{"id":"energy-pipelines-act-1981","name":"Energy Pipelines Act 1981","slug":"energy-pipelines-act-1981","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30057,"registerId":"nt-energy-pipelines-act-1981-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Energy Pipelines Act 1981.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"3 Interpretation\n(1) In this Act, unless the contrary intention appears:\naffected land or waters:\n(a) means land or waters comprised in, or proposed to be\ncomprised in, a permit or licence; and\n(b) in relation to a licence, includes the corridor described in\nsection 66.\napparatus or works means:\n(a) structures for protecting or supporting a pipeline; or\n(b) storage tanks, loading terminals and works and buildings used\nor to be used for purposes connected with or incidental to the\noperation of a pipeline,\nand fixed equipment or machinery used or to be used for purposes\nconnected with or incidental to the operation or use thereof.\n\nEnergy Pipelines Act 1981 2\nCrown lands means all lands of the Territory, including:\n(a) the bed of the sea within the limits of the Territory;\n(b) an estate in fee simple held by the Territory; and\n(c) reserved or dedicated land,\nbut does not include land the subject of an incomplete purchase.\nenergy-producing hydro-carbon means a naturally occurring or\nrefined hydro-carbon or mixture of hydro-carbons, whether in a\nliquid, solid or gaseous state, or such a hydro-carbon or mixture of\nhydro-carbons mixed with such other substances as may be\npresent.\nincomplete purchase, in relation to land, means a conditional\npurchase or a purchase by auction or otherwise of the fee simple\nfrom the Crown under the Crown Lands Act 1992 in respect of\nwhich any of the purchase money remains unpaid.\ninspector means a person appointed as an inspector under\nsection 63.\nland means:\n(a) land held for an estate in fee simple other than land referred\nto in paragraph (b) or (d);\n(b) Crown land;\n(c) land the subject of an incomplete purchase;\n(d) a perpetual lease under the Crown Lands Act 1992 or a\nperpetual pastoral lease under the Pastoral Land Act 1992;\n(e) land, not being Crown land, owned by or vested in a person\non behalf of the Crown or a public authority; and\n(f) land or waters in respect of which there are native title rights\nand interests.\nlicence means a licence granted under Part III or section 43.\nlicence area, in relation to a licence, means the land specified in\nthe licence as being the licence area.\nlicensee means the registered holder of a licence.\nnative title and native title rights and interests have the meaning\ngiven in section 223 of the Native Title Act.\n\nEnergy Pipelines Act 1981 3\nNative Title Act means the Native Title Act 1993 of the\nCommonwealth.\nnative title holder has the meaning given in section 224 of the\nNative Title Act.\nowner:\n(a) in relation to land, other than Crown land or land owned by or\nvested in a person on behalf of the Crown or a public authority\nrepresenting the Crown, includes every person who jointly or\nseverally, whether at law or in equity:\n(i) is entitled to the land for an estate in fee simple;\n(ii) is the purchaser under an incomplete purchase, the\nholder of a perpetual lease under the Crown Lands\nAct 1992 or a perpetual pastoral lease under the\nPastoral Land Act 1992 or a person (not being the\npurchaser under an incomplete purchase) to whom a\nperson on behalf of the Crown, or a public authority, has\nlawfully contracted to convey or transfer the fee simple;\nor\n(iii) is entitled to receive, or is in receipt of, or if the land\nwere let to a tenant would be entitled to receive, the\nrents and profits thereof, whether as beneficial owner,\ntrustee, mortgagee in possession, or otherwise;\n(b) in relation to Crown land and land (not being land specified in\na contract referred to in paragraph (a)(ii)) owned by or vested\nin a person on behalf of the Crown, means the Crown or that\nperson; and\n(c) in relation to land (not being land specified in a contract\nreferred to in paragraph (a)(ii)) owned by or vested in a public\nauthority, means that public authority.\npartly cancelled, in relation to a licence, means cancelled as to\npart of the pipeline or some of the apparatus or works the subject\nof the licence.\npermit means a permit granted under Part II.\npermittee means the registered holder of a permit.