 -- Part III Licences Energy Pipelines Act 1981 20 (2) An application under subsection (1): (a) shall, subject to subsection (3), be made not less than 6 months before the day the licence will otherwise cease to be in force; (b) shall be made in a form and manner approved by the Minister; (c) shall be accompanied by the fee prescribed by regulation; and (d) may, if the period for which the renewal is sought is less than 21 years, indicate that lesser period and give reasons for so doing. (3) The Minister may, for reasons he thinks fit, receive an application for the renewal of a licence less than 6 months before it will otherwise cease to be in force, but not in any case after the day on which the licence ceases to be in force. (3A) The Minister may, on receiving an application under this section, renew the licence to which the application relates. (3B) The Minister may renew a licence under subsection (3A) subject to the conditions to which the licence was subject immediately before the renewal, or those conditions varied, omitted or added to as the Minister thinks fit and specifies on the renewed licence. (3C) Before renewing a licence on additional or varied conditions, the Minister must consult with the licensee and have regard to representations made by the licensee in relation to the proposed additional or varied conditions. (4) The Minister shall not refuse an application for the renewal of a licence unless he has: (a) by instrument in writing served on the licensee, given not less than 90 days notice of his intention to refuse the application; (b) served a copy of the instrument on such other persons, if any, as he thinks fit; (c) in the instrument: (i) given the reason for his intention to refuse the application; and (ii) specified a date on or before which the licensee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit matters that he wishes the Minister to consider; and -- 24 of 78 -- Part III Licences Energy Pipelines Act 1981 21 (d) taken into account the matters submitted to him under paragraph (c)(ii) on or before the specified date. (6) Where: (a) an application for the renewal of a licence is made under this section; and (b) the licence otherwise ceases to be in force before the application is granted or refused, the licence shall be deemed to continue in force in all respects until the application is granted or refused. 17 Conditions of licence (1) A licence may be granted subject to such conditions as the Minister thinks fit and specifies in the licence. (2) Without limiting the generality of subsection (1), the conditions referred to in that subsection may include conditions that the licensee shall: (a) within such time as is specified in an instrument in writing served on him by the Minister and before commencing the construction of the pipeline specified in the licence, lodge with the Minister security in such amount, not exceeding $50,000 or such other amount as is prescribed, and in such manner and form, and from such persons, as approved by the Minister and specified in the notice; (b) complete the construction of, and commence to operate, the pipeline within the period specified in the licence; (c) take such measures as the Minister, by instrument in writing served on the licensee, requires to be taken within the time specified in the notice, with respect to the conservation and protection of the flora, fauna, fish, fisheries and scenic attractions, and features of architectural, archaeological, historical or geological interest and the reinstatement, levelling, regrassing, reforesting and contouring of any land which may be damaged or deleteriously affected by the licensee; and (d) take the measures specified in the licence for the purpose of minimising the impact of the grant of the licence on native title rights and interests. -- 25 of 78 -- Part III Licences Energy Pipelines Act 1981 22 18 Security (2) A security given in accordance with a form approved under section 17(2)(a) by the Minister, although it is not sealed, binds the person subscribing to it as if it were sealed. (3) Whenever a security referred to in section 17(2)(a) is put in suit, the production of the security entitles the Minister, without further proof, to judgment for the amount claimed, against the person appearing to have executed the security, unless that person proves: (a) compliance with conditions of the security; (b) that the security was not executed by him; or (c) release or satisfaction. (4) If it appears to the court, in a suit referred to in subsection (3), that non-compliance with a condition of a security given under this Act has occurred, the security shall not be discharged or invalidated, and the subscriber shall not be released or discharged from liability, by reason of: (a) an extension of time or other concession; (b) consent to, or acquiescence in, a previous non-compliance with a condition; or (c) failure to bring suit against the subscriber upon the occurrence of a previous non-compliance with the condition. (5) If there are several subscribers to a security referred to in section 17(2)(a), they are bound, unless the security otherwise provides, jointly and severally and for the full amount of the security. (6) A security referred to in section 17(2)(a) may be sued on for non-compliance with the conditions of the licence to which the security relates. 19 Term of licence (1) A licence: (a) not being a renewal of a licence, granted before the commencement of the Energy Pipelines Amendment Act 2003 comes into force on the day specified for the purpose in the licence; and -- 26 of 78 -- Part III Licences Energy Pipelines Act 1981 23 (b) being a renewal of a licence mentioned in paragraph (a) (whether renewed before or after that commencement), comes into force on the day after the day on which the last previous licence in respect of the same pipeline ceases to be in force, and, subject to this Act, remains in force for such period commencing on that day and not exceeding 21 years as is specified in the licence. (2) A licence, other than a renewal of a licence mentioned in subsection (1)(b), granted after the commencement of the Energy Pipelines Amendment Act 2003 comes into force on the day specified in it and remains in force indefinitely. 20 Variation of conditions of licence etc. (1) A licensee may apply to the Minister for the Minister to vary, suspend or waive a condition of the licensee's licence, other than a condition to which section 21A applies. (2) Subject to subsection (2A), an application under subsection (1) shall be accompanied by the fee prescribed by regulation. (2A) The Minister may waive the fee payable under subsection (2). (3) The Minister may, by notice in writing, require the applicant to: (a) give notice of the application to such persons, if any, as the Minister thinks fit; and (b) furnish to the Minister within the time specified in the notice, such further information in connection with the application as the Minister requires to enable the Minister to determine the application. (4) The Minister may, by notice served on the licensee, determine an application under this section by varying, suspending or waiving a condition of the licence to such extent and subject to such conditions, if any, as the Minister thinks fit, or may refuse to vary, suspend or waive a condition. 21 Variation of licence because of legislative requirements (1) Where a licensee is required to vary the route of a proposed pipeline as the result of an Act or instrument of a legislative or administrative character, including an Act or instrument of the Commonwealth, the licensee may apply to the Minister for a variation of the licence to enable the licensee to comply with the requirement. -- 27 of 78 -- Part III Licences Energy Pipelines Act 1981 24 (2) On receipt of an application under subsection (1) and after giving the notice and taking the steps that the Minister thinks fit, the Minister may vary the licence to the extent required to enable the licensee to comply with the requirement. (3) The Minister must not vary a licence under subsection (2) unless satisfied that the applicant has made suitable arrangements for the acquisition of land, or easements or other interests over land, sufficient to accommodate the variation of the route. 21A Variation of route or area on application (1) A licensee may apply to the Minister for the Minister to vary the route of the pipeline or the licence area specified in the licence. (2) An application under subsection (1) may be made before the construction of the pipeline has commenced, during its construction or after construction has been completed and, where the construction has been completed, whether or not the Minister's consent under section 38 to the commencement or resumption of operations or the testing of the pipeline has been given. 21B Application to vary route and licence (1) An application under section 21A before the completion of the pipeline or for a relocation of or alteration to an existing pipeline, shall be accompanied by: (a) details of the proposed variation; (b) the reasons for the proposed variation; and (c) the fee prescribed by regulation. (2) As soon as practicable after the making of an application referred to in subsection (1), the applicant shall serve notice on: (a) each local government council within whose local government area any land that would be affected by the granting of the variation is situated; and (b) each owner and occupier of land specified in the application; and (ba) the registered native title claimants and registered native title bodies corporate (if any) in relation to any affected land or waters; and -- 28 of 78 -- Part III Licences Energy Pipelines Act 1981 25 (baa) the representative Aboriginal/Torres Strait Islander bodies in relation to any of the affected land or waters unless the grant of the licence is not a future act; and (c) each person, if any, who holds a right of way or other easement over a relevant part of such land; and (d) each permittee or licensee, if any, who holds a permit or licence in respect of any part of such land, that the application has been made. (2A) A notice under subsection (2) is to contain: (a) details of the proposed variation; and (b) a statement to the effect that: (i) the local government council, person or body may, within 7 days after the date of service of the notice or the further time allowed in writing by the Minister, lodge in writing with the Minister representations about the grant of the licence; and (ii) if there are no registered native title claimants or registered native title bodies corporate in relation to any of the affected land or waters, the representative Aboriginal/Torres Strait Islander body in relation to any of the affected land or waters may, within 7 days after being served with the notice or the further time allowed in writing by the Minister, lodge in writing with the Minister comments on the grant of the licence. (3) In determining whether or not to vary a licence in accordance with an application under subsection (1), the Minister must have regard to any representations and comments lodged in accordance with the statement referred to in subsection (2A)(b). (5) The Minister shall not vary a licence as the result of an application referred to in subsection (1) unless satisfied that the variation is justified in the circumstances and reflects good pipeline construction and operating practice. -- 29 of 78 -- Part III Licences Energy Pipelines Act 1981 26 21C Application to vary licence area (1) An application under section 21A for the Minister to vary the licence area made after construction of the pipeline had been completed shall be accompanied by: (a) details of the proposed variation describing the area it is proposed should remain subject to the licence; and (b) the fee prescribed by regulation. (2) The Minister shall not vary a licence as a result of an application referred to in subsection (1) except to accurately reflect the route of the pipeline on completion of construction and to reduce the licence area but so that, except where the Minister is satisfied that the exigencies of the case so require, the licence area is not in any place narrower than 25 m having as its centreline an imaginary line connecting markers erected in accordance with section 39(a) or directions given under section 40. 21D Determination of application Subject to sections 21B and 21C, the Minister may, by notice served on the licensee, determine an application under section 21A by varying the route of the pipeline or the licence area to such extent and subject to such conditions, if any, as the Minister thinks fit, or may refuse to vary the licence. 