Pipelines Regulations 2000

i Pipelines Regulations 2000 S.R. No. 90/2000 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objectives 1 2. Authorising provision 1 3. Revocation 2 4. Definitions 2 PART 2—PERMITS TO OWN AND USE PIPELINES 3 5. Application for consent to enter land to make surveys or examinations 3 6. Production of written consent 4 7. Permit application 4 8. Terms and conditions of permit 4 9. Application for consolidation or replacement of permit 5 10. Application for variation of permit (other than variation of authorized route) 5 11. Additional notice of application 5 12. Notice of proposed grant of permit 5 13. Application for renewal of permit 5 14. Application for Minister's direction 6 PART 3—ACQUISITION OF RIGHTS OVER LAND 7 15. Application to compulsorily acquire an easement 7 PART 4—LICENCES TO CONSTRUCT AND OPERATE A PIPELINE 8 16. Licence application 8 17. Information required for renewal of licence 8 18. Application for variation of licence (other than variation of authorized route) 8 PART 5—CONSTRUCTION, OPERATION AND TESTING OF PIPELINES 9 -- 1 of 24 -- Regulation Page ii 19. Construction, operation and maintenance standards 9 20. Information required to obtain consent to operate 9 21. Pipeline operation fee 9 22. Escape or ignition of any thing conveyed in a pipeline 10 23. Incident reporting 11 24. Interference with incident site 11 25. Security of pipeline 12 __________________ SCHEDULES 13 SCHEDULE 1—Application for a permit to own and use a pipelines. 9 13 SCHEDULE 2—Application for consolidation/replacement of permit—s. 12A 15 SCHEDULE 3—Application for variation of pipeline permit—s. 12B(2) 16 SCHEDULE 4—Notice of application for pipeline permit—s. 12D 17 SCHEDULE 5—Application for the renewal of a permit to own and use a pipelines. 13 18 SCHEDULE 6—Application for pipeline licences. 26 19 SCHEDULE 7—Application for variation of pipeline licence—s. 28A(2) 20 ═══════════════ ENDNOTES 21 -- 2 of 24 -- 1 STATUTORY RULES 2000 S.R. No. 90/2000 Pipelines Act 1967 Pipelines Regulations 2000 The Governor in Council makes the following Regulations: Dated: 26 September 2000 Responsible Minister: CANDY BROAD Minister for Energy and Resources HELEN DOYE Clerk of the Executive Council PART 1—PRELIMINARY 1. Objectives The objectives of these Regulations are— (a) to prescribe various forms, fees and procedures authorised by the Pipelines Act 1967; and (b) to set out requirements relating to the construction, operation and testing of pipelines. 2. Authorising provision These Regulations are made under section 47 of the Pipelines Act 1967. -- 3 of 24 -- S.R. No. 90/2000 Pipelines Regulations 2000 2 3. Revocation The following regulations1 are revoked (a) the Pipelines (Fees) Regulations 19902 ; (b) the Pipelines (Fees) Regulations 19913 ; (c) the Pipelines (Fees) Regulations 19924 ; (d) the Pipelines (Fees) Regulations 19955 . 4. Definitions In these Regulations— "the Act" means the Pipelines Act 1967; "licence" means a licence issued under Part IV of the Act; "permit" means a permit granted under Part II of the Act. _______________ r. 3 -- 4 of 24 -- S.R. No. 90/2000 Pipelines Regulations 2000 3 PART 2—PERMITS TO OWN AND USE PIPELINES 5. Application for consent to enter land to make surveys or examinations An application for consent under section 8A of the Act must include the following particulars— (a) the name and address of the applicant; (b) if the application relates to land owned privately— (i) the name and address of the owner or occupier; and (ii) title details or particulars; (c) if the application relates to land owned by the Crown, the name of the controlling organisation; (d) details of the proposed survey or examination; (e) the intended use of the proposed pipeline; (f) the name and address of the person or organisation engaged to carry out the survey or examination of the route of the pipeline; (g) the steps previously taken to obtain permission to enter the land and any known reason for the failure to obtain permission; (h) a map drawn to a scale of not less than 1:25 000 showing— (i) the relevant portion of the intended route along which the survey or examination is proposed to be made; and r. 5 -- 5 of 24 -- S.R. No. 90/2000 Pipelines Regulations 2000 4 (ii) the location, allotment and section numbers and the parish and municipal names and the boundaries of lands relating to the proposed survey or examination. 