\npipeline means a pipe or system of pipes that has or have a\nmaximum allowable operating pressure greater than\n1050 kilopascals or a hoop stress (being a circumferential stress\narising from internal pressure) that is, at one or more positions,\n\nEnergy Pipelines Act 1981 4\ngreater than 20% of the specified minimum yield stress specified in\nthe manufacturing standard with which the pipe complies and that\nare used or intended to be used for the conveyance of an energy-\nproducing hydro-carbon, and includes:\n(a) all structures for protecting or supporting a pipeline; and\n(b) all loading terminals, works and buildings and all fittings,\npumps, tanks, appurtenances and appliances,\nused in connection with a pipeline, but does not include:\n(c) a pipeline as defined in the Petroleum (Submerged Lands)\nAct 1981;\n(e) a pipeline constructed or to be constructed on land used for\nresidential, business, agricultural, commercial or industrial\npurposes, designed for use solely for the residential,\nbusiness, agricultural, commercial or industrial purposes\ncarried on that land and situated wholly within the boundaries\nof that land; or\n(f) a pipeline or a pipeline of a class declared under section 4(2)\nto be a pipeline in respect of which a licence is not required.\npublic authority means:\n(a) a minister acting in his official capacity under an Act; or\n(b) a statutory corporation; or\n(c) a local government council.\nregister means the register kept under section 44.\nregistered holder, in relation to a licence, means the person\nwhose name is, for the time being, shown in the register as being\nthe holder of the licence.\nregistered native title body corporate has the meaning given in\nsection 253 of the Native Title Act.\nregistered native title claimant has the meaning given in\nsection 253 of the Native Title Act or, if the claimant is replaced\nunder section 66B of that Act, means the person who replaced the\nclaimant.\n\nEnergy Pipelines Act 1981 5\nregistered native title rights and interests means:\n(a) in relation to a registered native title claimant – the native title\nrights and interests of the claimant described in the relevant\nentry on the Register of Native Title Claims established and\nmaintained in accordance with Part 7 of the Native Title Act;\nand\n(b) in relation to a registered native title body corporate – the\nnative title rights and interests of the body corporate described\nin the relevant entry on the National Native Title Register\nestablished and maintained under Part 8 of the Native Title\nAct.\nRegistrar means the person for the time being appointed as\nRegistrar for the purposes of the Petroleum Act 1984.\nrelinquished area, in relation to a licence:\n(a) that has expired or been wholly cancelled – means the licence\narea; and\n(b) that has been partly cancelled – means that part of the licence\narea on which is situated the part of the pipeline in respect of\nwhich the licence was partly cancelled.\nrepresentative Aboriginal/Torres Strait Islander body has the\nmeaning given in section 253 of the Native Title Act.\nTribunal means Civil and Administrative Tribunal.\nwholly cancelled, in relation to a licence, means cancelled as to\nthe whole of the pipeline the subject of the licence.\n(2) In this Act, a reference to:\n(a) a pipeline on land, includes a reference to a pipeline in, under,\nthrough, across or above the surface of the land;\n(b) a pipeline, includes a reference to part of a pipeline;\n(c) a licence, includes a reference to a licence as varied under\nthis Act; and\n(d) the term of a licence includes a reference to the period the\nlicence is in force.\n\nEnergy Pipelines Act 1981 6\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Application etc.","content":"4 Application etc.\n(1) Nothing in this Act requires a person to hold a licence in respect of:\n(a) a pipeline constructed or to be constructed under an Act,\nother than this Act;\n(b) subject to section 15A(5), a pipeline constructed and in\noperation before 11 August 1982;\n(c) a pipeline constructed or to be constructed on land used for\nresidential, business, agricultural, commercial or industrial\npurposes, designed for use solely for the residential,\nbusiness, agricultural, commercial or industrial purposes\ncarried on on that land and situated wholly within the\nboundaries of that land;\n(d) a pipeline of a class specified for the purpose of this\nparagraph by the Minister by notice in the Gazette,\nconstructed or to be constructed for the conveyance of\ndangerous goods within the meaning of the Dangerous Goods\nAct 1998; or\n(e) a pipeline constructed or to be constructed:\n(i) for the conveyance of an energy-producing hydro-\ncarbon from a well-head to a tank or a separator or for\nthe collection of an energy-producing hydro-carbon\nwithin the area in which it is produced or recovered;\n(ii) for returning an energy-producing hydro-carbon to a\nnatural reservoir;\n(iii) for conveying an energy-producing hydro-carbon for use\nfor the purposes of exploration operations or operations\nfor the recovery of an energy-producing hydro-carbon; or\n(iv) for conveying an energy-producing hydro-carbon that is\nto be flared or vented,\nbut nothing in this section prevents a person from making an\napplication under this Act in respect of such a pipeline or from\nbeing granted and holding a permit or licence in respect of the\nconstruction or operation of such a pipeline.