22 Easements over Crown lands Subject to the Native Title Act but despite anything in this Act or another Act or anything in a licence or an instrument of a legislative or administrative character relating to unalienated Crown lands, the Administrator, on the recommendation of the Minister for the time being responsible for the Crown Lands Act 1992 may, upon such terms and conditions, and subject to the payment of such fee, as the Administrator thinks fit, grant to a licensee a lease, easement, licence or other authority necessary or expedient to enable the licensee: (a) to construct the pipeline specified in the licensee's licence over Crown lands; and (b) to operate, inspect, maintain and repair that pipeline. -- 30 of 78 -- Part III Licences Energy Pipelines Act 1981 27 23 Exemptions, &c. (1) Subject to subsection (2), where: (a) a licence is, under this Act, to be deemed to continue in force until the Minister grants, or refuses to grant, the renewal of the licence; (b) a licence is varied under section 20; (c) a licence is cancelled as to part of the pipeline in respect of which it is in force; (d) a licensee applies, by instrument in writing served on the Minister, for a variation or suspension of, or exemption from compliance with, a condition to which the licence is subject; or (e) the Minister, under this Act, gives a direction or consent to a licensee, the Minister may, on application by the licensee, by instrument in writing served on the licensee, vary or suspend, or exempt the licensee from complying with, a condition to which the licence is subject, upon such conditions, if any, as the Minister thinks fit and specifies in the instrument. (2) Nothing in subsection (1) empowers the Minister to alter the term of a licence. 24 Surrender of licence (1) A licensee may, at any time, by instrument in writing served on the Minister, apply for consent to surrender his licence as to the whole or a part of the pipeline in respect of which it is in force. (2) Subject to subsection (3), the Minister shall not give his consent to the surrender of a licence unless the licensee: (a) has paid all amounts payable by him under this Act or has made arrangements which are satisfactory to the Minister for the payment of those amounts; (b) has complied with the conditions to which the licence is subject and with the provisions of this Act and the Regulations; (c) has, where the Minister, by instrument in writing served on the licensee, required him to do so, caused to be published in such newspapers as are specified in the instrument, notice of the licensee's intention to apply for consent to surrender the -- 31 of 78 -- Part III Licences Energy Pipelines Act 1981 28 licence as to the whole or a part of the pipeline in respect of which it is in force and has, in that notice, specified a date, not being earlier than 28 days after publication of the notice, on or before which any person having an interest in land in the licence area may, by instrument in writing served on the Minister, submit any matter that he wishes the Minister to consider in connection with the application for the consent; and (d) has, to the extent that he is required to do so by, and to the satisfaction of, the Minister, removed or caused to be removed from the area to which the proposed surrender relates, property brought into that area by any person engaged or concerned in the operations authorized by the licence, or has made arrangements that are satisfactory to the Minister for the removal or disposal of that property. (3) Where a licensee has not complied with the conditions to which this licence is subject and with the provisions of this Act and the Regulations, the Minister may consent to an application under subsection (1) if he is satisfied that, although the licensee has not so complied, special circumstances exist that justify his consent to the application. (4) Where the Minister consents to an application under subsection (1), the applicant may, by instrument in writing served on the Minister, surrender the licence accordingly. 25 Cancellation of licence for breach of condition (1) Subject to subsection (2), where a licensee: (a) has not complied with a condition to which the licence is subject; (b) has not complied with a provision of this Act or the Regulations; or (c) has not paid an amount payable by him under this Act within 90 days after the day on which the amount became payable, the Minister may, on that ground, by instrument in writing served on the licensee, cancel the licence as to the whole or a part of the pipeline in respect of which it is in force. -- 32 of 78 -- Part III Licences Energy Pipelines Act 1981 29 (2) A licence shall not be cancelled under subsection (1) unless the Minister has: (a) by instrument in writing served on the licensee, given not less than 28 days notice of his intention to cancel the licence and the grounds for his so doing; (b) served a copy of the instrument on such other persons, if any, as he thinks fit; (c) in the instrument, specified a date on or before which the licensee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit any matter that he wishes the Minister to consider in connection with the cancellation of the licence; (d) caused to be published in such newspapers as he thinks fit, notice of his intention to cancel the licence and the ground for his so doing and has, in that notice, specified a date on or before which a person having an interest in land in the licence area may submit any matter that he wishes the Minister to consider in connection with the cancellation of the licence; and (e) taken into account: (i) any action taken by the licensee to remove the grounds for cancellation of his licence or to prevent the recurrence of similar grounds; and (ii) particulars of matters submitted under paragraph (c) or (d) on or before the date specified under the relevant paragraph. 26 Variation of licence in public interest (1) The Minister may: (a) at the request of: (i) a minister, Commonwealth Minister or State Minister; or (ii) a body established by a law of the Territory or of the Commonwealth; and (b) if, in his opinion, it is in the public interest so to do and the minister or body making the request has given security, to the satisfaction of the Minister, for the payment of any amount payable under subsection (5) to a licensee, -- 33 of 78 -- Part III Licences Energy Pipelines Act 1981 30 by instrument in writing served on the licensee, direct the licensee to make such changes in the route or position of the licensee's pipeline, and within such times, as are specified in the instrument. (1A) The Minister must not make a direction under subsection (1) unless satisfied that the applicant has made suitable arrangements for the acquisition of land, or easements or other interests over land, sufficient to accommodate the changes in the route or position of the pipeline. (2) A licensee to whom a direction under subsection (1) is given shall comply with the direction. Maximum penalty: In the case of a natural person – 200 penalty units. In the case of a body corporate – 1000 penalty units. (3) Where the Minister gives a direction under subsection (1) and the licensee to whom the direction is given complies with the direction, the licensee may bring an action in the Tribunal against the minister or body making the request for compensation of the expenses incurred by him in complying with the direction. (4) The Tribunal shall hear the action referred to in subsection (3) and shall determine whether it is just that the whole or a portion of the reasonable cost of complying with the direction ought to be paid to the plaintiff by the defendant. (5) If the Tribunal determines that compensation referred to in subsection (4) ought to be made, it shall determine the amount of the compensation and give judgment accordingly. 27 Cancellation of licences not affected by other provisions (1) A licence may be wholly or partly cancelled on the grounds that the licensee has not complied with a provision of this Act or the Regulations, notwithstanding that he has been convicted of an offence by reason of his failure so to comply. (2) A person who was the registered holder of a licence that has been wholly cancelled, or is the registered holder of a licence that has been partly cancelled, on the grounds that he has not complied with a provision of this Act or of the Regulations, may be found guilty of an offence by reason of his failure to comply with the provision, notwithstanding that the licence has been so cancelled. -- 34 of 78 -- Part III Licences Energy Pipelines Act 1981 31 (3) A licence may be wholly or partly cancelled on the grounds that the licensee has not paid an amount payable by him under this Act within 90 days after the day on which the amount became payable, notwithstanding that judgment for the amount has been obtained or that the amount, or any part of the amount, has been paid or recovered. (4) A person who was the registered holder of a licence that has been wholly cancelled, or is the registered holder of a licence that has been partly cancelled, on the grounds that he has not paid an amount payable by him under this Act within 90 days after the day on which the amount became payable, continues to be liable to pay that amount together with any additional amounts payable by reason of late payment of that amount, notwithstanding that the licence has been so cancelled. 28 Removal of property, &c., by licensee (1) Where a licence has been wholly or partly cancelled, or has expired, the Minister may, by instrument in writing served on the person who was, or is, as the case may be, the licensee, direct that person to: (a) remove or cause to be removed from the relinquished area the property specified in the instrument, being property that was brought into that area by a person engaged or concerned in the operations authorized by the licence, or to make arrangements that are satisfactory to the Minister for the removal or disposal of that property; and (b) make good, to the satisfaction of the Minister, any damage to the relinquished area caused by a person engaged or concerned in the operations authorized by the licence or caused by the removal of property under a direction referred to in paragraph (a), whether or not it was removed in a manner specified in the direction. (2) The Minister may, by instrument in writing served on a licensee, direct him to: (a) remove or cause to be removed from the licence area the property specified in the instrument, being property that was brought into that area by a person engaged or concerned in the operations authorized by the licence, or to make arrangements that are satisfactory to the Minister for the removal or disposal of that property; and (b) make good, to the satisfaction of the Minister, any damage to the licence area caused by a person engaged or concerned in -- 35 of 78 -- Part III Licences Energy Pipelines Act 1981 32 the operations authorized by the licence or caused by the removal of property under a direction referred to in paragraph (a), whether or not it was removed in a manner specified in the direction. (3) A direction under subsection (1)(a) or (2)(a) may specify the manner in which the property specified in the direction shall be removed. (4) A person to whom a direction under subsection (1) or (2) is given shall comply with the direction: (a) in the case of a direction given under subsection (1) – within the period specified in the instrument by which the direction was given; and (b) in the case of a direction given under subsection (2) – on or before the expiration of the licence. Maximum penalty: In the case of a natural person – 200 penalty units. In the case of a body corporate – 1000 penalty units. 