6. Production of written consent (1) A person who has obtained the consent of the Minister under section 8A of the Act must produce the consent to the owner or occupier of the land before entering the land to conduct any survey or examination. (2) Sub-regulation (1) does not apply if the person was unable to produce the consent before entering the land because he or she was unable to contact the owner or occupier of the land after making reasonable attempts to do so. 7. Permit application (1) The form for the purposes of section 9 of the Act is set out in Schedule 1. (2) The scale of map for the purposes of section 10(1)(d) of the Act is the scale of 1:25 000. (3) The application fee for the purposes of section 10(1)(e) of the Act is $10 000. 8. Terms and conditions of permit A permit granted by the Minister under section 12(1) of the Act is subject to the following terms and conditions— (a) unless otherwise approved in writing by the Minister, the holder of the permit must commence construction of the pipeline within 12 months of the issue of the permit and complete construction within 3 years of the commencement of construction; r. 6 -- 6 of 24 -- S.R. No. 90/2000 Pipelines Regulations 2000 5 (b) the holder of the permit must, as soon as is practicable after the completion of the laying of the pipeline, lodge with the Minister 2 copies of a map showing the route of the pipeline and details of the land through which the pipeline is laid. 9. Application for consolidation or replacement of permit (1) The form for the purposes of section 12A(2) of the Act is set out in Schedule 2. (2) The scale of map for the purposes of section 12A(2)(c) of the Act is the scale of 1:25 000. 10. Application for variation of permit (other than variation of authorized route) The form for the purposes of section 12B of the Act is set out in Schedule 3. 11. Additional notice of application The form for the purposes of section 12D(2)(a) of the Act is set out in Schedule 4. 12. Notice of proposed grant of permit The prescribed particulars for the purposes of section 12G(1) of the Act are— (a) the proposed authorised route of the pipeline; and (b) details of any alterations from the proposed authorised route advertised in accordance with the Act; and (c) the thing to be conveyed through the pipeline. 13. Application for renewal of permit The form for the purposes of section 13(1) of the Act is set out in Schedule 5. r. 9 -- 7 of 24 -- S.R. No. 90/2000 Pipelines Regulations 2000 6 14. Application for Minister's direction The fee for the purposes of section 17(3) of the Act is $724. _______________ r. 14 -- 8 of 24 -- S.R. No. 90/2000 Pipelines Regulations 2000 7 PART 3—ACQUISITION OF RIGHTS OVER LAND 15. Application to compulsorily acquire an easement An application by a permittee for the written permission of the Minister under section 22 of the Act to compulsorily acquire an easement over private land must include (a) the name and address of the permittee; and (b) details of the permit, including (i) the permit number; and (ii) the things authorised to be conveyed through the pipeline; and (c) a description of the relevant private land, including (i) the name and address of the owner; and (ii) title details or particulars; and (iii) a plan drawn to a scale of not less than 1:25 000 showing the property boundary and the route of the pipeline across the property; and (d) details of attempts to negotiate a settlement with the owner of the land. _______________ r. 15 -- 9 of 24 -- S.R. No. 90/2000 Pipelines Regulations 2000 8 PART 4—LICENCES TO CONSTRUCT AND OPERATE A PIPELINE 16. Licence application (1) The form for the purposes of section 26(1) of the Act is set out in Schedule 6. (2) The scale of map for the purposes of section 26(2)(d) of the Act is the scale of 1:25 000. 17. Information required for renewal of licence For the purposes of section 27B(1) of the Act, the information to be provided to the Minister at each renewal under section 13 of the Act is (a) the expiry date of the current licence; and (b) details of any thing conveyed in the pipeline; and (c) the reasons for renewing the licence; and (d) the things proposed to be conveyed in the pipeline; and (e) details of any alterations to the pipeline route. 