\n(1A) Subject to subsection (1B), the Dangerous Goods Act 1998 does\nnot apply to or in relation to a pipeline in respect of which a licence\nunder this Act is in force or to a substance conveyed by such a\npipeline while it is being so conveyed.\n\nEnergy Pipelines Act 1981 7\n(1B) Nothing in subsection (1A) exempts a person from the need to\ncomply with the Dangerous Goods Act 1998 in relation to the\nstorage, conveyance or use of dangerous goods, within the\nmeaning of that Act, in or in connection with the construction,\nmaintenance or repair of a pipeline referred to in that subsection.\n(2) The Minister may, by notice in the Gazette, declared a pipeline, or a\npipeline of a class, specified in the notice, to be a pipeline or\npipelines in respect of which a licence is not required.\n(3) This Act applies to and in relation to Aboriginal land, within the\nmeaning of the Aboriginal Land Rights (Northern Territory)\nAct 1976 of the Commonwealth, to the extent that it is capable of\nso applying.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Application for permit","content":"5 Application for permit\n(1) Where a person desires to construct a pipeline, he may apply to\nthe Minister for a permit to enter land for the purpose of\ndetermining the route of the proposed pipeline, the situation of\nproposed apparatus or works and the land, if any, to be used for\nthe purpose of gaining access to the proposed pipeline and\nproposed apparatus or works.\n(2) An application under subsection (1):\n(b) shall identify the points of commencement and termination of\nthe pipeline and specify, by reference to its title number, the\nland which the applicant wishes to enter upon;\n(c) shall be accompanied by the prescribed maps, showing the\nlocation on the land specified under paragraph (b) of:\n(i) the approximate proposed route of the pipeline;\n(ii) the approximate proposed situation of apparatus or\nworks, if known; and\n(iii) land which the applicant desires to enter to determine\nthe land which might be used for the purpose of gaining\naccess to the pipeline and apparatus or works;\n(d) shall be accompanied by details of any agreement entered\ninto, or proposed to be entered into, by the applicant relating\nto his entry onto the land specified under paragraph (b);\n\nEnergy Pipelines Act 1981 8\n(e) may set out other matters, including details of his financial\nresources and technical competence, that the applicant\nwishes the Minister to consider; and\n(f) shall be accompanied by the fee prescribed by regulation.\n(3) An applicant for a permit shall, if required to do so by an instrument\nin writing served on him at any time by the Minister, furnish to the\nMinister within the time specified in the instrument, such further\ninformation in writing in connection with his application as is\nspecified in the instrument.\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Notice of application","content":"6 Notice of application\n(1) An applicant for a permit shall, within 90 days after making the\napplication or within such further period, not exceeding 90 days, as\nthe Minister, on application in writing served on him before the\nexpiration of the first-mentioned 90 days allows, cause to be\nserved:\n(a) on each local government council within whose local\ngovernment area any land referred to in the application is\nsituated; and\n(b) on each owner and occupier of land specified in the\n(ba) on the registered native title claimants and registered native\ntitle bodies corporate (if any) in relation to any affected land or\n(baa) on the representative Aboriginal/Torres Strait Islander bodies\nin relation to any of the affected land or waters unless the\ngrant of the permit is not a future act; and\n(bb) on any person who holds a right of way or other easement\nover any of the land specified in the application; and\n(c) on each permittee or licensee who holds a current licence or\npermit in respect of any part of the land referred to in the\napplication,\na notice of application.\n(2) A notice under subsection (1) is to be in or to the effect of the\nprescribed form and is to:\n(a) set out the particulars relating to the application as are\nprovided for in the prescribed form; and\n\nEnergy Pipelines Act 1981 9\n(b) contain a statement to the effect that:\nwithin 28 days after the date of service of the notice,\nlodge in writing with the Minister representations about\nthe grant of the permit; and\nof the affected land or waters may, within 28 days after\nbeing served with the notice, lodge in writing with the\nMinister comments on the grant of the permit.