29 Powers of Minister to enforce direction (1) Where a licence has been wholly or partly cancelled, or has expired, and: (a) a direction referred to in section 28(1)(a) or (2)(a) for the removal of property from the relinquished or licence area has not been complied with, the Minister may, by notice in the Gazette, direct that the owner or owners of the property shall remove it from that area within the period specified in the instrument and the Minister shall cause a copy of the instrument to be served on each person whom he believes to be an owner of that property or part of that property; (b) a direction referred to in section 28(1)(a) or (2)(a) for the removal of property from the relinquished or licence area has been complied with, but damage to the area caused by the removal of the property has not been made good to the satisfaction of the Minister, the Minister may make good the damage in such manner as he thinks fit; or (c) a direction referred to in section 28(1)(b) or (2)(b) has not been complied with, the Minister may do any of the things required by the direction to be done. -- 36 of 78 -- Part III Licences Energy Pipelines Act 1981 33 (2) Where property has not been removed from the relinquished or licence area in accordance with a direction under subsection (1)(a), the Minister may: (a) remove, in such manner as he thinks fit, that property from the area; (b) dispose of, in such a manner as he thinks fit, any of that property; and (c) if he has served a copy of the instrument by which the direction was given on a person whom he believed to be the owner of the property or part of the property, sell, by public auction or otherwise, as he thinks fit, any part of that property that belongs, or that he believes to belong, to that person. (3) The Minister may deduct from the proceeds of a sale under subsection (2) of property that belongs, or that he believes to belong, to a person, any part of: (a) the costs and expenses incurred by the Minister under that subsection in relation to that property; (b) the costs and expenses incurred by the Minister in relation to the doing of any thing required by a direction under section 28(1) or (2) to be done by that person; and (c) the fees or amounts due and payable under this Act by that person. (4) Costs and expenses incurred by the Minister under subsection (2), if incurred in relation to: (a) the removal, disposal or sale of property or the making good of damage caused by the removal of property; or (b) the doing of a thing required by a direction under section 28(1)(b) or (2)(b), are a debt due and payable by the person to whom the direction was given to the Territory and, to the extent to which they are not recovered under subsection (3), are recoverable in a court of competent jurisdiction. (5) Subject to subsection (4), no action lies in respect of the removal, disposal or sale under this section of property. -- 37 of 78 -- Part IV Construction, operation and maintenance of pipeline Energy Pipelines Act 1981 34 30 Licence fees (1) There is payable to the Minister by a licensee, at the times specified in subsection (2), a licence fee prescribed by regulation. (2) The fee referred to in subsection (1) is payable on the expiration of 28 days after: (a) in the case of the first year of the term of the licence – the day on which that term commences; and (b) in the case of each year of the term of a licence other than the first – the anniversary of the day on which that term commenced. 31 Penalty for late payment Where the liability of a licensee to pay a fee referred to in section 30 is not discharged at or before the time when the fee is payable, there is payable to the Minister by the licensee an additional amount calculated at the rate of 0.33% per day upon the amount of the whole fee from the time when the fee became payable until it is paid. 32 Fees and penalties debts due to Territory A fee under section 30, or an amount payable under section 31, is a debt due and payable by the licensee to the Territory. 32A Licence not personal property For section 8(1)(k) of the Personal Property Securities Act 2009 (Cth), a licence is not personal property for that Act. Note for section 32A A law of the Commonwealth, a State or a Territory may declare a right, licence or authority granted by or under that law not to be personal property for the Personal Property Securities Act 2009 (Cth). Part IV Construction, operation and maintenance of pipeline 34 Construction to comply with prescribed standards (1) Subject to subsections (2) and (3) but notwithstanding any other requirement of this Part, a pipeline shall be constructed in accordance with the prescribed standards, specifications and conditions and such other standards, specifications and conditions as are specified in the licence in respect of the pipeline. -- 38 of 78 -- Part IV Construction, operation and maintenance of pipeline Energy Pipelines Act 1981 35 (2) Where there is a conflict between a prescribed standard or specification and a standard or specification specified in the licence in respect of a pipeline, the latter shall prevail. (3) Where there is a conflict between a prescribed standard or specification, or a standard or specification specified in the licence in respect of the pipeline, and a direction given under section 40(1) to the licensee, the direction shall prevail. 35 Restoration of agricultural land after construction (1) Where a pipeline enters or crosses agricultural land, the licensee shall, at his expense, immediately after the completion of the construction of the part of the pipeline that enters or crosses that land, restore the land to enable it to be used as far as practicable for the purposes for which it was used immediately before that construction. (2) Where a licensee fails to restore land, as required by subsection (1), a person entitled to an interest in the land may restore the land and recover from the licensee, in a court of competent jurisdiction, the expenses reasonably incurred by him in carrying out that restoration. (3) The recovery of expenses under subsection (2) does not affect any right to compensation in respect of the land that the person who restores land in accordance with that subsection, or any other person, may have under this Act. (4) The Minister may, at any time, on the request of a person entitled to an interest in land, include among the conditions of the licence affecting that land such conditions as he thinks fit to ensure that the land is maintained in a suitable condition and that noxious weeds and vermin are controlled. 36 Pipeline crossing water Where the route of a pipeline is such that the pipeline passes over or under water, the pipeline shall be constructed over or under that water in such a manner that the construction and the pipeline as constructed will not unreasonably affect or impede anything or anyone lawfully using that water. Maximum penalty: 50 penalty units. -- 39 of 78 -- Part IV Construction, operation and maintenance of pipeline Energy Pipelines Act 1981 36 37 Ceasing to operate pipeline (1) Subject to subsection (2), except with the consent in writing of the Minister and subject to compliance with such conditions, if any, as are specified in the instrument of consent, a licensee shall operate continuously the pipeline specified in his licence. Maximum penalty: In the case of a natural person – 200 penalty units. In the case of a body corporate – 1000 penalty units. (2) It is not an offence against subsection (1) if the failure of the licensee to operate the pipeline continuously: (a) was in the ordinary course of operating the pipeline; (b) was for the purpose of repairing or maintaining the pipeline; or (c) was in an emergency in which there was a likelihood of loss or injury. 37A Abandonment of pipeline (1) The owner of a pipeline who intends to abandon the pipeline must, not later than 3 months after there ceases to be a licence in force in relation to the pipeline, apply to the Minister in writing for approval to abandon the pipeline. Maximum penalty: In the case of a natural person – 20 penalty units. In the case of a body corporate – 100 penalty units. (2) The Minister may, after receiving an application under subsection (1), by notice to the owner, approve, or refuse to approve, the abandonment of the pipeline specified in the notice on the conditions, if any, specified in the notice. (3) An owner of a pipeline may only abandon the pipeline in accordance with: (a) the prescribed standards; and -- 40 of 78 -- Part IV Construction, operation and maintenance of pipeline Energy Pipelines Act 1981 37 (b) the conditions, if any, specified in the notice under subsection (2). Maximum penalty: In the case of a natural person – 10 penalty units and 2 penalty units for each day during which the offence continues. In the case of a body corporate – 50 penalty units and 10 penalty units for each day during which the offence continues. 38 Consent to commencement or resumption of operations or testing of pipeline (1) The Minister may, on application in writing served on the Minister by a licensee whose pipeline has not previously been in operation, if of the opinion that the pipeline is constructed to the required standards and may with safety be tested, by instrument in writing served on the licensee, consent to the testing of the pipeline. (1A) The Minister may, on application in writing, served on the Minister by a licensee who has ceased, otherwise than for a reason referred to in section 37(2) to operate a pipeline specified in the licence or whose pipeline has not previously been in operation but has been tested in pursuance of subsection (1), if of the opinion that the pipeline has been maintained or repaired or tested, as the case may be, to the required standard and may safely be operated, by instrument in writing served on the licensee, consent to the commencement or resumption of operations, as the case may be. (2) A consent under subsection (1) or (1A) may be subject to such conditions, if any, as the Minister thinks fit and specifies in the instrument of consent. (2A) Without limiting the generality of subsection (2), the Minister may require the licensee to take out and maintain a policy of insurance of a kind approved by the Minister against claims resulting from any injury to a person or to land (including the licence area) or personal property as the result of anything done in pursuance or purported pursuance of the licence or a condition of the licence or a direction or other authority under this Act, and to insure and indemnify the Minister and the Territory against any such claims. (3) A person must not: (a) test a pipeline; (b) allow the introduction of an energy-producing hydro-carbon into a pipeline referred to in subsection (1A); or -- 41 of 78 -- Part IV Construction, operation and maintenance of pipeline Energy Pipelines Act 1981 38 (c) operate a pipeline referred to in subsection (1A), except in accordance with a consent granted under this section. Maximum penalty: In the case of a natural person – 200 penalty units. In the case of a body corporate – 1000 penalty units. (4) In this section operate means deliver energy-producing hydro- carbons at the point of outlet for commercial use or further delivery or processing. 38A Statutory restrictions for purposes of Land Title Act 2000 (1) The Minister cannot consent under section 38(1A) to the commencement of operations in relation to a pipeline unless the licensee has provided to the Minister: (a) detailed drawings of the pipeline as constructed, indicating where the pipeline is located and the 25 m wide corridor referred to in section 66 in relation to the pipeline, that are suitable for incorporation into a memorandum to be given by the Minister under subsection (2); and (b) evidence that the licensee has given notice to each person whose operations on or interest in the land shown in the detailed drawings may be affected by the operation of section 66 of the nature of the restrictions that are placed on the use or occupation or any dealing with the land. (2) The Minister must, within 60 days after receiving information supplied under subsection (1), lodge with the Registrar-General a memorandum under section 35 of the Land Title Act 2000 in relation to the land referred to in subsection (1)(a). 39 Duties of licensee in relation to pipeline A licensee shall: (a) mark and keep marked, in the prescribed manner, the route of the pipeline specified in his licence; (b) maintain the pipeline in good condition and repair; (c) not permit or suffer the waste or escape of any substance from the pipeline; and -- 42 of 78 -- Part IV Construction, operation and maintenance of pipeline Energy Pipelines Act 1981 39 (d) remove from the licence area all structures, equipment and other property that are neither being used nor proposed to be used in connection with the operation of the pipeline. Maximum penalty: In the case of a natural person – 200 penalty units. In the case of a body corporate – 1000 penalty units. 40 Directions (1) The Minister may, by instrument in writing served on a licensee, give to the licensee directions as to any matter in respect of which regulations may be made under this Act. (2) A direction under subsection (1) has effect and shall be complied with notwithstanding anything in the Regulations and, to the extent to which the Regulations are inconsistent with the direction, the licensee to whom the direction is given is not obliged to comply with the Regulations. (3) A licensee to whom a direction under subsection (1) is given shall comply with and not contravene the direction. Maximum penalty: In the case of a natural person – 200 penalty units. In the case of a body corporate – 1000 penalty units. 