18. Application for variation of licence (other than variation of authorized route) The form for the purposes of section 28A of the Act is set out in Schedule 7. _______________ r. 16 -- 10 of 24 -- S.R. No. 90/2000 Pipelines Regulations 2000 9 PART 5—CONSTRUCTION, OPERATION AND TESTING OF PIPELINES 19. Construction, operation and maintenance standards For the purposes of sections 30(1) and 35(1C) of the Act, a pipeline must be constructed, operated and maintained in accordance with the following Australian Standards published by Standards Australia as amended from time to time (a) AS 2885.1—1997: Pipelines—Gas and liquid petroleum, Part 1: Design and Construction; (b) AS 2885.2—1995: Pipelines—Gas and liquid petroleum, Part 2: Welding; (c) AS 2885.3—1997: Pipelines—Gas and liquid petroleum, Part 3: Operation and maintenance. 20. Information required to obtain consent to operate A licensee who applies for consent to operate a pipeline under section 35 of the Act must submit to the Minister (a) the results of any pipeline tests and pressure and leak tests of the pipeline; and (b) any other information requested by the Minister in relation to the safe operation or the environmental impact of the pipeline. 21. Pipeline operation fee For the purposes of section 35(2) of the Act, the pipeline operation fee is $162 per kilometre or part of a kilometre of pipeline operated under the licence. r. 19 -- 11 of 24 -- S.R. No. 90/2000 Pipelines Regulations 2000 10 22. Escape or ignition of any thing conveyed in a pipeline (1) This regulation does not apply to a pipeline to which the Gas Safety Act 1997 applies. (2) A licensee, upon becoming aware of the escape or ignition of any thing being conveyed in a pipeline, must immediately— (a) take action to protect people and property; and (b) take or cause to be taken such action as is necessary to prevent or, if it is not practicable to prevent, minimise— (i) the ignition or escape of the thing in the pipeline; and (ii) the pollution of the surrounding lands and waters by the thing. (3) Sub-regulation (2) applies in addition to any action the licensee is required to take under section 38 of the Act. (4) The licensee must, as soon as possible and not later than 24 hours after the pipeline is repaired, submit a written report to the Minister giving full information regarding— (a) the time and place of the escape or ignition; and (b) the nature of and the approximate quantity of the thing which escaped; and (c) the damage resulting from the escape or ignition; and (d) the conditions that caused or contributed to the escape or ignition (if known); and (e) the methods adopted to carry out repairs. r. 22 -- 12 of 24 -- S.R. No. 90/2000 Pipelines Regulations 2000 11 23. Incident reporting (1) This regulation does not apply to a pipeline to which the Gas Safety Act 1997 applies. (2) A licensee must immediately report to the Minister any incident which arises out of any work concerned with the construction and operation of a pipeline if— (a) any person suffers a serious injury or is killed; or (b) there is substantial damage to or destruction of property or the environment. (3) The report must be in writing and provide all relevant details and information relating to the incident. (4) A licensee must— (a) keep a record of incidents which occur during the construction and operation of a pipeline; and (b) submit to the Minister copies of the incident records at intervals not exceeding one month. 24. Interference with incident site A person must not interfere with the place of an incident referred to in regulation 23 except as is necessary to provide— (a) immediate assistance to any person injured or to recover the body of any person killed as a result of the incident; or (b) for the immediate protection of property or the environment. r. 23 -- 13 of 24 -- S.R. No. 90/2000 Pipelines Regulations 2000 12 25. Security of pipeline (1) This regulation does not apply to a pipeline to which the Gas Safety Act 1997 applies. (2) For the purposes of establishing and maintaining the security and safe operation of the pipeline, the licensee must cause the pipeline to be patrolled on a regular basis. (3) The licensee must (a) keep a written report of each patrol; and (b) submit those reports to the Minister on request. __________________ r. 25 -- 14 of 24 -- S.R. No. 90/2000 Pipelines Regulations 2000 13 SCHEDULES SCHEDULE 1 Reg. 7 Pipelines Act 1967 Pipelines Regulations 2000 APPLICATION FOR A PERMIT TO OWN AND USE A PIPELINES. 