\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Variation of application","content":"7 Variation of application\n(1) An applicant for a permit may, before the permit is granted, apply to\nthe Minister to:\n(a) include additional land in;\n(b) exclude land from; or\n(c) include additional land in, and to exclude other land from,\nthe land in respect of which the original application was made.\n(2) Such of the provisions of sections 5(2) and (3) and 6 as are\nprescribed apply to and in relation to an application under\nsubsection (1) as if the application were an application made under\nsection 5(1).\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Grant of permit","content":"8 Grant of permit\n(1) Where the Minister is satisfied:\n(a) that the applicant for a permit has complied with the\nrequirements of section 5; and\n(b) that 28 days have elapsed since the date on which the last of\nthe notices required to be served by section 6 was served,\nhe may, after taking into consideration any representations and\ncomments lodged in accordance with the statement referred to in\nsection 6(2)(b), grant to the applicant a permit in respect of the land\nspecified in the application under section 5(1) or, where an\napplication is made under section 7, in respect of:\n\nEnergy Pipelines Act 1981 10\n(c) such of the land specified in the application under section 5(1)\nas is not excluded land referred to in section 7(1); and\n(d) any additional land referred to in the application under\nsection 7(1),\nas he thinks fit.\n(2) In considering an application for a permit, the Minister must have\nregard to:\n(a) whether the carrying on of survey works on the land specified\nin the application would interfere or be likely to interfere\nunnecessarily with:\n(i) improvements on the land;\n(ii) flora, fauna, fish, fisheries and scenic attractions on or in\nthe vicinity of the land; or\n(iii) features of architectural, archaeological, historical or\ngeological interest on or in the vicinity of the land; and\n(b) the effect that the grant of the permit would have or be likely\nto have on registered native title rights and interests or, if\nthere are no registered native title rights or interests in relation\nto any of the affected land or waters, any comments lodged\nby representative Aboriginal/Torres Strait Islander bodies in\naccordance with the statement referred to in section 6(2)(b).\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Terms and conditions of permit","content":"9 Terms and conditions of permit\n(1) A permit:\n(a) comes into force on the day specified in the permit;\n(b) subject to subsection (3), remains in force for a period of\n12 months commencing on the day referred to in\nparagraph (a) and for any period for which the permit is\nextended under subsection (2); and\n(c) may be granted subject to such conditions as the Minister\nthinks fit and specifies in the permit, which may include a\ncondition for the purpose of minimising the impact of the grant\nof the permit on native title rights and interests in relation to\nany affected land or waters.\n\nEnergy Pipelines Act 1981 11\n(2) The Minister may, on application in writing made by the permittee\nand served on the Minister before the date of expiration of the\npermit, extend the permit for such period as he thinks fit and\nspecifies in an instrument in writing served on the permittee.\n(3) The Minister may, for reasons that he thinks sufficient, by\ninstrument in writing served on a permittee, cancel a permit as to\nthe land in respect of which it is in force.\n(4) A permit shall not be cancelled under subsection (3) unless the\nMinister has:\n(a) by instrument in writing served on the permittee, given not\nless than 28 days notice of his intention to cancel the permit\nand the grounds for his so doing;\n(c) in the instrument, specified a date on or before which the\npermittee or a person on whom a copy of the instrument is\nserved may, by instrument in writing served on the Minister,\nsubmit any matter that he wishes the Minister to consider in\nconnection with the cancellation of the permit;\n(d) caused to be published in such newspapers as he thinks fit,\nnotice of his intention to cancel the permit and the ground for\nhis so doing and has, in that notice, specified a date on or\nbefore which a person having an interest in land in the area\nmay submit any matter that he wishes the Minister to consider\nin connection with the cancellation of the permit; and\n(e) taken into account:\n(i) any action taken by the permittee to remove the grounds\nfor cancellation of his permit or to prevent the recurrence\nof similar grounds; and\n(ii) particulars of matters submitted under paragraph (c)\nor (d) on or before the date specified under the relevant\nparagraph.