41 Compliance with directions (1) Where a person does not comply with a direction given to him under this Act, the Minister may do all or any of the things required by the direction to be done. (2) Costs and expenses incurred by the Minister under subsection (1) in relation to a direction are a debt due and payable to the Territory by the person to whom the direction was given. (3) It is a defence to a prosecution for an offence of failing to comply with a direction given to him under this Act or for the recovery of a debt under subsection (2) if the person charged or against whom the recovery action is taken, as the case may be, proves that he took all reasonable steps to comply with the direction. -- 43 of 78 -- Part IV Construction, operation and maintenance of pipeline Energy Pipelines Act 1981 40 42 Directions as to conveyances of energy-producing hydro- carbons (1) Where: (a) a person, by instrument in writing served on a licensee, requests the licensee to enter into an agreement for the conveyance of energy-producing hydro-carbons through the pipeline specified in the licensee's licence; and (b) that person and the licensee do not, within 3 months after the instrument is served on the licensee, enter into such an agreement, that person may apply to the Minister for a direction under this section. (1A) Subsection (1) does not apply in relation to a pipeline, or a part of a pipeline, that is a covered pipeline within the meaning of the National Gas (NT) Law as defined in the National Gas (Northern Territory) Act 2008. (2) An application under this section: (a) shall be made in a form and manner approved by the Minister; and (b) shall set out the matters that the applicant wishes the Minister to consider in relation to the application. (3) The Minister: (a) shall serve notice of an application under subsection (2) on the licensee concerned; (b) may serve notice of the application on such other persons as he thinks fit; and (c) shall specify in a notice served under this subsection a date on or before which the licensee or other person, if any, on whom the notice is served may submit to the Minister in writing matters that he wishes the Minister to consider in connection with the application. -- 44 of 78 -- Part IV Construction, operation and maintenance of pipeline Energy Pipelines Act 1981 41 (4) After considering matters submitted to him under subsection (3) on or before the specified date and such other matters as he thinks fit, the Minister, by instrument in writing served on the licensee and the applicant: (a) may give to the licensee and to the applicant, and may give to any other person lawfully entitled to use the pipeline, such directions as he thinks fit for or in relation to the use of the pipeline by the licensee, the applicant and such other person; or (b) may refuse the application. (5) Without limiting the generality of subsection (4), directions under subsection (4)(a) may include a direction as to the amount to be paid to the licensee by the applicant and any other person lawfully entitled to use the pipeline. (6) A person to whom a direction under subsection (4) is given shall comply with and not contravene the direction. Maximum penalty for an offence against subsection (6): In the case of a natural person – 40 penalty units and 2 penalty units for each day during which the offence continues. In the case of a body corporate – 200 penalty units and 10 penalty units for each day during which the offence continues. 43 Power of Minister to ensure continued use of pipeline (1) Where a licence has, after completion of the construction of the pipeline to which it relates: (a) expired and not been renewed; (b) been surrendered; or (c) been cancelled, a person who wishes to operate the pipeline in the place of the former licensee may apply to the Minister for a licence so to do. (2) An application for a licence under this section shall: (a) be made in a form and manner approved by the Minister; and -- 45 of 78 -- Part IV Construction, operation and maintenance of pipeline Energy Pipelines Act 1981 42 (b) be accompanied by particulars of: (i) the pipeline which the applicant proposes to operate; (ii) the financial resources of the applicant; (iii) if the applicant is a corporation, each of the persons holding more than 5% of the issued shares in the corporation and of a corporation deemed by section 50 of the Corporations Act 2001 to be a related corporation; and (iv) any agreement made or proposed to be made with the former licensee for the acquisition or use of the pipeline. (3) Where an applicant under subsection (1) has entered into negotiations with the former licensee for the acquisition or use of the pipeline the subject of the application but has been unable to reach agreement on the terms upon which he shall acquire or use the pipeline, he shall inform the Minister of that fact when making the application and may, if there are to his knowledge no other persons engaged in negotiations with the former licensee for the operation of the pipeline, request the Minister to issue directions under this section and submit to the Minister in writing any matters which he wishes the Minister to consider in connection with the request. (4) On receipt of a request under subsection (3), the Minister: (a) shall serve notice of the request on the former licensee; (b) may serve notice of the request on such other persons as he thinks fit; and (c) shall specify in the notice served under this subsection a date on or before which the former licensee or other person, if any, on whom a notice is served may submit to the Minister, in writing, matters which he wishes the Minister to consider in connection with the request. (5) Subject to subsections (5A) and (6), the Minister may, where an application under subsection (2) does not include a request under subsection (3), either: (a) grant a licence; or (b) refuse to grant a licence. -- 46 of 78 -- Part IV Construction, operation and maintenance of pipeline Energy Pipelines Act 1981 43 (5A) The Minister must not grant a licence under subsection (5) unless satisfied that the applicant has made suitable arrangements for the acquisition of land, or easements or other interests over land, sufficient to accommodate the pipeline. (6) A licence granted under this section may be subject to such conditions applicable to a licence granted under Part III as the Minister thinks fit and specifies in the licence. (7) Where an application under subsection (2) includes a request under subsection (3), the Minister, if satisfied that there are no other persons engaged in negotiations with the former licensee for the operation of the pipeline and, after considering matters submitted to him under subsection (4)(c) on or before the specified date and such other matters as he thinks fit, may, by instrument in writing served on the applicant and the former licensee: (a) give notice to the applicant and the former licensee requiring them to continue their negotiations for such further period, not exceeding 3 months, as he specifies in the instrument; or (b) give to the applicant and to the former licensee such directions as he thinks fit for and in relation to the operation of the pipeline by the applicant, and at the same time, or at the expiration of the period specified in paragraph (a), he may: (c) refuse to grant a licence; or (d) grant a licence. (8) Where, at the expiration of 3 months after the expiry, surrender or cancellation of a licence, 2 or more persons have entered into negotiations with the former licensee for the acquisition or use of the pipeline but no agreement has been reached as to the terms upon which the pipeline may be used or acquired by any of them, the Minister may, by instrument in writing served on the former licensee, require the former licensee to submit to him such particulars of the negotiations as he specifies in the instrument and the Minister may, on receipt of the required particulars and after obtaining the comments of the other parties to those negotiations, issue to the former licensee and to all or any of the other parties to the negotiations, such directions in respect of the terms on which the pipeline may be acquired or used as the Minister thinks fit. (9) Without limiting the generality of subsection (7) or (8), directions under subsection (7)(b) may include a direction as to the amount to be paid to the former licensee for the use of the pipeline. -- 47 of 78 -- Part V Registration of licences and related instruments Energy Pipelines Act 1981 44 (10) A person to whom a direction under subsection (7) or (8) is given shall comply with and not contravene the direction. Maximum penalty: In the case of a natural person – 40 penalty units and 2 penalty units for each day during which the offence continues. In the case of a body corporate – 200 penalty units and 10 penalty units for each day during which the offence continues. (11) If, in the circumstances referred to in subsection (1): (a) there is no applicant for a licence to operate the pipeline; (b) the Minister refuses to issue a licence to an applicant to operate the pipeline, and there are no other applicants; or (c) an applicant, having made a request to the Minister under subsection (3) for directions, is unable to comply with the directions of the Minister, and there are no other applicants, the Minister may make such arrangements as he thinks fit for the operation of the pipeline by or on behalf of the Territory. Part V Registration of licences and related instruments 44 Register of licences (1) For the purposes of this Part, but subject to subsection (7), the Registrar shall keep a register of permits and licences. (1A) The register may be kept: (a) in the form or combination of forms; (b) on the medium or combination of mediums, including but not limited to a computer, micro film or paper; and (c) in the manner, that the Minister thinks fit. -- 48 of 78 -- Part V Registration of licences and related instruments Energy Pipelines Act 1981 45 (2) Subject to subsection (4), the Registrar shall enter or cause to be entered in the register a memorial in respect of each permit or licence: (a) specifying the name of the holder of the permit or licence; (b) in the case of a permit, setting out particulars of the land in respect of which the permit is granted; (c) setting out an accurate description (including a map) of the licence area, the route of the pipeline authorized by the licence and the situation of all fittings, pumps, tanks, appurtenances and appliances used or to be used in connection with each pipeline; (d) specifying the term of the permit or licence; and (e) setting out such other matters as are required by this Part to be entered in the register. (3) Subject to subsection (4), the Registrar shall cause to be entered in the register a memorial of: (a) all instruments varying, cancelling, surrendering or otherwise affecting a permit or licence; (b) all instruments varying or revoking an instrument referred to in paragraph (a); and (c) the expiration of a permit or licence. (4) It is a sufficient compliance with the requirements of subsection (2) or (3) if the Registrar causes a copy of the permit, licence or instrument to be entered in the register. (5) Subject to section 46(1), the registration of a permit, licence or instrument is effective as soon as a memorial complying with subsection (2) or (3), as the case may be, or a copy of the permit, licence or instrument, has been entered in the register. (6) The Registrar shall endorse on each memorial or copy of a registered permit, licence or instrument a memorandum of the date upon which the memorial or copy referred to in subsection (5) was entered in the register. (7) This section does not apply to or in relation to the transfer of a permit or licence. -- 49 of 78 -- Part V Registration of licences and related instruments Energy Pipelines Act 1981 46 45 Minister may require registration of information Where the Minister is of the opinion that it is in the public interest so to do, he may direct the Registrar to enter in the register such information as the Minister thinks fit in relation to a permittee or licensee as to the terms and conditions of the permit or licence, and the Registrar shall register that information accordingly. 