{"id":"bonaparte-gas-pipeline-special-provisions-act-2007","name":"Bonaparte Gas Pipeline (Special Provisions) Act 2007","slug":"bonaparte-gas-pipeline-special-provisions-act-2007","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29875,"registerId":"nt-bonaparte-gas-pipeline-special-provisions-act-2007-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Bonaparte Gas Pipeline (Special Provisions) Act 2007","content":"NORTHERN TERRITORY OF AUSTRALIA\nBONAPARTE GAS PIPELINE (SPECIAL PROVISIONS) ACT 2007\nAs in force at 7 November 2011\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Act binds Crown .............................................................................. 2\nPart 2 Roads and waterways\n5 Road crossing.................................................................................. 2\n6 Waterway crossing .......................................................................... 3\n7 Compliance with conditions of crossing ........................................... 3\nPart 3 Sacred sites\n8 Work or use of land in proximity to sacred sites .............................. 4\nPart 4 Easement in gross over pastoral land\n9 Easement in gross over pastoral land ............................................. 4\nPart 5 Extractive minerals\n10 Special provisions for grant of extractive mineral lease or\npermit .............................................................................................. 5\nPart 6 Miscellaneous\n11 Non-application of Planning Act 1999 .............................................. 6\n12 Regulations...................................................................................... 6\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 7 November 2011\n____________________\nBONAPARTE GAS PIPELINE (SPECIAL PROVISIONS) ACT 2007\nAn Act to make special provision for the Bonaparte Gas Pipeline Project\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Bonaparte Gas Pipeline (Special\nProvisions) Act 2007.\n2 Commencement\nThis Act commences on the date fixed by the Administrator by\nGazette notice.\n3 Definitions\ncustodian, see the Northern Territory Aboriginal Sacred Sites\nAct 1989.\nLands Minister means the Minister responsible for administering\nthe Pastoral Land Act 1992.\npastoral land, see the Pastoral Land Act 1992.\npastoral lease, see the Pastoral Land Act 1992.\nPipeline means the Bonaparte Gas Pipeline i.e. the pipeline (or\nproposed pipeline) between Wadeye and the Amadeus to Darwin\nGas Pipeline and includes all associated infrastructure and\nequipment.\nNote\nIn the above definition, pipeline has the same meaning as in the Energy Pipelines\nAct 1981.\nPipeline licensee means the licensee for the Pipeline under the\nEnergy Pipelines Act 1981.\nProject means the project for constructing and operating the\nPipeline.\n\nPart 2 Roads and waterways\nBonaparte Gas Pipeline (Special Provisions) Act 2007 2\nproject participant means a person or persons for the time being\nresponsible for the Project or any part or aspect of the Project and\nincludes:\n(a) a subsidiary of a project participant that participates in the\nProject; or\n(b) a contractor or other person acting on behalf a project\nparticipant.\nroad, see the Control of Roads Act 1953.\nsacred sites certificate means a certificate granted under\nsection 22 of the Northern Territory Aboriginal Sacred Sites\nAct 1989 (described in that Act as an Authority Certificate).\nTransport Minister means the Minister responsible for the\nadministration of the Control of Roads Act 1953 (except Part IV).\nWater Minister means the Minister responsible for the\nadministration of the Water Act 1992.\nwaterway, see the Water Act 1992.\n4 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\nPart 2 Roads and waterways\n5 Road crossing\n(1) The Pipeline licensee may, with the Transport Minister's written\napproval, construct and operate the Pipeline across a road.\n(2) The approval may be given on conditions the Transport Minister\nconsiders appropriate.\n(3) The conditions may (for example):\n(a) require the installation, maintenance and operation of safety\ndevices; and\n(b) require the re-construction and maintenance of the road above\nand to either side of the crossing.\n\nPart 2 Roads and waterways\nBonaparte Gas Pipeline (Special Provisions) Act 2007 3\n6 Waterway crossing\n(1) The Pipeline licensee may, with the Water Minister's written\napproval, construct and operate the Pipeline across a waterway.\n(2) The approval is subject to the following conditions:\n(a) a condition that, except as allowed by the conditions of the\napproval, a project participant must not:\n(i) prevent, restrict or interfere with the passage of vessels\non the waterway; or\n(ii) divert or use water in the waterway; or\n(iii) obstruct the flow of water in the waterway;\n(b) further conditions, determined by the Water Minister, and\nstated in the instrument of approval or notified to the Pipeline\nlicensee by the Water Minister.