\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Variation of permit","content":"10 Variation of permit\n(1) A permittee may apply to the Minister for a variation of the permit\nheld by him so that it applies to additional land.\n\nEnergy Pipelines Act 1981 12\n(2) Sections 5(2) and (3) and 6 apply to and in relation to an\napplication under subsection (1), in respect of the additional land\nreferred to in that subsection, in the same way as those sections\napply to and in relation to an application made under section 5(1).\n(3) Where, in respect of an application under subsection (1), the\nMinister is satisfied as to the matters referred to in section 8(1) and\nhas taken into consideration the matters referred to in section 8(2),\nhe may, by instrument in writing, vary the permit in respect of which\nthe application was made so that it applies to:\n(a) the additional land specified in that application; or\n(b) such, if any, of that additional land as the Minister thinks fit.\n(4) In varying a permit under this section, the Minister may, as he\nthinks fit and specifies in the instrument referred to in\nsubsection (3), add to or vary the conditions subject to which the\npermit was granted.\n(5) Land specified in an instrument referred to in subsection (3) shall,\nfor the purposes of this Act, be deemed to be land specified in the\npermit to which that instrument relates as land in respect of which\nthe holder of the permit may exercise the rights conferred thereby.\n(6) Where, under subsection (4), conditions are added to the\nconditions subject to which a permit was granted or conditions\nsubject to which a permit was granted are varied, the additional\nconditions or the conditions as so varied shall be conditions subject\nto which the permit was granted.\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Rights conferred by permit","content":"11 Rights conferred by permit\n(1) A permit, while it remains in force, authorizes the permittee, in\naccordance with the conditions subject to which it was granted, to\nenter with such vehicles, equipment and personnel as are\nnecessary for the purpose, the land specified in the permit and to\ncarry out on that land such surveys as the permittee considers\nnecessary for the purpose of determining:\n(a) the proposed route of the pipeline, and the proposed situation\nof apparatus or works, referred to in the application for the\npermit; and\n(b) the land, if any, to be used for the purpose of gaining access\nto the pipeline and the apparatus or works.\n(2) A permittee may, subject to the conditions on which the permit was\ngranted, take from the land specified in the permit samples for\nexamination and testing.\n\nEnergy Pipelines Act 1981 13\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Construction, &c., of pipelines","content":"12 Construction, &c., of pipelines\n(1) A person shall not:\n(a) commence, or continue, the construction of a pipeline; or\n(b) alter or reconstruct a pipeline,\nexcept under and in pursuance of a licence.\n(2) A person shall not operate a pipeline:\n(a) except under and in pursuance of a licence; and\n(b) unless he has obtained the consent under section 38 of the\nMinister to the commencement or resumption, as the case\nmay be, of the operations and commences or resumes the\noperations, and thereafter operates the pipeline, in\naccordance with the conditions, if any, to which the instrument\nof consent is for the time being subject.\n(3) It is not an offence against this section:\n(a) if, in an emergency in which there is a likelihood of loss or\ninjury, or for the purpose of maintaining a pipeline in good\norder or repair, a person does an act to avoid the loss or injury\nor to maintain the pipeline in good order and repair and:\n(i) as soon as practicable thereafter notifies the Minister of\nthe act done; and\n(ii) complies with any directions given to him by the\nMinister; or\n(b) if a person does an act in compliance with a direction under\nthis Act.\n\nEnergy Pipelines Act 1981 14\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Application for licence","content":"13 Application for licence\n(1) An application for a licence may be made by a person who:\n(a) at the time of making the application holds, or within 6 months\nbefore making the application has held, a permit; or\n(b) is able to satisfy the Minister that, notwithstanding that he has\nnever, or has not within the period of 6 months before making\nthe application, held a permit, has obtained sufficient data\nrelating to the route of the proposed pipeline to submit an\napplication which complies with subsection (2).