9 To: Minister for Energy and Resources I apply for a permit to own and use a pipeline and submit the following particulars: 1. Name of applicant. 2. Business address of applicant. 3. Applicant's principal place of business. 4. Applicant's ACN number (if applicable). 5. Applicant's contact details including telephone number, facsimile number and email address. 6. Agent's contact details (if applicable). 7. Use to which proposed pipeline will be placed. 8. Anticipated date of commencement of construction. 9. Expected date of completion of construction. 10. Brief description of route of pipeline— to be accompanied by a map showing the proposed route of the pipeline, any significant landmarks and the Crown allotment number, drawn to a scale of not less than 1:25 000. The title details or particulars of land along the proposed route must be attached to this application. 11. Will the proposed pipeline be leased to, or used by, any other persons, organisation, company, etc.? If so, give full particulars, including purpose. 12. Brief description of proposed pipeline, e.g. length, pipe type and diameter, pumping stations, ancillary structure etc. Sch. 1 -- 15 of 24 -- S.R. No. 90/2000 Pipelines Regulations 2000 14 13. Details of any environmental impacts of the proposed pipeline and the proposed measures to eliminate or minimise those impacts. A fee of $ is enclosed. (Signature of applicant or company seal) (Designation or position in organisation) Date: ————————— Sch. 1 -- 16 of 24 -- S.R. No. 90/2000 Pipelines Regulations 2000 15 SCHEDULE 2 Reg. 9 Pipelines Act 1967 Pipelines Regulations 2000 APPLICATION FOR CONSOLIDATION/REPLACEMENT OF PERMIT—S. 12A To: Minister for Energy and Resources I, , apply under section 12A of the Pipelines Act 1967 for the *consolidation/*replacement of pipeline permit no. and submit the following particulars: 1. Address of applicant. 2. Telephone no. 3. Particulars of permits to be *consolidated/*replaced (1) Brief description of route of each pipeline (attach maps showing pipeline routes—scale not less than 1:25 000 and attach map showing proposed pipeline route for *consolidated/*replaced permits—scale not less than 1:25 000). (2) Current use of each pipeline. 4. Will an additional length of authorised route of the pipeline be required? If yes, provide details. 5. State reasons for *consolidation/*replacement of permit. (Signature of applicant/company seal) (Designation or position in organisation) Date: * Strike out whichever is inapplicable ————————— Sch. 2 -- 17 of 24 -- S.R. No. 90/2000 Pipelines Regulations 2000 16 SCHEDULE 3 Reg. 10 Pipelines Act 1967 Pipelines Regulations 2000 APPLICATION FOR VARIATION OF PIPELINE PERMIT— S. 12B(2) To: Minister for Energy and Resources I, , apply for a variation of pipeline permit no. issued to me. The *particulars of the proposed variation are: The reasons for the proposed variation are: (Signature of applicant/company seal) (Designation or position in organisation) Date: *A map showing the proposed variation is to be attached. ————————— Sch. 3 -- 18 of 24 -- S.R. No. 90/2000 Pipelines Regulations 2000 17 SCHEDULE 4 Reg. 11 Pipelines Act 1967 Pipelines Regulations 2000 NOTICE OF APPLICATION FOR PIPELINE PERMIT—S. 12D Take notice that of (name of person or company) (address) applied on for a permit to own and use a pipeline under the (date) Pipelines Act 1967. 1. The particulars of the proposed pipeline are: (Insert details of— (a) the use to which pipeline will be put; (b) the anticipated date of commencement/completion of construction). 