\n(3) This section operates subject to any requirement under a law of the\nCommonwealth that must be satisfied before the Territory may\ngrant rights that it confers.\n7 Compliance with conditions of crossing\n(1) The Pipeline licensee must ensure that the conditions of an\napproval under this Part are complied with.\n(2) The Territory may take action to ensure compliance, or to remedy\nnon-compliance, with this section and recover the costs of doing so\nfrom the Pipeline licensee.\n(3) The Supreme Court may, on application by the Minister or any\nother person with a proper interest:\n(a) grant an injunction (including a mandatory injunction) to\nenforce compliance with this section; or\n(b) award damages against the Pipeline licensee for\nnon-compliance with this section.\n\nPart 4 Easement in gross over pastoral land\nBonaparte Gas Pipeline (Special Provisions) Act 2007 4\nPart 3 Sacred sites\n8 Work or use of land in proximity to sacred sites\n(1) A sacred sites certificate obtained on the application of a project\nparticipant (including one obtained before the commencement of\nthis Act) operates in favour of another project participant who\ncarries out work, or uses land, as contemplated in the certificate.\n(2) The other project participant is bound by:\n(a) the conditions of the certificate; and\n(b) if an agreement was reached between the custodians and the\napplicant – the terms and conditions of the agreement.\nPart 4 Easement in gross over pastoral land\n9 Easement in gross over pastoral land\n(1) An easement in gross over pastoral land may be created in favour\nof the Pipeline licensee, or a project participant nominated by the\nPipeline licensee, by agreement.\n(2) The agreement:\n(a) is to be made between:\n(i) the Pipeline licensee or the nominated project\nparticipant; and\n(ii) the pastoral lessee; and\n(b) requires the consent of the Lands Minister.\n(3) An easement in gross created under this section is taken to be an\neasement granted under the Law of Property Act 2000.\n(4) An easement in gross created under this section may only be\nvaried or extinguished by agreement between the parties by which\nit was created (or their successors).\n\nPart 5 Extractive minerals\nBonaparte Gas Pipeline (Special Provisions) Act 2007 5\nPart 5 Extractive minerals\n10 Special provisions for grant of extractive mineral lease or\npermit\n(1) The Minister may, if satisfied that the relevant consents have been\nobtained, grant an extractive mineral lease or an extractive mineral\npermit under Part 4 of the Mineral Titles Act 2010 to a project\nparticipant.\n(2) The relevant consents are:\n(a) the consents of the owner and the occupier of the land in\nrelation to which the lease or permit is sought; and\n(b) any consent required under the Native Title Act 1993 (Cth) or,\nif the land is Aboriginal land, the Aboriginal Land Rights\n(Northern Territory) Act 1976 (Cth); and\n(c) if the land is subject to a mineral interest – the consent of the\nholder of the mineral interest.\n(3) The extractive mineral lease or extractive mineral permit must be\nconsistent with the terms and conditions of the relevant consents.\n(4) The following provisions of the Mineral Titles Act 2010 do not apply\nto an application for an extractive mineral lease or an extractive\nmineral permit to which this section applies:\n(a) the provisions requiring notification of, and allowing for\nobjections against, the application;\n(d) any other provisions excluded by regulation.\n(5) This section does not prevent a project participant from applying\nfor, or the Minister responsible for the administration of the Mineral\nTitles Act 2010 from granting to a project participant, an extractive\nmineral lease or an extractive mineral permit apart from this\nsection.\n(6) In this section:\nmineral interest means one of the following:\n(a) a mineral title mentioned in section 11(1) of the Mineral Titles\nAct 2010;\n(b) a non-compliant existing interest as defined in section 204(1)\nof the Mineral Titles Act 2010.\n\nPart 6 Miscellaneous\nBonaparte Gas Pipeline (Special Provisions) Act 2007 6\nPart 6 Miscellaneous\n11 Non-application of Planning Act 1999\nThe creation of an interest in, or in respect of, land for purposes\nrelated to the construction or operation of the Pipeline, does not\nconstitute a subdivision of land for the purposes of the Planning\nAct 1999.\n12 Regulations\nThe Administrator may make regulations under this Act.