\n(2) An application for a licence:\n(b) shall be accompanied by particulars of:\n(i) the design and construction of the proposed pipeline;\n(ii) the provisions for cathodic protection of the proposed\npipeline;\n(iii) the size and capacity of the proposed pipeline;\n(iv) the substance intended to be conveyed through the\nproposed pipeline;\n(v) the proposals of the applicant for work and expenditure\nin respect of the construction of the proposed pipeline;\n(vi) the machinery and equipment that the applicant intends\nto use in the construction of the proposed pipeline;\n(vii) the technical qualifications of the applicant and of his\nemployees;\n(viii) the technical advice available to the applicant; and\n(ix) the financial resources available to the applicant;\n(c) shall be accompanied by a plan, drawn in the prescribed\nmanner:\n(i) showing:\n(A) the route of the proposed pipeline;\n(BA) the land that is proposed by the applicant to be the\nlicence area;\n\nEnergy Pipelines Act 1981 15\n(BB) the corridor of land, 25 m wide, extending for\n12.5 m on either side of the route of the proposed\npipeline specified under subparagraph (A);\n(B) the situation of proposed apparatus or works; and\n(C) the land, if any, proposed to be used for the\npurpose of gaining access to the proposed pipeline\nand proposed apparatus or works; and\n(ii) on which shall be identified the land, or easements over\nland, referred to in paragraph (e);\n(d) shall be accompanied by particulars of agreements entered\ninto, or proposed to be entered into, by the applicant for the\nacquisition by him of, or of easements over, the land shown in\nthe plan referred to in paragraph (c);\n(da) shall specify:\n(i) the name and address of each person whose operations\non or interest in the land shown in the plan under\nparagraph (c) in accordance with paragraph (c)(i)(BB)\nmay be affected by the operation of section 66 if the\npipeline to which the application relates were to be\nconstructed; and\n(ii) the agreement or arrangement, if any, made between\nthe applicant and a person referred to in\nsubparagraph (i) in relation to the person's operations\nand interests;\n(e) shall specify, in relation to each part of the proposed pipeline,\nthe proposed route of which is on or across Aboriginal land,\nwithin the meaning of the Aboriginal Land Rights (Northern\nTerritory) Act 1976 of the Commonwealth, or on or across\nland held by the Commonwealth, particulars of the land, or the\neasements over land acquired or agreed to be acquired for\nthe purpose of constructing and operating the proposed\npipeline or gaining access to the proposed pipeline;\n(f) shall be accompanied by copies of the notices which the\napplicant has served under subsection (4);\n(g) may set out any other matters that the applicant wishes the\nMinister to consider; and\n(h) shall be accompanied by the fee prescribed by regulation.\n\nEnergy Pipelines Act 1981 16\n(3) The Minister may, at any time, by instrument in writing served on an\napplicant, require him to furnish to the Minister, within the time\nspecified in the instrument, further information in writing in\nconnection with his application.\n(4) At the time of making an application for a licence, the applicant\nshall serve a notice in the prescribed form on:\n(a) each local government council within whose local government\narea any part of the proposed pipeline is intended to be\nsituated; and\n(b) each owner and occupier of land specified in the application\nand each person whose operations on or interest in the land\nshown in the plan under subsection (2)(c)(i)(BB) may be\naffected by the operation of section 66 if the pipeline to which\nthe application relates were to be constructed; and\n(ba) the registered native title claimants and registered native title\nbodies corporate (if any) in relation to any affected land or\n(baa) the representative Aboriginal/Torres Strait Islander bodies in\nrelation to any of the affected land or waters unless the grant\nof the licence is not a future act,\nthat an application has been made.\n(4A) A notice under subsection (4) is to contain:\n(a) a description of the affected land or waters of the land; and\n(b) a statement to the effect that a map showing the proposed\nroute of the proposed pipeline may be examined at the place\nor places, and at the times, specified in the notice; and\n(c) a statement to the effect that:\nwithin 28 days after the date of service of the notice,\nlodge in writing with the Minister representations about\nthe grant of the licence; and\nof the affected land or waters may, within 28 days after\nbeing served with the notice, lodge in writing with the\nMinister comments on the grant of the licence.\n\nEnergy Pipelines Act 1981 17\n(5) The Minister shall, as soon as practicable after receiving an\napplication for a licence, and at the expense of the applicant,\npublish:\n(a) in the Gazette;\n(b) in a daily newspaper circulating generally in the Territory; and\n(c) in such other newspapers as the Minister thinks fit,\na notice that he has received the application and that a map\nshowing the proposed route of the proposed pipeline may be\nexamined at the place or places, and at the times, specified in the\nnotice.