46 Approval and registration of transfer (1) A transfer of a licence is of no effect until it has been approved by the Minister and is registered under this section. (2) A registered holder who desires to transfer a licence to another person, or to himself and another person jointly, may make an application for the Minister's approval of the transfer of the licence. (3) An application under this section shall be served on the Registrar and shall be accompanied by an instrument of transfer of the licence in the prescribed form duly executed by the transferor and transferee, together with a copy of that instrument. (4) On receipt of an application under this section, the Registrar shall cause to be entered in the register a memorandum of the date on which the application was served on him and shall make such other notations in the register as the Minister directs. (5) As soon as practicable after the Registrar receives an application under this section he shall forward it to the Minister for the Minister's approval. (6) The Minister shall not approve the transfer of a licence unless it is an absolute transfer of the whole of the transferor's interest in the licence. (7) Subject to subsection (6), the Minister may: (a) approve an application under this section; (b) by instrument in writing served on the transferor, inform the transferor that he is prepared to approve the application if the transferee, within such time as is specified in the instrument, lodges with the Minister security in such amount, and in such form, as is specified in the instrument or takes out and maintains a policy of insurance of a kind approved by the Minister for the purposes referred to in section 38(2A), or both; or (c) refuse the application. -- 50 of 78 -- Part V Registration of licences and related instruments Energy Pipelines Act 1981 47 (8) Where: (a) the Minister has, under subsection (7)(b), informed the transferor that the transferee will be required to lodge a security; and (b) the transferee has lodged that security with the Minister within the specified time, the Minister shall approve the application. (9) If the Minister approves an application under this section, the Registrar shall forthwith endorse on the instrument of transfer and on the copy a memorandum of approval and, on payment of the fee prescribed by regulation, shall enter in the register a memorandum of the transfer and the name of the transferee. (10) Upon the entry in the register of a memorandum of approval referred to in subsection (9), the transferee becomes the registered holder of the licence to which the instrument of transfer relates. (11) The copy of an instrument of transfer endorsed with the memorandum of approval referred to in subsection (9) shall be retained by the Registrar and is subject to inspection in accordance with this Part. (12) An instrument of transfer endorsed as required by subsection (10) shall be returned to the person who lodged the application under subsection (2). 47 Entries in register on devolution of rights of registered holder (1) A person upon whom the rights of a registered holder of a permit or licence have devolved by operation of law may apply in writing to the Minister to have his name entered in the register as the holder of the permit or licence. (2) Where the Minister is satisfied that the interests of the holder of a permit or licence have devolved by operation of law upon a person who has made an application under subsection (1), the Registrar may, on payment of the fee prescribed by regulation, cause the name of the applicant to be entered in the register as the holder of the permit or licence. 48 Dealing with interests to be in writing A legal or equitable interest in or affecting an existing or future licence is not capable of being created, assigned, affected or dealt with, whether directly or indirectly, except by an instrument in writing. -- 51 of 78 -- Part V Registration of licences and related instruments Energy Pipelines Act 1981 48 49 Approval and registration of instrument creating, &c., interests (1) This section applies to an instrument by which a legal or equitable interest affecting a licence is or may be created, assigned, affected or dealt with, whether directly or indirectly, not being an instrument of transfer to which section 46 applies. (2) An instrument to which this section applies is of no force or effect until: (a) the instrument has been approved by the Minister; and (b) an entry of the approval of the instrument has been made in the register in accordance with subsection (8). (3) A party to an instrument to which this section applies, or a person having an interest in or in relation to a licence by reason of such an instrument, may make an application for the Minister's approval of the instrument. (4) An application under this section shall be served on the Registrar and shall be accompanied by the instrument and a copy of the instrument. (5) On receipt of an application under this section, the Registrar shall cause to be entered in the register a memorandum of the date on which the application was served on him and shall make such other notations in the register as the Minister directs. (6) As soon as practicable after the Registrar receives an application under this section he shall forward it to the Minister for the Minister's approval. (7) The Minister may approve or refuse an application under this section. (8) If the Minister approves an application under this section, the Registrar shall forthwith cause to be endorsed on the original instrument and on the copy a memorandum of approval and, on payment of the fee prescribed by regulation, cause an entry of the approval of the instrument to be made in the register on the memorial relating to, or a copy of, the licence to which the instrument relates. (9) The copy of the instrument to which this section applies, endorsed with the memorandum of approval referred to in subsection (8), shall be retained by the Registrar and is subject to inspection in accordance with this Part. -- 52 of 78 -- Part V Registration of licences and related instruments Energy Pipelines Act 1981 49 (10) The original of an instrument to which this section applies, endorsed as required by subsection (8), shall be returned to the person who lodged the application under this section. (11) If the Minister refuses an application under this section, the Registrar shall cause a notation of the refusal to be made in the register. 50 True consideration to be shown A party to a transfer referred to in section 46 or to an instrument to which section 49 applies, shall not execute the transfer or instrument unless the transfer or instrument fully and truly sets out the true consideration for the transfer or instrument and all other facts and circumstances, if any, affecting the amount of stamp duty payable under the Stamp Duty Act 1978 in respect of the transfer or instrument. Maximum penalty: 100 penalty units. 51 Minister not concerned with certain matters Neither the Minister nor the Registrar, nor a person acting under the direction or authority of either the Minister or the Registrar, is concerned with the effect in law of an instrument lodged under this Part with the Registrar nor does the approval of an instrument give to it any force, effect or validity that it would not have had if this Part had not been in force. 52 Power of Minister to require information as to proposed dealings (1) The Minister may require a person lodging an instrument requiring approval under this Part to furnish to him in writing such information concerning the instrument, or the transaction to which the instrument relates, as the Minister thinks fit. (2) A person who is required under subsection (1) to furnish information shall not furnish information that is false or misleading in a material particular. Maximum penalty: In the case of a natural person – 200 penalty units. In the case of a body corporate – 1000 penalty units. -- 53 of 78 -- Part V Registration of licences and related instruments Energy Pipelines Act 1981 50 53 Production and inspection of books, records and documents (1) The Minister may require a person to produce to him or make available for inspection by him or a person authorized by him any books, records, documents, maps or plans in the possession or under the control of the first-mentioned person and relating to an instrument requiring approval under this Part or to the transaction to which such an instrument relates. (2) A person shall not fail or refuse to comply with a requirement made of him under subsection (1). Maximum penalty: In the case of a natural person – 10 penalty units. In the case of a body corporate – 100 penalty units. 54 Inspection of register and documents (1) Subject to subsection (2), the register and all instruments registered under this Part shall, at all convenient times, be open for inspection by any person upon payment of the fee prescribed by regulation. 55 Evidentiary provisions (1) The register shall be received by all courts and tribunals as evidence of all matters required or authorized by this Part to be entered in the register. (2) The Minister may, on payment of the fee prescribed by regulation, supply copies of, or extracts from, the register, or of or from an instrument lodged under this Part, certified by writing under his hand, and a copy or extract so certified is admissible as evidence in all courts and proceedings without further proof or production of the original. (3) The Minister may, on payment of the fee prescribed by regulation, by instrument in writing under his hand, certify that an entry, matter or thing required or permitted by or under this Part to be made or done has or has not, as the case may be, been made or done and such a certificate is evidence in all courts and proceedings of the statements contained in the certificate. 56 Rectification of register (1) A person aggrieved by: (a) the omission of an entry from the register; -- 54 of 78 -- Part V Registration of licences and related instruments Energy Pipelines Act 1981 51 (b) an entry made in the register without sufficient cause; (c) an entry wrongly existing in the register; or (d) an error or defect in an entry in the register, may apply to the Tribunal for an order directing the rectification of the register and the Tribunal may make such order as it thinks fit. (2) The Tribunal may, in proceedings under this section, decide any question that it is necessary or expedient to decide in connection with the rectification of the register. (3) Notice of an application under subsection (1) shall be given to the Minister, who may appear and be heard, and who shall appear if so directed by the Tribunal. (4) An office copy of an order made under this section by the Tribunal may be served on the Minister and the Minister shall, upon receipt of the order, cause the register to be rectified accordingly. 57 Minister not liable to certain actions Subject to section 58, neither the Minister nor the Registrar, nor a person acting under the direction or authority of either the Minister or the Registrar, is liable to an action, suit or proceeding for or in respect of an act done or omission made in good faith in the exercise or purported exercise of a power or authority conferred by this Part. 58 Offences A person who wilfully: (a) makes, causes to be made or concurs in making a false entry in the register; or (b) produces or tenders in evidence a document falsely purporting to be a copy of or extract from an entry in the register or of or from an instrument lodged with the Minister under this Part, is guilty of an offence. Maximum penalty: In the case of a natural person – 500 penalty units or 2 years imprisonment. In the case of a body corporate – 2500 penalty units. -- 55 of 78 -- Part VA Environmental management Division 1 General environmental offences Energy Pipelines Act 1981 52 Part VA Environmental management Division 1 General environmental offences 58A Application This Part does not apply in relation to a substance that is prescribed under the Waste Management and Pollution Control Act 1998 to be an ozone-depleting substance. 