NORTH EAST GAS INTERCONNECTOR PIPELINE (SPECIAL PROVISIONS) ACT 2015

NORTHERN TERRITORY OF AUSTRALIA NORTH EAST GAS INTERCONNECTOR PIPELINE (SPECIAL PROVISIONS) ACT 2015 As in force at 10 December 2015 Table of provisions Part 1 Preliminary matters 1 Short title ......................................................................................... 1 2 Definitions ........................................................................................ 1 3 Act binds Crown .............................................................................. 2 4 Application of Criminal Code ........................................................... 2 Part 2 Priority of applications 5 Application by Pipeline licensee or project participant ..................... 3 Part 3 Roads and waterways 6 Construction in road ........................................................................ 3 7 Waterway crossing .......................................................................... 3 8 Compliance with conditions ............................................................. 4 Part 4 Sacred sites 9 Work or use of land in proximity to sacred sites .............................. 4 Part 5 Easement in gross over pastoral land 10 Easement in gross over pastoral land ............................................. 5 Part 6 Miscellaneous matters 11 Relationship with Planning Act 1999 ............................................... 5 12 Regulations...................................................................................... 5 ENDNOTES -- 1 of 8 -- -- 2 of 8 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 10 December 2015 ____________________ NORTH EAST GAS INTERCONNECTOR PIPELINE (SPECIAL PROVISIONS) ACT 2015 An Act to make special provision for the North East Gas Interconnector Pipeline Project Part 1 Preliminary matters 1 Short title This Act may be cited as the North East Gas Interconnector Pipeline (Special Provisions) Act 2015. 2 Definitions In this Act: Authority Certificate, see section 3 of the Northern Territory Aboriginal Sacred Sites Act 1989. custodian, see section 3 of the Northern Territory Aboriginal Sacred Sites Act 1989. Lands Minister means the Minister responsible for administering the Pastoral Land Act 1992. pastoral land, see section 3(1) of the Pastoral Land Act 1992. pastoral lease, see section 3(1) of the Pastoral Land Act 1992. Pipeline means the North East Gas Interconnector Pipeline, being the pipeline or proposed pipeline to connect the Northern Territory gas pipeline network to the Eastern States gas pipeline network as more fully described by regulation, and includes all associated infrastructure and equipment. Note for definition Pipeline In this definition, pipeline has the same meaning as in the Energy Pipelines Act 1981. -- 3 of 8 -- Part 1 Preliminary matters North East Gas Interconnector Pipeline (Special Provisions) Act 2015 2 Pipeline licensee means the licensee for the Pipeline under the Energy Pipelines Act 1981. project means the project for constructing and operating the Pipeline. project participant means a person responsible from time to time for the project or any part or aspect of the project and includes: (a) a subsidiary of a project participant that participates in the project; or (b) a contractor or other person acting on behalf a project participant. road, see section 5(1) of the Control of Roads Act 1953. Transport Minister means the Minister responsible for the administration of the Control of Roads Act 1953 (except Part IV). Water Minister means the Minister responsible for the administration of the Water Act 1992. waterway, see section 4(1) of the Water Act 1992. Note for section 2 The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act. 3 Act binds Crown This Act binds the Crown in right of the Territory and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities. 4 Application of Criminal Code Part IIAA of the Criminal Code applies to an offence against this Act. Note for section 4 Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences. -- 4 of 8 -- Part 3 Roads and waterways North East Gas Interconnector Pipeline (Special Provisions) Act 2015 3 Part 2 Priority of applications 5 Application by Pipeline licensee or project participant Each of the following entities must give priority to considering an application received by the entity from the Pipeline licensee or a project participant and related to the construction or operation of the Pipeline: (a) a Minister; (b) an Agency; (c) an officer of an Agency; (d) a statutory corporation; (e) a local government council. Part 3 Roads and waterways 6 Construction in road (1) The Pipeline licensee may, with the Transport Minister's written approval, construct and operate the Pipeline in such a way that it is wholly or partly in, under or across a road. (2) The conditions that apply to the approval are the conditions that the Transport Minister considers appropriate, including conditions that: (a) require the installation, maintenance and operation of safety devices; and (b) require the reconstruction and maintenance of the road in or above which the pipeline is constructed or operated. 7 Waterway crossing (1) The Pipeline licensee may construct and operate the Pipeline across a waterway if: (a) any requirements under a law of the Commonwealth that must be satisfied have been satisfied; and (b) the Water Minister has given written approval for the construction and operation of the Pipeline across the waterway. -- 5 of 8 -- Part 4 Sacred sites North East Gas Interconnector Pipeline (Special Provisions) Act 2015 4 (2) The following conditions apply to the approval: (a) unless the instrument of approval otherwise provides – a condition that a project participant must not: (i) prevent, restrict or interfere with the passage of vessels on the waterway; or (ii) divert or use water in the waterway; or (iii) obstruct the flow of water in the waterway; (b) any other conditions determined by the Water Minister that are: (i) stated in the instrument of approval; or (ii) notified to the Pipeline licensee by the Water Minister. 8 Compliance with conditions (1) The Pipeline licensee must ensure that the conditions that apply to an approval under this Part are complied with. (2) The Territory may take action to ensure compliance, or to remedy non-compliance, with subsection (1) and recover the costs of doing so from the Pipeline licensee. (3) The Supreme Court may, on application by the Minister or any other person with a proper interest: (a) grant an injunction (including a mandatory injunction) to enforce compliance with subsection (1); or (b) award damages against the Pipeline licensee for non-compliance with this section. Part 4 Sacred sites 9 Work or use of land in proximity to sacred sites (1) An Authority Certificate obtained on the application of a project participant (including one obtained before the commencement of this Act) operates in favour of another project participant who carries out work, or uses land, as contemplated in the certificate. (2) The other project participant is bound by: (a) the conditions of the certificate; and -- 6 of 8 -- Part 6 Miscellaneous matters North East Gas Interconnector Pipeline (Special Provisions) Act 2015 5 (b) if an agreement was reached between the custodians and the applicant – the terms and conditions of the agreement. Part 5 Easement in gross over pastoral land 10 Easement in gross over pastoral land (1) An easement in gross over pastoral land in favour of the Pipeline licensee, or a project participant nominated by the Pipeline licensee: (a) may be created by agreement between: (i) the Pipeline licensee or the nominated project participant; and (ii) the pastoral lessee; but (b) is not valid without the consent of the Lands Minister. (2) An easement in gross created under subsection (1) is taken to be an easement granted under the Law of Property Act 2000. (3) An easement in gross created under subsection (1) may be varied or extinguished only by agreement between the parties by which it was created (or their successors). Part 6 Miscellaneous matters 11 Relationship with Planning Act 1999 The creation of an interest in, or in respect of, land for purposes related to the construction or operation of the Pipeline, does not constitute a subdivision of land for the purposes of the Planning Act 1999. 12 Regulations The Administrator may make regulations under this Act. -- 7 of 8 -- ENDNOTES North East Gas Interconnector Pipeline (Special Provisions) Act 2015 6 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 North East Gas Interconnector Pipeline (Special Provisions) Act 2015 (Act No. 34, 2015) Assent date 10 December 2015 Commenced 10 December 2015 3 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 2, 10 and 11. -- 8 of 8 --