\n\nENDNOTES\nBonaparte Gas Pipeline (Special Provisions) Act 2007 7\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nBonaparte Gas Pipeline (Special Provisions) Act 2007 (Act No. 35, 2007)\nAssent date 12 December 2007\nCommenced 9 January 2008 (Gaz G1, 9 January 2008, p 12)\nMineral Titles (Consequential Amendments) Act 2010 (Act No. 37, 2010)\nAssent date 18 November 2010\nCommenced 7 November 2011 (Gaz G41, 12 October 2011, p 5)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 9, 10 and 11\n4 LIST OF AMENDMENTS\ns 10 amd No. 37, 2010, s 4","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains narrowly targeted to facilitate the Bonaparte Gas Pipeline by creating specific approval pathways, easement arrangements and limited procedural exceptions for extractive mineral permits. Amendments recorded in the reprint (notably the 2010 amendment to s 10 and formal updates) adjust references and the mechanics of how extractive mineral provisions operate under the updated Mineral Titles framework, but do not materially broaden the Act beyond its original pipeline‑specific purpose. The principal substantive effect—streamlining certain processes for project participants while preserving consent requirements (owner/occupier and native title/Aboriginal land consents)—is consistent with the Act’s original intent rather than an enlargement of scope."},"complexity_factors":["Short, single‑purpose Act (12 substantive sections) but heavy cross‑referencing to at least 10 other statutes (Energy Pipelines Act 1981; Control of Roads Act 1953; Water Act 1992; Northern Territory Aboriginal Sacred Sites Act 1989; Pastoral Land Act 1992; Law of Property Act 2000; Mineral Titles Act 2010; Native Title Act 1993 (Cth); Aboriginal Land Rights (NT) Act 1976 (Cth); Planning Act 1999).","Several ministerial discretions and approvals with condition‑making power (Transport, Water, Lands Ministers) create administrative complexity (ss 5–6, 9).","Enforceability options include administrative remediation with cost recovery and civil remedies (injunctions, damages) through the Supreme Court (s 7).","Targeted exceptions to other statutory procedures (notably exclusion of notification/objection provisions in the Mineral Titles Act) create conditional logic and carve‑outs (s 10(4)).","Property‑law interaction: an easement in gross is declared to be an easement under the Law of Property Act and has a constrained variation/extinguishment rule (s 9), producing interaction between contract, property and statutory consent requirements.","Defined terms (pipeline, pipeline licensee, project participant, pastoral land/lease, sacred sites certificate, various Ministers) create interdependencies across sections (s 3).","Amendment history (s 10 amended in 2010; formal amendments 2018) requires attention to updated cross‑references for correct operation."],"plain_english_summary":"**What this law does (mechanics)\n\n- Gives special, pipeline‑specific powers and exceptions to enable construction and operation of the Bonaparte Gas Pipeline (the Pipeline). (Long title and definitions, s 3)\n- Allows the Pipeline licensee, with written ministerial approvals, to cross Territory roads and waterways and to establish related infrastructure. The Transport Minister must approve road crossings and may attach conditions (s 5). The Water Minister must approve waterway crossings and the approval includes mandatory conditions protecting vessel passage, water use and flow, plus any further Water Minister conditions (s 6).\n- Imposes an obligation on the Pipeline licensee to comply with those crossing conditions; the Territory can itself take action to remedy non‑compliance and recover costs from the licensee; the Supreme Court can grant injunctions and award damages for breaches. (s 7)\n- Makes a sacred‑sites certificate (issued under the Northern Territory Aboriginal Sacred Sites Act 1989) obtained by one project participant operate in favour of other project participants who carry out work envisaged in the certificate; those other participants are bound by the certificate conditions and any agreement terms with custodians. (s 8)\n- Allows an easement in gross (a right over land granted to a specified person rather than to the owner of other land) to be created by agreement over pastoral land for the Pipeline in favour of the licensee or a nominated project participant, with the Lands Minister’s consent; such easements are treated as easements under the Law of Property Act and can only be varied or extinguished by agreement of the original parties (s 9).\n- Permits the Territory Minister to grant extractive mineral leases or permits to project participants if specified consents are obtained (owner/occupier, native title/Aboriginal land consents where required, and holder of existing mineral interest); those grants must be consistent with the consents. Certain parts of the Mineral Titles Act (including notification and objection procedures) do not apply to such applications, and other Mineral Titles provisions may be excluded by regulation. (s 10)\n- Clarifies that creating land interests for the Pipeline does not constitute a subdivision for Planning Act purposes, and allows the Administrator to make regulations under the Act. (ss 11–12)\n- The Act binds the Crown. (s 4)\n\n\nWho this affects\n\n- The Pipeline licensee and any project participants (contractors, subsidiaries or persons acting on their behalf) — they obtain special approvals and bear compliance obligations (defs; ss 5–7, 8, 9, 10).