58B Interpretation (1) In this Part, unless the contrary intention appears: contaminant means a solid, liquid or gas or any combination of those substances and includes: (a) noise, odour and heat; (b) a prescribed substance or prescribed class of substances; and (c) a substance having a prescribed property or prescribed class of properties. environment means land, air, water, organisms and ecosystems and includes: (a) the well-being of humans; (b) structures made or modified by humans; (c) the amenity values of an area; and (d) economic, cultural and social conditions. environmental harm means: (a) any harm to or adverse effect on the environment; or (b) any potential harm (including the risk of harm and future harm) to or potential adverse effect on the environment, of any degree or duration and includes environmental nuisance. environmental nuisance, in relation to land, means: (a) an adverse effect on the amenity of the land caused by noise, smoke, dust, fumes or odour; or -- 56 of 78 -- Part VA Environmental management Division 1 General environmental offences Energy Pipelines Act 1981 53 (b) an unsightly or offensive condition on the land. land includes water and air on, above or under land. material environmental harm means environmental harm that: (a) is not trivial or negligible in nature; (b) consists of an environmental nuisance of a high impact or on a wide scale; (c) results, or is likely to result, in not more than $50,000 or the prescribed amount (whichever is greater) being spent in taking appropriate action to prevent or minimise the environmental harm or rehabilitate the environment; or (d) results in actual or potential loss or damage to the value of not more than $50,000 or the prescribed amount (whichever is greater). serious environmental harm means environmental harm that is more serious than material environmental harm and includes environmental harm that: (a) is irreversible or otherwise of a high impact or on a wide scale; (b) damages an aspect of the environment that is of a high conservation value, high cultural value or high community value or is of special significance; (c) results or is likely to result in more than $50,000 or the prescribed amount (whichever is greater) being spent in taking appropriate action to prevent or minimise the environmental harm or rehabilitate the environment; or (d) results in actual or potential loss or damage to the value of more than $50,000 or the prescribed amount (whichever is greater). waste material means: (a) a solid, liquid or gas; or (b) a mixture of those substances, that is left over, surplus or is an unwanted by-product and includes a prescribed substance or class of substances. -- 57 of 78 -- Part VA Environmental management Division 1 General environmental offences Energy Pipelines Act 1981 54 (2) For the purposes of this Part, loss, in relation to an act or failure to act, includes the reasonable costs and expenses that would be incurred in taking all reasonable and practicable measures: (a) to prevent or mitigate environmental harm caused by or resulting from the act or failure to act; and (b) to make good environmental harm resulting from the act or failure to act. (3) For the purposes of this Part, environmental harm may be caused by an act or failure to act whether the harm: (a) is caused directly or indirectly or is a direct or indirect result of the act or failure to act; or (b) results from, or is caused by, the act or failure to act alone or from the combined effects of the act or failure to act and other factors. 58C General environmental offences (1) A person must not, during the conduct of an operation authorised under this Act, intentionally do an act, or fail to do an act, that causes the release of a contaminant or waste from a pipeline if: (a) he or she knows, or ought reasonably be expected to know, that serious environmental harm or material environmental harm will or might result from the release of the contaminant or waste; and (b) the contaminant or waste causes serious environmental harm to land all of which is within one kilometre of the pipeline. Penalty: environmental offence level 1. (2) A person must not, during the conduct of an operation authorised under this Act, do an act, or fail to do an act, that causes the release of a contaminant or waste from a pipeline if: (a) he or she knows, or ought reasonably be expected to know, that serious environmental harm or material environmental harm will or might result from the release of the contaminant or waste; and (b) the contaminant or waste causes serious environmental harm to land all of which is within one kilometre of the pipeline. Penalty: environmental offence level 2. -- 58 of 78 -- Part VA Environmental management Division 1 General environmental offences Energy Pipelines Act 1981 55 (3) A person must not, during the conduct of an operation authorised under this Act, intentionally do an act, or fail to do an act, that causes the release of a contaminant or waste from a pipeline if: (a) he or she knows, or ought reasonably be expected to know, that serious environmental harm or material environmental harm will or might result from the release of the contaminant or waste; and (b) the contaminant or waste causes material environmental harm to land all of which is within one kilometre of a pipeline. Penalty: environmental offence level 2. (4) A person must not, during the conduct of an operation authorised under this Act, do an act, or fail to do an act, that causes the release of a contaminant or waste from a pipeline if: (a) he or she knows, or ought reasonably be expected to know, that serious environmental harm or material environmental harm will or might result from the release of the contaminant or waste; and (b) the contaminant or waste causes material environmental harm to land all of which is within one kilometre of the pipeline. Penalty: environmental offence level 3. (5) A person must not, during the conduct of an operation authorised under this Act, do an act, or fail to do an act, that causes the release of a contaminant or waste from a pipeline, if the contaminant or waste causes an environmental nuisance to land all of which is within one kilometre of the pipeline. Penalty: environmental offence level 4. 58D Defences to general environmental offences (1) It is a defence to a prosecution for an offence against section 58C if it is proved that the act or failure to act was authorised under an Act. (2) It is a defence to a prosecution for an offence against section 58C if it is proved that the alleged offence did not result from a failure on the defendant's part to exercise reasonable diligence. -- 59 of 78 -- Part VA Environmental management Division 2 Liabilities of employers, employees etc. Energy Pipelines Act 1981 56 (3) It is a defence to a prosecution for an offence against section 58C in relation to a particular contaminant or waste material if it is proved the defendant complied with: (a) a provision of an environment protection objective within the meaning of the Waste Management and Pollution Control Act 1998; or (b) a condition of an approval, permit, lease, licence or authorisation under an Act, that fixed maximum allowable levels for the particular contaminant or waste material. 58E Alternative verdicts available In a proceeding for an offence against: (a) section 58C(1) – the person charged with the offence may be found guilty alternatively of an offence against section 58C(2), (3), (4) or (5); (b) section 58C(2) – the person charged with the offence may be found guilty alternatively of an offence against section 58C(3), (4) or (5); (c) section 58C(3) – the person charged with the offence may be found guilty alternatively of an offence against section 58C(4) or (5); or (d) section 58C(4) – the person charged with the offence may be found guilty alternatively of an offence against section 58C(5). Division 2 Liabilities of employers, employees etc. 58F Actions etc. of employee or agent of body corporate are those of body corporate (1) If in proceedings for an offence against this Part it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show: (a) that the conduct was engaged in by a director, manager, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and (b) that the director, manager, employee or agent had the relevant state of mind. -- 60 of 78 -- Part VA Environmental management Division 2 Liabilities of employers, employees etc. Energy Pipelines Act 1981 57 (2) For the purposes of a prosecution for an offence against this Part, conduct engaged in on behalf of a body corporate by a director, manager, employee or agent of the body corporate within the scope of his or her actual or apparent authority is taken to have been engaged in also by the body corporate. (3) For the purposes of this section, a reference to engaging in conduct is to be read as including a reference to failing or refusing to engage in conduct. 58G Criminal liability of executive officer of body corporate (1) An executive officer of a body corporate commits an offence if: (a) the body corporate commits an offence by contravening a declared provision (a relevant offence) and the officer knew, or could reasonably have been expected to have known, that the contravention would happen; and (b) the officer was in a position to influence the conduct of the body corporate in relation to the contravention; and (c) the officer failed to take reasonable steps to prevent the contravention. Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence. (2) In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following: (a) any action the officer took directed towards ensuring the following (to the extent the action is relevant to the contravention): (i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision; (ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i); (iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision; (b) any action the officer took when the officer became aware that the contravention was, or could be, about to happen. -- 61 of 78 -- Part VA Environmental management Division 2 Liabilities of employers, employees etc. Energy Pipelines Act 1981 58 (3) Subsection (2) does not limit the matters the court may consider. (4) This section does not affect the liability of the body corporate. (5) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence. (6) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence. (7) In this section: declared provision means: (a) section 12(1) or (2), 15A(6), 26(2), 28(4), 37(1), 37A(1) or (3), 38(3), 39, 40(3), 42(6), 65 or 66(1), (2), (3) or (5); or (b) a provision of the Regulations prescribed by regulation. executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate. 58H Liability for managers, employees and agents (1) For the purposes of a prosecution for an offence against this Part, conduct engaged in on behalf of a person other than a body corporate (in this section called the employer) by a manager, employee or agent of the person within the scope of his or her actual or apparent authority is taken to have been engaged in also by the employer. (2) An employer may be proceeded against and found guilty under a provision in pursuance of subsection (1), whether or not the manager, employee or agent has been proceeded against or found guilty of an offence against that provision. (3) It is a defence to a prosecution for an offence committed by virtue of subsection (1) if the defendant establishes that: (a) the person who committed the offence that the defendant is to be taken to have committed under subsection (1) had, under this Act, a defence to the offence that the defendant is, apart from this subsection, to be taken to have committed; (b) the act or omission that constituted the offence took place without the defendant's authority, permission or consent; -- 62 of 78 -- Part VI Miscellaneous Energy Pipelines Act 1981 59 (c) the defendant did not know, and ought not reasonably be expected to have known, the offence was to be or was being committed and took all reasonable steps to prevent or stop the commission of the offence or a similar offence; or (d) the defendant could not by the exercise of reasonable diligence have prevented the commission of the offence by the person who committed the offence. (4) Despite anything in this Act or the Environmental Offences and Penalties Act 1996, a person is not liable to be punished by imprisonment for an offence if the person would not have been found guilty of the offence except for subsection (1). (5) For the purposes of this section, a reference to engaging in conduct is to be read as including a reference to failing or refusing to engage in conduct. Part VI Miscellaneous 59 Pipeline is not a fixture A pipeline is not a fixture of the land: (a) to which it is attached; or (b) through, under, on, across or above which it is constructed. 59A Licensee not required to own pipeline Nothing in this Act is to be taken to imply that the holder of a licence in relation to a pipeline must be the owner of the pipeline. 60 Notices of grants, &c., of licences to be published The Minister shall cause to be published in the Gazette such particulars as he thinks fit of the grant, renewal, variation, surrender or expiration of a licence. 61 Address for service Every licensee shall forward to the Minister an address for service of notices, orders and directions under this Act. 62 Delegations by Minister (1) The Minister may, by instrument in writing, delegate to a person any of his powers and functions under this Act, other than this power of delegation. -- 63 of 78 -- Part VI Miscellaneous Energy Pipelines Act 1981 60 (2) A power or function delegated under this section, when exercised or performed by the delegate shall, for the purposes of this Act, be deemed to have been exercised or performed by the Minister. (3) A delegation under this section does not prevent the exercise of a power or the performance of a function by the Minister. 