\n(6) The Minister may direct an applicant for a licence to inform such\nother persons as the Minister thinks fit that the application has been\nmade.\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Refusal of licence","content":"14 Refusal of licence\n(1) The Minister shall not refuse an application made under section 13\nunless he has:\n(a) by instrument in writing served on the applicant, given not less\nthan 90 days notice of his intention to refuse the application;\n(c) in the instrument:\n(i) given the reason for his intention to refuse the\n(ii) specified a date on or before which the applicant or a\nperson on whom a copy of the instrument is served may,\nby instrument in writing served on the Minister, submit\nmatters that he wishes the Minister to consider; and\n(d) taken into account the matters submitted to him under\nparagraph (c)(ii) on or before the specified date.\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Grant of licence","content":"15 Grant of licence\n(1) Where 28 days have elapsed since the date on which the last of\nthe notices required by section 13(5) to be published was\npublished, the Minister may, after taking into consideration any\nrepresentations and comments lodged in accordance with the\nstatement referred to in section 13(4a)(c) and the matters referred\n\nEnergy Pipelines Act 1981 18\nto in subsection (2), grant to the applicant a licence in respect of\nthe proposed pipeline and shall cause to be published in the\nGazette a notice that the licence has been granted.\n(2) In considering an application for a licence the Minister shall have\nregard to:\n(a) the public interest;\n(b) the financial and technical ability of the applicant to construct,\noperate and maintain the proposed pipeline;\n(c) whether the construction of the proposed pipeline or any\napparatus or works on the land specified in the application\nwould contravene the development provisions, or an interim\ndevelopment control order, under the Planning Act 1999;\n(d) whether the construction of the proposed pipeline or\napparatus or works would be likely to interfere unnecessarily\nwith:\n(i) improvements on;\n(ii) flora, fauna, fish, fisheries and scenic attractions on or in\nthe vicinity of; or\n(iii) any features of architectural, archaeological, historical or\ngeological interest on or in the vicinity of,\nthe land specified in the application; and\n(e) the effect that the grant of the licence would have or be likely\nto have on registered native title rights and interests or, if\nthere are no registered native title rights or interests in relation\nto any of the affected land or waters, any comments lodged\nby representative Aboriginal/Torres Strait Islander bodies in\naccordance with the statement referred to in\nsection 13(4A)(c).\n","sortOrder":14},{"sectionNumber":"15A","sectionType":"section","heading":"Licensing of exempt pipelines","content":"15A Licensing of exempt pipelines\n(1) The Minister may, by notice in writing served on the owner or\noperator of a pipeline:\n(a) referred to in section 4(1)(b); or\n(b) specified in a notice under section 4(2),\ndirect the owner or operator to apply for the grant of a licence under\nthis section in respect of the pipeline.\n\nEnergy Pipelines Act 1981 19\n(2) An application for the grant of a licence under this section shall be:\n(a) made in a form and manner approved by the Minister; and\n(b) accompanied by such particulars as the Minister may require.\n(3) The Minister shall, on receiving an application for the grant of a\nlicence under this section:\n(a) grant the licence; or\n(b) require the applicant to provide such further particulars as the\nMinister may require and, on receiving such particulars, grant\nthe licence.\n(4) Where the Minister grants a licence under subsection (3), the\nMinister shall cause to be published in the Gazette a notice that the\nlicence has been granted.\n(5) Where under subsection (1) a notice is served on the owner or\noperator of a pipeline, section 4(1)(b) or the notice under\nsection 4(2), as the case may be, shall cease to apply to and in\nrelation to the pipeline at the expiration of 6 months, or such longer\nperiod as the Minister may approve, after the date of the service of\nthe notice.\n(6) A pipeline referred to in subsection (5) shall not be operated after\nthe expiration of the period referred to in that subsection unless:\n(a) a licence has been granted under this section in respect of\nthat pipeline; and\n(b) the operation of the pipeline is in accordance with this Act.