\n- Ministers and Territory agencies — Transport, Water and Lands Ministers exercise approval and consent powers and can set conditions (ss 5–6, 9).\n- Pastoral lessees on whose land easements may be taken by agreement (s 9).\n- Custodians of sacred sites and applicants for sacred‑sites certificates — certificates obtained by project participants bind other participants who act within the certificate’s scope (s 8).\n- Owners/occupiers, native title holders or claimants and holders of existing mineral interests where extractive mineral rights are sought; some statutory notification/objection rights can be bypassed for pipeline‑related extractive permits (s 10).\n- The Territory fiscally, because it can act to remedy non‑compliance and recover costs (s 7).\n\n\nWhy it matters / stated purpose and how that works in practice\n\n- The Act’s stated or evident purpose is to remove procedural and practical obstacles to building and operating the Bonaparte Gas Pipeline by: (a) providing express statutory authority to cross Territory roads and waterways with ministerial conditions (ss 5–6); (b) making sacred‑sites certificates portable among project participants (s 8); (c) enabling commercial easements over pastoral land by agreement with ministerial consent (s 9); and (d) streamlining certain grant processes for extractive mineral permits/leases for project participants by removing some notification/objection steps (s 10).\n\nTesting those purpose claims against implementation trade‑offs and incentives\n\n- Who pays: The Pipeline licensee (and nominated project participants) bear the primary obligations to comply with crossing conditions and to meet requirements attached to easements and sacred‑sites certificates (ss 5–9). If the licensee defaults, the Territory can remediate and recover costs (s 7), which creates a clear financial incentive for the licensee to comply.\n- Who decides and bureaucratic discretion: Key permissions rest with Ministers (Transport, Water, Lands) who can attach conditions; the Water Minister’s approval contains mandatory baseline conditions protecting vessel passage and water flow (s 6). That concentrates discretionary power in executive decision‑makers and allows policy flexibility via conditions and regulations (s 12).\n- Compliance burden and enforcement risk: The licensee faces enforceable obligations with civil enforcement options (injunctions, damages, cost recovery) (s 7). These are standard compliance mechanisms but introduce potential litigation exposure for non‑compliance.\n- Effects on private choice and contract freedom: Easements over pastoral land are negotiable by agreement between the licensee (or nominated participant) and the pastoral lessee with Lands Minister consent (s 9). Parties retain contractual freedom to create or vary easements (though s 9(4) requires variation/extinguishment only by agreement of the original parties or successors), but the Ministerial consent requirement adds a public‑law check.\n- Effects on third‑party participation and public input: The Act explicitly allows the Minister to grant extractive mineral leases or permits to project participants while excluding the usual notification and objection procedures in the Mineral Titles Act (s 10(4)). Mechanically, this reduces procedural opportunities for public or third‑party objections in those specific cases; the Act still requires owner/occupier and native title/Aboriginal land consents where applicable (s 10(2)).\n- Concentrated benefits vs diffuse costs: The Act concentrates procedural advantages and risk reduction on the Pipeline licensee and nominated project participants (benefit concentrated). Potential costs (e.g. reduced public procedure for extractive permits, environmental or cultural impacts managed through conditions) are diffuse and mediated through ministerial approvals, certificates and agreements.\n- Substitution and unintended effects: By removing some notification/objection steps for extractive permits and allowing project participants to rely on a single sacred‑sites certificate, the Act reduces administrative friction for the project. That can speed construction but may compress consultation time or reduce public scrutiny, depending on how Ministers and custodians exercise their roles. The Act does not itself create compulsory land acquisition powers; easements over pastoral land require agreement and Lands Minister consent (s 9).