63 Inspectors (1) The Minister may, by instrument in writing, appoint a person to be an inspector for the purposes of this Act. (2) The Minister may furnish to an inspector a certificate stating that he is an inspector for the purposes of this Act. (3) Where the appointment of a person under subsection (1) expires or is revoked, that person shall forthwith surrender to the Minister the certificate furnished to him under subsection (2). Maximum penalty: 20 penalty units. (4) An offence of contravening or failing to comply with subsection (3) is a regulatory offence. 63A No action against inspector or assistants No action or proceedings, civil or criminal, shall lie against an inspector, or a person assisting an inspector, for or in relation to an act or thing done in good faith and in his or her capacity as an inspector or a person assisting an inspector, as the case may be. 64 Powers of inspectors (1A) An inspector has such powers as are given to him by or under this Act. (1) For the purposes of this Act and the Regulations, an inspector, at all reasonable times and on production of the certificate furnished to him under section 63(2): (a) may enter land in respect of which a permit is in force or a licence area; (b) may inspect and test a pipeline or apparatus or works; (c) may take samples of a substance being conveyed by a pipeline; and (d) may require a permittee, licensee or any other person who has the custody of any books, records, documents, maps or -- 64 of 78 -- Part VI Miscellaneous Energy Pipelines Act 1981 61 plans relating to a pipeline or proposed pipeline, to produce to him those books, records, documents, maps or plans and may inspect, take extracts from and make copies of any of those books, records, documents, maps or plans. (2) A person who is the occupier or person in charge of a building, structure or place shall provide an inspector with all reasonable facilities and assistance for the effective exercise of his powers. Maximum penalty: In the case of a natural person – 50 penalty units. In the case of a body corporate – 250 penalty units. (3) A person shall not, without reasonable excuse, obstruct or hinder an inspector in the exercise of his powers. Maximum penalty: In the case of a natural person – 500 penalty units. In the case of a body corporate – 2500 penalty units. 64A Inspector may cause certain work to stop (1) Where, in the opinion of an inspector, work of any kind being carried out on land within a corridor 25 m in width having as its centre line an imaginary line connecting markers erected in accordance with directions given under section 40, or as prescribed, marking the position of a pipeline in respect of which a licence is in force, other than work being carried out: (a) by or on behalf, and under the supervision, of the licensee; or (b) under, and in accordance with the conditions of, a consent referred to in section 66A, may cause damage to the pipeline, he may direct the person carrying out the work to cease carrying out that work. (2) A person directed under subsection (1) shall comply with and not contravene the direction. Maximum penalty: In the case of a natural person – 200 penalty units or 5 years imprisonment. In the case of a body corporate – 1000 penalty units. -- 65 of 78 -- Part VI Miscellaneous Energy Pipelines Act 1981 62 65 Theft from pipeline A person who maliciously or fraudulently: (a) abstracts; (b) causes to be wasted or diverted; or (c) consumes or uses, any energy-producing hydro-carbon being conveyed by means of a pipeline, is guilty of an offence. Maximum penalty: Imprisonment for 10 years. 66 Threat to pipeline (1) A person who, on land within a corridor 25 m in width having as its centre line an imaginary line connecting markers erected in accordance with directions given under section 40, or as prescribed, marking the position of a pipeline in respect of which a licence is in force: (a) excavates, bores or otherwise opens up or disturbs, or compacts by mechanical means, the land; or (b) except when using a public road, or a public or private right of way on which such a thing is permitted, brings onto or across the land, or causes or allows to be brought onto or across the land, a vehicle, trailer, engine, carriage, compacting machine or mobile structure or a thing of a similar kind, without the consent of the licensee of the pipeline, an inspector, the Minister or the delegate of the Minister is guilty of an offence. Maximum penalty: In the case of an offence against paragraph (a) committed by a natural person – 200 penalty units or 5 years imprisonment. In the case of an offence against paragraph (a) committed by a body corporate – 1000 penalty units. In the case of an offence against paragraph (b) committed by a natural person – 100 penalty units or 6 months imprisonment. In the case of an offence against paragraph (b) committed by a body corporate – 500 penalty units. -- 66 of 78 -- Part VI Miscellaneous Energy Pipelines Act 1981 63 (2) A person who unlawfully damages, or interferes with the operation of, a pipeline is guilty of an offence. Maximum penalty: In the case of a natural person – 200 penalty units or 5 years imprisonment. In the case of a body corporate – 1000 penalty units. (3) A person must not lay or detonate explosives on land within a licence corridor except with the consent of the Minister or the licensee of the pipeline that is within the licence corridor. Maximum penalty: In the case of a natural person – 50 penalty units or 2 years imprisonment. In the case of a body corporate – 200 penalty units. (4) For the purposes of subsection (3), licence corridor means a corridor 64 m in width having as its centre line an imaginary line connecting markers erected in accordance with directions given under section 40, or as prescribed, marking the position of a pipeline in respect of which a licence is in force. (5) A person must not within 200 m of a pipeline in relation to which a licence is in force: (a) drop or drag an anchor; or (b) perform an action that could damage the pipeline, except with the consent of the licensee of the pipeline, an inspector, the Minister or a delegate of the Minister. Maximum penalty: In the case of a natural person – 100 penalty units. In the case of a body corporate – 500 penalty units. 67 Continuing offences (1) Where an offence is committed by a person by reason of his failure to comply, within the period specified in a direction given to him under this Act or the Regulations, with the requirements specified in the direction, the offence, for the purposes of subsection (3), shall be deemed to continue so long as any requirement specified in the direction remains not done, notwithstanding that the period has elapsed. -- 67 of 78 -- Part VI Miscellaneous Energy Pipelines Act 1981 64 (2) Where an offence is committed by a person by reason of his failure to comply with a provision of this Act or the Regulations, the offence, for the purposes of subsection (3), shall be deemed to continue so long as that failure continues, notwithstanding that a period within which the act was required to be done has elapsed. (3) Where, under subsection (1) or (2), an offence is deemed to continue, the person who committed the offence commits an additional offence against this Act and the Regulations on each day during which the offence is deemed to continue and, subject to a contrary intention in the provision against which the offence was committed, is liable, upon being found guilty for such an additional offence, to a fine not exceeding 10 per cent of the maximum penalty for the offence for each day during which the offence continues. 67A Service A document required or permitted by this Act to be served on a person shall be served upon the person by: (a) delivering it to him personally; (b) posting it to him at his last-known or most usual place of residence or business; (c) leaving it for him at his last-known or most usual place of residence or business with some other person, apparently resident or employed there and who has apparently attained the age of 16 years; or (d) where service cannot be effected in the manner specified in paragraph (a), (b) or (c), attaching the document to the place of residence of, or to some other conspicuous object on the land of which the person to be served is, the owner or occupier. 67B Compensation (1) Compensation is payable by the holder of a permit to: (a) the native title holder in respect of any affected land or waters for the effect of the grant, extension or variation of the permit on the holder's native title rights and interests; and (b) the owners and occupiers of any affected land or waters for the loss or damage in respect of that person's interest in the affected land or waters because of the grant, extension or variation of the permit. -- 68 of 78 -- Part VI Miscellaneous Energy Pipelines Act 1981 65 (2) Compensation is payable by the holder of a licence to: (a) the native title holder in respect of any affected land or waters for the effect of the grant, renewal or variation of the licence on the holder's registered native title rights and interests for which the holder was not otherwise compensated when land, or easements or other interests over land, were acquired for the purposes of the pipeline; and (b) the owners and occupiers of any affected land or waters for the loss or damage in respect of that person's interest in the affected land or waters because of the grant, extension or variation of the licence, being loss or damage for which the person was not otherwise compensated when land, or easements or other interests over land, were acquired for the purposes of the pipeline. (3) A person who intends to claim compensation under this section must lodge the claim in writing with the holder of the permit or licence within 3 years after the grant, extension, renewal or variation of the permit or licence or within the further time the Tribunal allows. (4) The Tribunal has the jurisdiction to extend the time for making a claim referred to in subsection (3) as if the claim were an action to which section 44 of the Limitation Act 1981 applies and the Tribunal were a court for the purposes of that section. (5) In the absence of agreement, the compensation that may be payable to a native title holder is not determinable by the Tribunal until there is an approved determination of native title that the holder holds native title in the affected land or waters. (6) In the event of a dispute about compensation payable under this section, the holder of the permit or licence or the owner or occupier or registered native title body corporate to whom compensation may be payable may refer the dispute to the Tribunal. (7) If a person entitled to compensation under this section requests that the whole or part of the compensation should be in a form other than money, the person by whom the compensation is payable must consider the request. (8) A reference in this section to the payment of compensation is to be read as including a reference to the giving of compensation in a form other than money, including the transfer of property and the provision of goods and services. -- 69 of 78 -- Part VI Miscellaneous Energy Pipelines Act 1981 66 68 Regulations (1) The Administrator may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting the generality of subsection (1), the Regulations may make provision for or in relation to: (a) the construction, maintenance and operation of pipelines and the safety measures to be taken in respect thereof; (b) the inspection of pipelines and the cost of such inspections; (c) the keeping of registers under this Act; (d) the escape of substances from a pipeline; (e) the unit amount for the purposes of calculating the licence fee under section 30; (f) the marking of the location of pipelines; and (g) the prevention of damage to land used in connection with the construction or operation of pipelines. (3) The Regulations may provide, in respect of an offence against the Regulations, for the imposition of: (a) a fine not exceeding, in the case of a natural person, 200 penalty units or, in the case of a body corporate, 1000 penalty units; or (b) a fine not exceeding, in the case of a natural person, 200 penalty units or, in the case of a body corporate, 1000 penalty units for each day during which an offence against the Regulations continues. -- 70 of 78 -- Part VII Transitional matters for Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014 Energy Pipelines Act 1981 67 Part VII Transitional matters for Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014 69 Definitions In this Part: commencement means the commencement of Part 6 of the Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014. former legislation means the following as in force immediately before the commencement: (a) this Act; (b) the Lands, Planning and Mining Tribunal Act 1998. 