TRANS-TERRITORY PIPELINE AND BLACKTIP GAS PROJECTS (SPECIAL PROVISIONS) ACT 2005

NORTHERN TERRITORY OF AUSTRALIA TRANS-TERRITORY PIPELINE AND BLACKTIP GAS PROJECTS (SPECIAL PROVISIONS) ACT 2005 As in force at 6 May 2005 Table of provisions Part 1 Preliminary 1 Short title ......................................................................................... 1 2 Expiry .............................................................................................. 1 3 Act binds Crown .............................................................................. 1 4 Definitions ........................................................................................ 1 Part 2 Crossing or roads and waterways 5 Road crossing.................................................................................. 3 6 Waterway crossing .......................................................................... 3 Part 3 Application of Northern Territory Aboriginal Sacred Sites Act 7 Effect of Authority Certificate ........................................................... 4 Part 4 Application of Waste Management and Pollution Control Act 8 Application ....................................................................................... 5 ENDNOTES -- 1 of 8 -- -- 2 of 8 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 6 May 2005 ____________________ TRANS-TERRITORY PIPELINE AND BLACKTIP GAS PROJECTS (SPECIAL PROVISIONS) ACT 2005 An Act to make special provisions for the Trans-Territory Pipeline Project and the Blacktip Gas Project, and for related purposes Part 1 Preliminary 1 Short title This Act may be cited as the Trans-Territory Pipeline and Blacktip Gas Projects (Special Provisions) Act 2005. 2 Expiry (1) If the Minister administering this Act declares, by notice in the Gazette, that this Act ceases to operate on and after a specified date, being a date not earlier than the date of the notice, this Act expires on that date. (2) However, the Minister may not make such a declaration: (a) before 31 December 2005; or (b) after the construction work for a Project has commenced. 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 Definitions In this Act, unless the contrary intention appears: Blacktip Gas Project means the project for the construction and operation of all of the following facilities: (a) an offshore gas platform; (b) an onshore gas plant near Wadeye community; -- 3 of 8 -- Part 1 Preliminary Trans-Territory Pipeline and Blacktip Gas Projects (Special Provisions) Act 2005 2 (c) a pipeline from the gas platform to the onshore gas plant; (d) all the associated infrastructure for the project. consortium, in relation to a Project, means the person, or a group of persons, responsible for one or both of the following: (a) constructing the facilities of the Project; (b) operating any of those facilities after they have been constructed, and includes the following: (c) a member of the group; (d) the successors and assignees of the person, the group or a member of the group; (e) a contractor or any other person acting for or on behalf of the person, the group or a person mentioned in paragraph (c) or (d) in connection with constructing or operating the facilities of the Project. facilities means: (a) for the Blacktip Gas Project – the facilities mentioned in paragraphs (a), (b), (c) and (d) of the definition of Blacktip Gas Project; or (b) for the Trans-Territory Pipeline Project – the facilities mentioned in paragraphs (a) and (b) of the definition of Trans- Territory Pipeline Project. pipeline has the same meaning as in the Energy Pipelines Act 1981. Project means the Blacktip Gas Project or the Trans-Territory Pipeline Project. road has the same meaning as in the Control of Roads Act 1953. Trans-Territory Pipeline means a pipeline from Wadeye to Gove. Trans-Territory Pipeline Project means the project for the construction and operation of the following facilities: (a) the Trans-Territory Pipeline; (b) all the associated infrastructure for the project. -- 4 of 8 -- Part 2 Crossing or roads and waterways Trans-Territory Pipeline and Blacktip Gas Projects (Special Provisions) Act 2005 3 waterway has the same meaning as in the Water Act 1992. Part 2 Crossing or roads and waterways 5 Road crossing (1) Despite any other law of the Territory, the consortium for the Trans- Territory Pipeline Project may construct and operate the Trans- Territory Pipeline across a road. (2) However, the consortium may only do so: (a) with the written approval of the Minister administering the Control of Roads Act 1953 (except Part IV) (the Transport Minister); and (b) in accordance with any conditions specified in the approval. (3) For subsection (2)(b), the Transport Minister may specify any conditions that the Transport Minister considers appropriate, including any of the following: (a) the installation, operation and maintenance of safety devices for the crossing; (b) the construction, use and maintenance of the road at and on either side of the crossing. (4) If the consortium fails to comply with any of the conditions: (a) the Territory may take any action necessary to give effect to the condition; and (b) the reasonable costs and expenses incurred by the Territory in taking that action are recoverable as a debt due to the Territory from the consortium. 6 Waterway crossing (1) Despite any other law of the Territory, but subject to subsection (6), the consortium for the Trans-Territory Pipeline Project may construct and operate the Trans-Territory Pipeline across a waterway. (2) However, the consortium must not: (a) prevent, restrict or interfere with the passage of vessels on the waterway; (b) divert or use water in the waterway; or -- 5 of 8 -- Part 3 Application of Northern Territory Aboriginal Sacred Sites Act Trans-Territory Pipeline and Blacktip Gas Projects (Special Provisions) Act 2005 4 (c) obstruct the flow of water in the waterway. (3) Despite subsection (2), the consortium may do any of the things mentioned in subsection (2)(a), (b) or (c): (a) with the written approval of the Minister administering the Water Act 1992 (the Water Minister); and (b) in accordance with any conditions specified in the approval. (4) For subsection (3)(b), the Water Minister may specify any conditions that the Water Minister considers appropriate. (5) If the consortium fails to comply with any of the conditions: (a) the Territory may take any action necessary to give effect to the condition; and (b) the reasonable costs and expenses incurred by the Territory in taking that action are recoverable as a debt due to the Territory from the consortium. (6) This section has effect subject to any requirement under a law of the Commonwealth that must be satisfied before the Territory may grant the consortium a right in relation to crossing a waterway. Part 3 Application of Northern Territory Aboriginal Sacred Sites Act 7 Effect of Authority Certificate (1) This section has effect in relation to any Authority Certificate issued (whether before or after the commencement of this Act) under the Northern Territory Aboriginal Sacred Sites Act 1989 authorising any action to be taken for a Project. (2) The consortium for the Project may, subject to the conditions of the Authority Certificate, take the action as if the consortium were the applicant for that Authority Certificate (whether or not that is in fact the case). -- 6 of 8 -- Part 4 Application of Waste Management and Pollution Control Act Trans-Territory Pipeline and Blacktip Gas Projects (Special Provisions) Act 2005 5 Part 4 Application of Waste Management and Pollution Control Act 8 Application (1) The Waste Management and Pollution Control Act 1998 has effect as if the following had been inserted at the end of Schedule 2, Part 1 to that Act: 4. Constructing an onshore gas plant as part of the Blacktip Gas Project within the meaning of the Trans-Territory Pipeline and Blacktip Gas Projects (Special Provisions) Act 2005. (2) The Waste Management and Pollution Control Act 1998 has effect as if the following had been inserted at the end of Schedule 2, Part 2 to that Act: 6. Operating an onshore gas plant as part of the Blacktip Gas Project within the meaning of the Trans-Territory Pipeline and Blacktip Gas Projects (Special Provisions) Act 2005. -- 7 of 8 -- ENDNOTES Trans-Territory Pipeline and Blacktip Gas Projects (Special Provisions) Act 2005 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 Trans-Territory Pipeline and Blacktip Gas Projects (Special Provisions) Act 2005 (Act No. 23, 2005) Assent date 6 May 2005 Commenced 6 May 2005 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 4, 5, 6, 7 and 8. -- 8 of 8 --