2. The proposed authorised route of the pipeline is— All persons who may be affected by the grant of this application may send to the Minister for Energy and Resources on or before (date) submissions which they may wish to make with respect to the application. The submission may state that the person making the submission wishes to be heard with respect to that submission. The application and details relevant to it may be inspected at— (a) relevant offices of the Department of Natural Resources and Environment; (b) (insert business address of company/person applying for permit); (c) relevant Council or Municipal offices. ————————— Sch. 4 -- 19 of 24 -- S.R. No. 90/2000 Pipelines Regulations 2000 18 SCHEDULE 5 Regulation 13 Pipelines Act 1967 Pipelines Regulations 2000 APPLICATION FOR THE RENEWAL OF A PERMIT TO OWN AND USE A PIPELINES. 13 To: Minister for Energy and Resources I apply for the renewal of permit no. to own and use a pipeline and submit the following particulars: 1. Name of permittee. 2. Business address of permittee. 3. Current permit Date issued: Date expires: 4. Is the pipeline for which the current permit is issued still in use? 5. What is the pipeline carrying at present? 6. State reasons for requiring renewal of permit and what the pipeline will be used to carry. 7. Detail any alterations to the pipeline route. A plan of the pipeline as constructed and operating showing all route variations or amendments must be attached whether there are alterations to the pipeline route or not. 8. Period for which renewal of permit is required (in years or to a specified date). Note: Section 13(4) of the Act allows the Minister to determine the period for which the permit is renewed. (Signature of applicant/company seal) (Designation or position in organisation) Date: ————————— Sch. 5 -- 20 of 24 -- S.R. No. 90/2000 Pipelines Regulations 2000 19 SCHEDULE 6 Reg. 16 Pipelines Act 1967 Pipelines Regulations 2000 APPLICATION FOR PIPELINE LICENCES. 26 To: Minister for Energy and Resources I apply for a licence to construct and operate a pipeline and submit the following particulars: 1. Name of applicant. 2. Business address of applicant. 3. Things *authorised to be conveyed/*being conveyed through pipeline. 4. Brief description of authorised route of pipeline (including starting and finishing points). A plan drawn to a scale of not less than 1:25 000 showing all particulars required must be attached. 5. Number and date of issue of permit permit no. date issued (Signature of applicant/company seal) (Designation or position in organisation) Date: * Strike out whichever is inapplicable ————————— Sch. 6 -- 21 of 24 -- S.R. No. 90/2000 Pipelines Regulations 2000 20 SCHEDULE 7 Reg. 18 Pipelines Act 1967 Pipelines Regulations 2000 APPLICATION FOR VARIATION OF PIPELINE LICENCE— S. 28A(2) To: Minister for Energy and Resources I, , apply for a variation of pipeline licence no. issued to me. The *particulars of the proposed variation are: The reasons for the proposed variation are: (Signature of applicant/company seal) (Designation or position in organisation) Date: * A plan showing the proposed variation is to be attached. ═══════════════ Sch. 7 -- 22 of 24 -- S.R. No. 90/2000 Pipelines Regulations 2000 21 ENDNOTES 1 Reg. 3: The Pipelines Regulations 1988 (S.R. No. 243/1988) as extended by the Subordinate Legislation (Pipelines Regulations 1988Extension of Operation) Regulations 1999 (S.R. No. 67/1999) were revoked on 30 June 2000 by virtue of the operation of section 5 of the Subordinate Legislation Act 1994. 2 Reg. 3: S.R. No. 375/1990. 3 Reg. 3: S.R. No. 320/1991. 4 Reg. 3: S.R. No. 285/1992. 5 Reg. 3: S.R. No. 177/1995. —— Table of Applied, Adopted or Incorporated Matter Required by Subordinate Legislation Regulations 1994 Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 6 of the Subordinate Legislation Regulations 1994. Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 19 Australian Standard AS 2885.1—1997: Pipelines—Gas and liquid petroleum, Part 1: Design and construction. Published by Standards Australia on 5 May 1997 The whole document Regulation 19 Australian Standard AS 2885.2—1995: Pipelines—Gas and liquid petroleum, Part 2: Welding. Published by Standards Australia on 5 February 1995 The whole document Endnotes -- 23 of 24 -- S.R. No. 90/2000 Pipelines Regulations 2000 22 NOTES—continued Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 19 Australian Standard AS 2885.3—1997: Pipelines—Gas and liquid petroleum, Part 3: Operation and maintenance. Published by Standards Australia on 5 May 1997 The whole document -- 24 of 24 --