70 Action or application to Supreme Court before commencement (1) This section applies if, before the commencement: (a) a person had brought an action or made an application to the Supreme Court under this Act; and (b) the Supreme Court had not decided the matter. (2) The Supreme Court must continue to deal with the matter in accordance with the former legislation. 71 Application to Tribunal before commencement (1) This section applies if, before the commencement: (a) a person had made an application to the former Tribunal; and (b) the former Tribunal had not decided the application. (2) The former Tribunal must continue to deal with the application in accordance with the former legislation. (3) In this section: former Tribunal means the Lands, Planning and Mining Tribunal as in existence under the Lands, Planning and Mining Tribunal Act 1998 immediately before the commencement of the Northern Territory Civil and Administrative Tribunal Act 2014. -- 71 of 78 -- Part VIII Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015 Energy Pipelines Act 1981 68 Part VIII Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015 72 Offences – before and after commencement (1) Section 58G, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 8 of that Act (the commencement) only if: (a) all the conduct constituting the relevant offence occurred after the commencement; and (b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement. (2) Section 58G, as in force before the commencement: (a) continues to apply in relation to offences committed by a body corporate before the commencement; and (b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply. -- 72 of 78 -- ENDNOTES Energy Pipelines Act 1981 69 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Energy Pipelines Act 1981 (Act No. 2, 1982) Assent date 12 February 1982 Commenced 11 August 1982 (Gaz S23, 11 August 1982) Statute Law Revision Act 1983 (Act No. 58, 1983) Assent date 28 November 1983 Commenced 28 November 1983 Criminal Law (Regulatory Offences) Act 1983 (Act No. 68, 1983) Assent date 28 November 1983 Commenced 1 January 1984 (s 2, s 2 Criminal Code Act 1983 (Act No. 47, 1983), Gaz G46, 18 November 1983, p 11 and Gaz G8, 26 February 1986, p 5) Energy Pipelines Amendment Act 1984 (Act No. 46, 1984) Assent date 25 September 1984 Commenced 28 November 1984 (Gaz G47, 28 November 1984, p 9) Energy Pipelines Amendment Act 1985 (Act No. 37, 1985) Assent date 18 September 1985 Commenced 18 September 1985 Companies and Securities (Consequential Amendments) Act 1986 (Act No. 18, 1986) Assent date 30 June 1986 Commenced 1 July 1986 (s 2) Statute Law Revision Act 1986 (Act No. 64, 1986) Assent date 19 December 1986 Commenced 19 December 1986 -- 73 of 78 -- ENDNOTES Energy Pipelines Act 1981 70 Energy Pipelines Amendment Act 1989 (Act No. 32, 1989) Assent date 28 June 1989 Commenced 2 August 1989 (Gaz G30, 2 August 1989, p 5) Energy Pipelines Amendment Act 1990 (Act No. 23, 1990) Assent date 7 June 1990 Commenced 25 July 1990 (Gaz G29, 25 July 1990, p 2) Corporations (Consequential Amendments) Act 1990 (Act No. 59, 1990) Assent date 14 December 1990 Commenced 1 January 1991 (s 2, s 2 Corporations (NT) Act 1990 (Act No. 56, 1990) and Gaz S76, 21 December 1990) Pastoral Land (Consequential Amendments) Act 1992 (Act No. 39, 1992) Assent date 25 June 1992 Commenced 26 June 1992 (s 2, s 2 Pastoral Land Act 1992 (Act No. 17, 1992) and Gaz S33, 26 June 1992) Local Government (Consequential Amendments) Act 1993 (Act No. 84, 1993) Assent date 31 December 1993 Commenced 1 June 1994 (s 2, s 2 Local Government Act 1993 (Act No. 83, 1993) and Gaz S35, 20 May 1994) Planning (Consequential Amendments) Act 1993 (Act No. 86, 1993) Assent date 31 December 1993 Commenced 18 April 1994 (s 2, s 2 Planning Act 1993 (Act No. 85, 1993) and Gaz S28, 18 April 1994) Sentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996) Assent date 19 April 1996 Commenced 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996) Energy Pipelines Amendment Act 1998 (Act No. 56, 1998) Assent date 28 August 1998 Commenced 1 October 1998 (Gaz S37, 1 October 1998) Amending Legislation Lands and Mining (Miscellaneous Amendments) Act 1998 (Act No. 93, 1998) Assent date 23 December 1998 Commenced 1 October 1998 (Gaz S37, 1 October 1998) Energy Pipelines Amendment Regulations (SL No. 45, 1998) Notified 1 October 1998 Commenced 1 October 1998 Statute Law Revision Act (No. 2) 1998 (Act No. 92, 1998) Assent date 11 December 1998 Commenced 11 December 1998 Lands and Mining (Miscellaneous Amendments) Act 1998 (Act No. 93, 1998) Assent date 23 December 1998 Commenced 1 October 1998 (Gaz S37, 1 October 1998) -- 74 of 78 -- ENDNOTES Energy Pipelines Act 1981 71 Planning (Consequential Amendments) Act 1999 (Act No. 56, 1999) Assent date 14 December 1999 Commenced 12 April 2000 (s 2, s 2 Planning Act 1999 (Act No. 55, 1999) and Gaz S15, 12 April 1999) Energy Pipelines Amendment Act 2000 (Act No. 43, 2000) Assent date 31 August 2000 Commenced 8 November 2000 (Gaz G44, 8 November 2000, p 3) Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001) Assent date 29 June 2001 Commenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50, 2001) and Cth Gaz S285, 13 July 2001) Statute Law Revision Act (No. 2) 2001 (Act No. 62, 2001) Assent date 11 December 2001 Commenced 11 December 2001 (s 2(1), (4), s 2 Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001), s 2 Corporations Act 2001 (Cth Act No. 50, 2001) and Cth Gaz S285, 13 July 2001) Energy Pipelines Amendment Act 2003 (Act No. 29, 2003) Assent 26 June 2003 Commenced 26 June 2003 Statute Law Revision Act 2005 (Act No. 44, 2005) Assent 14 December 2005 Commenced 14 December 2005 Statute Law Revision Act 2007 (Act No. 4, 2007) Assent 8 March 2007 Commenced 8 March 2007 National Gas (Northern Territory) Act 2008 (Act No. 16, 2008) Assent 24 June 2008 Commenced 1 July 2008 (Gaz S32, 1 July 2008) Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008) Assent 14 November 2008 Commenced 1 July 2008 (s 2) Statute Law Revision Act 2009 (Act No. 25, 2009) Assent 1 September 2009 Commenced 16 September 2009 (Gaz G37, 16 September 2009, p 3) Personal Property Securities (National Uniform Legislation) Implementation Act 2010 (Act No. 30, 2010) Assent date 9 September 2010 Commenced ss 58 to 60: 30 January 2012 (Gaz S2, 24 January 2012); rem: 25 November 2011 (Gaz S68, 25 November 2011) Penalties Amendment (Children and Families, Health and Primary Industry, Fisheries and Resources) Act 2011 (Act No. 28, 2011) Assent date 31 August 2011 Commenced 21 September 2011 (Gaz G38, 21 September 2011, p 4) -- 75 of 78 -- ENDNOTES Energy Pipelines Act 1981 72 Local Government Amendment Act 2013 (Act No. 28, 2013) Assent date 8 November 2013 Commenced 8 November 2013 Energy Pipelines Amendment Act 2013 (Act No. 39, 2013) Assent date 19 December 2013 Commenced 1 January 2014 (s 2) Local Government Amendment Act 2014 (Act No. 19, 2014) Assent date 2 June 2014 Commenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014, (s 2) Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014 (Act No. 35, 2014) Assent date 13 November 2014 Commenced pts 4, 9, 10 and 19: 1 June 2015 (Gaz S53, 29 May 2015, p 2); rem: 1 January 2015 (Gaz G51, 24 December 2014, p 7) Statute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015) Assent date 18 September 2015 Commenced 14 October 2015 (Gaz G41, 14 October 2015, p 3) 3 SAVINGS AND TRANSITIONAL PROVISIONS s 4 Energy Pipelines Amendment Act 1985 (Act No. 37, 1985) s 10 Energy Pipelines Amendment Act 1998 (Act No. 56, 1998) (sub s 16 Lands and Mining (Miscellaneous Amendments) Act 1998 (Act No. 56, 1998) s 6 Energy Pipelines Amendment Act 2003 (Act No. 29, 2003) 4 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 4, 15, 22, 38A, 42, 50, 58A, 58D, 58H, 67B, 69 and 71. 5 LIST OF AMENDMENTS lt amd No. 43, 2000, s 4 s 3 amd No. 46, 1984, s 4; No. 64, 1986, s 4; No. 32, 1989, s 4; No. 23, 1990, s 4; No. 39, 1992, s 3; No. 84, 1993, s 6; No. 56, 1998, s 4; SL No. 45, 1998, r 4; No. 93, 1998, s 4; No. 43, 2000, s 5; No. 62, 2001, s 15; No. 29, 2003, s 3; No. 4, 2007, s 7; No. 28, 2008, s 3; No. 19, 2014, s 26; No. 35, 2014, s 36 s 4 amd No. 46, 1984, s 5; No. 23, 1990, s 5; No. 43, 2000, s 6 s 5 amd No. 39, 2013, s 8 s 6 amd No. 32, 1989, s 5; No. 84, 1993, s 6; SL No. 45, 1998, r 5; No. 93, 1998, s 5; No. 25, 2009, s 10; No. 28, 2013, s 61; No. 35, 2014, s 26 s 8 amd No. 32, 1989, s 6; SL No. 45, 1998, r 6; No. 93, 1998, s 6 s 9 amd SL No. 45, 1998, r 7; No. 93, 1998, s 7 s 12 amd No. 64, 1986, s 4; No. 43, 2000, s 21; No. 28, 2011, s 5 s 13 amd No. 58, 1983, s 3; No. 46, 1984, s 6; No. 64, 1986, s 4; No. 84, 1993, s 6; SL No. 45, 1998, r 8; No. 93, 1998, s 8; No. 43, 2000, s 7; No. 25, 2009, s 10; No. 28, 2013, s 61; No. 39, 2013, s 8; No. 19, 2014, s 26 -- 76 of 78 -- ENDNOTES Energy Pipelines Act 1981 73 s 14 amd No. 32, 1989, s 7 s 15 amd No. 58, 1983, s 3; No. 23, 1990, s 6; No. 86, 1993, s 3; SL No. 45, 1998, r 9; No. 93, 1998, s 9; No. 56, 1999, s 3 s 15A ins No. 23, 1990, s 7 amd No. 43, 2000, s 21; No. 28, 2011, s 5 s 16 amd No. 32, 1989, s 8; No. 43, 2000, s 8; No. 29, 2003, s 4; No. 39, 2013, s 8 s 17 amd No. 32, 1989, s 9; SL No. 45, 1998, r 10; No. 93, 1998, s 10 s 17A ins No. 32, 1989, s 10 rep No. 56, 1998, s 5 s 18 amd No. 46, 1984, s 7; No. 32, 1989, s 11 s 19 amd No. 32, 1989, s 12; No. 29, 2003, s 5 s 20 sub No. 32, 1989, s 13 amd No. 43, 2000, s 9; No. 39, 2013, s 4 s 21 sub No. 56, 1998, s 6 amd No. 93, 1998, s 10 s 21A ins No. 32, 1989, s 14 s 21B ins No. 32, 1989, s 14 amd No. 84, 1993, s 6; SL No. 45, 1998, r 11; No. 93, 1998, s 12; No. 25, 2009, s 10; No. 39, 2013, s 5; No. 19, 2014, s 26 s 21C ins No. 32, 1989, s 14 amd No. 39, 2013, s 8 s 21D ins No. 32, 1989, s 14 s 22 amd No. 56, 1998, s 7; SL No. 45, 1998, r 12 s 26 amd No. 93, 1998, s 13; No. 43, 2000, s 21; No. 28, 2011, s 5; No. 35, 2014, s 37 s 27 amd No. 17, 1996, s 6 s 28 amd No. 43, 2000, s 21; No. 28, 2011, s 5 s 30 amd No. 46, 1984, s 8; No. 32, 1989, s 24; No. 43, 2000, s 10; No. 39, 2013, s 6 s 31 amd No. 32, 1989, s 24 s 32A ins No. 30, 2010, s 34 pt IV hdg amd No. 43, 2000, s 11 s 33 rep No. 32, 1989, s 15 s 34 amd No. 32, 1989, s 16 s 36 amd No. 43, 2000, s 12; No. 28, 2011, s 5 s 37 amd No. 43, 2000, s 21; No. 28, 2011, s 5 s 37A ins No. 43, 2000, s 13 amd No. 28, 2011, s 5 s 38 amd No. 32, 1989, s 17; No. 43, 2000, s 14; No. 28, 2011, s 5 s 38A ins No. 43, 2000, s 15 amd No. 62, 2001, s 15 ss 39 – 40 amd No. 43, 2000, s 21; No. 28, 2011, s 5 s 42 amd No. 92, 1998, s 10; No. 43, 2000, s 21; No. 16, 2008, s 17; No. 28, 2011, s 5 s 43 amd No. 46, 1984, s 9; No. 18, 1986, s 3; No. 59, 1990, s 4; No. 93, 1998, s 14; No. 43, 2000, s 21; No. 17, 2001, s 21; No. 28, 2011, s 5 pt IVA hdg ins No. 56, 1998, s 8 rep SL No. 45, 1998, r 13 ss 43A – 43P ins No. 56, 1998, s 8 rep SL No. 45, 1998, r 13 s 44 amd No. 46, 1984, s 10; No. 43, 2000, s 16 s 45 amd No. 32, 1989, s 24 s 46 amd No. 32, 1989, ss 18 and 24; No. 39, 2013, s 8 s 47 amd No. 39, 2013, s 7 s 48 amd No. 32, 1989, s 19 s 49 amd No. 32, 1989, ss 20 and 24; No. 39, 2013, s 8 s 50 amd No. 43, 2000, s 21; No. 28, 2011, s 5 ss 52 – 53 amd No. 43, 2000, s 21; No. 28, 2011, s 5 s 54 amd No. 32, 1989, s 21; No. 39, 2013, s 8 -- 77 of 78 -- ENDNOTES Energy Pipelines Act 1981 74 s 56 amd No. 35, 2014, s 38 s 55 amd No. 39, 2013, s 8 s 58 amd No. 43, 2000, s 21; No. 28, 2011, s 5 pt VA hdg ins No. 43, 2000, s 17 ss 58A – 58F ins No. 43, 2000, s 17 s 58G ins No. 43, 2000, s 17 sub No. 26, 2015, s 25 s 58H ins No. 43, 2000, s 17 s 59 amd No. 32, 1989, s 22; SL No. 45, 1998, r 14 sub No. 44, 2005, s 26 s 59A ins No. 43, 2000, s 18 s 63 amd No. 68, 1983, s 4; No. 32, 1989, s 24; No. 43, 2000, s 21; No. 28, 2011, s 5 s 63A ins No. 23, 1990, s 8 s 64 amd No. 46, 1984, s 11; No. 43, 2000, s 19; No. 28, 2011, s 5 s 64A ins No. 46, 1984, s 12 amd No. 43, 2000, s 21; No. 28, 2011, s 5 s 65 amd No. 28, 2011, s 5 s 66 sub No. 46, 1984, s 13 amd No. 32, 1989, s 23; No. 43, 2000, s 20; No. 28, 2011, s 5 s 67 amd No. 17, 1996, s 6; No. 43, 2000, s 21 s 67A ins No. 37, 1985, s 3 s 67B ins No. 56, 1998, s 9 sub SL No. 45, 1998, r 15; No. 93, 1998, s 15 ss 67C – 67D rep No. 93, 1998, s 15 s 68 amd No. 43, 2000, s 21 pt VII hdg ins No. 35, 2014, s 39 ss 69 – 71 ins No. 35, 2014, s 39 pt VIII hdg ins No. 26, 2015, s 26 s 72 ins No. 26, 2015, s 26 -- 78 of 78 --