\n- Implementation risk and opportunity cost: The scheme relies on ministerial decision‑making, inter‑agency coordination (Transport, Water, Lands), and the availability of required consents (owner/occupier, native title/Aboriginal land, holders of mineral interests). Delays or disputes in obtaining those consents (or in negotiating easements) remain potential bottlenecks despite the Act’s streamlining measures. The Territory bears potential remediation costs if it must act under s 7 and then seek recovery.\n\n\nPractical summary (who pays, who decides, what changes)\n\n- Who pays: primary cost and compliance obligations fall on the Pipeline licensee/project participants; the Territory may incur remediation costs recoverable from the licensee (s 7).\n- Who decides: Transport, Water and Lands Ministers have approval/consent powers and can attach conditions; the Administrator may make regulations (ss 5–6, 9, 12).\n- What behaviour changes: project participants gain a clearer statutory pathway to cross roads and waterways, to rely on sacred‑sites certificates across participants, to create easements over pastoral land by agreement, and to obtain certain extractive mineral rights with a reduced statutory notification/objection process (ss 5–10)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the Bonaparte Gas Pipeline Project. All provisions relate specifically to this single infrastructure project, with no expansion into unrelated areas. The 2010 amendment updating the mineral titles reference (from the repealed Mining Act to the Mineral Titles Act 2010) was a technical update maintaining the original scope rather than expanding it."},"complexity_factors":["Short length: Only 12 sections across 6 Parts","Minimal defined terms: Only 11 defined terms in section 3, mostly referencing external statutes","Simple conditional structure: Most provisions use straightforward 'may with approval' or 'must' language","Limited cross-referencing: References to external Acts (Pastoral Land Act, Energy Pipelines Act, etc.) are clear and functional","No nested exceptions: No complex layering of exceptions to exceptions","Single purpose legislation: Focused entirely on one specific project, avoiding scope creep","Straightforward enforcement: Section 7 provides simple compliance mechanisms (cost recovery, injunctions, damages)"],"plain_english_summary":"**What this law does:**\n\nThis Act creates special rules to help build and operate the Bonaparte Gas Pipeline—a pipeline running from Wadeye to the Amadeus-to-Darwin Gas Pipeline in the Northern Territory. It gives the pipeline company specific powers and shortcuts through normal approval processes.\n\n**Who it affects:**\n\n- **The Pipeline licensee** (the company licensed to build and run the pipeline)\n- **Project participants** (contractors, subsidiaries, and anyone else working on the project)\n- **Landholders** including pastoral leaseholders (people leasing land for cattle grazing)\n- **Traditional Owners** and custodians of sacred sites\n- **Northern Territory Ministers** who must give various approvals\n\n**Key things the law allows:**\n\n- **Crossing roads and waterways** (Parts 2): The pipeline company can build across public roads and waterways with Ministerial approval, bypassing some usual requirements.\n\n- **Protection for sacred sites** (Part 3): If one project participant gets official permission (a \"sacred sites certificate\") to work near Aboriginal sacred sites, that permission also covers other contractors working on the same project.\n\n- **Easements over pastoral land** (Part 4): The pipeline company can negotiate agreements with pastoral leaseholders to run pipes across their land—treated as formal property rights under property law.\n\n- **Fast-tracked mining permits** (Part 5): Project participants can get permits to extract materials (like gravel for construction) without the usual public notification and objection processes that normally apply under mining law.\n\n- **Planning exemptions** (Part 6): Creating land interests for the pipeline doesn't trigger subdivision rules under planning laws.\n\n**Why it matters:**\n\nThis is a \"facilitating statute\"—it streamlines approvals for a specific major infrastructure project. It balances economic development against environmental and cultural protections by maintaining Ministerial oversight while removing bureaucratic hurdles. However, it gives the pipeline project advantages not available to other developments, such as skipping public objections for extractive minerals permits."}},"importantCases":[],"_links":{"self":"/api/acts/bonaparte-gas-pipeline-special-provisions-act-2007","history":"/api/acts/bonaparte-gas-pipeline-special-provisions-act-2007/history","analysis":"/api/acts/bonaparte-gas-pipeline-special-provisions-act-2007/analysis","conflicts":"/api/acts/bonaparte-gas-pipeline-special-provisions-act-2007/conflicts","importantCases":"/api/acts/bonaparte-gas-pipeline-special-provisions-act-2007/important-cases","documents":"/api/acts/bonaparte-gas-pipeline-special-provisions-act-2007/documents"}}