\n(7) Notwithstanding section 30, a licence fee is not payable under that\nsection in respect of the first year of the term of a licence granted\nunder this section.\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Renewal of licence","content":"16 Renewal of licence\n(1) A licensee (other than a licensee under a licence granted after the\ncommencement of the Energy Pipelines Amendment Act 2003)\nmay, from time to time, make an application for the renewal of his\nlicence.\n\nEnergy Pipelines Act 1981 20\n(2) An application under subsection (1):\n(a) shall, subject to subsection (3), be made not less than\n6 months before the day the licence will otherwise cease to be\nin force;\n(b) shall be made in a form and manner approved by the Minister;\n(c) shall be accompanied by the fee prescribed by regulation; and\n(d) may, if the period for which the renewal is sought is less than\n21 years, indicate that lesser period and give reasons for so\ndoing.\n(3) The Minister may, for reasons he thinks fit, receive an application\nfor the renewal of a licence less than 6 months before it will\notherwise cease to be in force, but not in any case after the day on\nwhich the licence ceases to be in force.\n(3A) The Minister may, on receiving an application under this section,\nrenew the licence to which the application relates.\n(3B) The Minister may renew a licence under subsection (3A) subject to\nthe conditions to which the licence was subject immediately before\nthe renewal, or those conditions varied, omitted or added to as the\nMinister thinks fit and specifies on the renewed licence.\n(3C) Before renewing a licence on additional or varied conditions, the\nMinister must consult with the licensee and have regard to\nrepresentations made by the licensee in relation to the proposed\nadditional or varied conditions.\n(4) The Minister shall not refuse an application for the renewal of a\nlicence unless he has:\n(a) by instrument in writing served on the licensee, given not less\nthan 90 days notice of his intention to refuse the application;\n(c) in the instrument:\n(i) given the reason for his intention to refuse the\n(ii) specified a date on or before which the licensee or a\nperson on whom a copy of the instrument is served may,\nby instrument in writing served on the Minister, submit\nmatters that he wishes the Minister to consider; and\n\nEnergy Pipelines Act 1981 21\n(d) taken into account the matters submitted to him under\nparagraph (c)(ii) on or before the specified date.\n(6) Where:\n(a) an application for the renewal of a licence is made under this\nsection; and\n(b) the licence otherwise ceases to be in force before the\napplication is granted or refused,\nthe licence shall be deemed to continue in force in all respects until\nthe application is granted or refused.\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Conditions of licence","content":"17 Conditions of licence\n(1) A licence may be granted subject to such conditions as the Minister\nthinks fit and specifies in the licence.\n(2) Without limiting the generality of subsection (1), the conditions\nreferred to in that subsection may include conditions that the\nlicensee shall:\n(a) within such time as is specified in an instrument in writing\nserved on him by the Minister and before commencing the\nconstruction of the pipeline specified in the licence, lodge with\nthe Minister security in such amount, not exceeding $50,000\nor such other amount as is prescribed, and in such manner\nand form, and from such persons, as approved by the Minister\nand specified in the notice;\n(b) complete the construction of, and commence to operate, the\npipeline within the period specified in the licence;\n(c) take such measures as the Minister, by instrument in writing\nserved on the licensee, requires to be taken within the time\nspecified in the notice, with respect to the conservation and\nprotection of the flora, fauna, fish, fisheries and scenic\nattractions, and features of architectural, archaeological,\nhistorical or geological interest and the reinstatement,\nlevelling, regrassing, reforesting and contouring of any land\nwhich may be damaged or deleteriously affected by the\nlicensee; and\n(d) take the measures specified in the licence for the purpose of\nminimising the impact of the grant of the licence on native title\nrights and interests.\n\nEnergy Pipelines Act 1981 22\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Security","content":"18 Security\n(2) A security given in accordance with a form approved under\nsection 17(2)(a) by the Minister, although it is not sealed, binds the\nperson subscribing to it as if it were sealed.\n(3) Whenever a security referred to in section 17(2)(a) is put in suit, the\nproduction of the security entitles the Minister, without further proof,\nto judgment for the amount claimed, against the person appearing\nto have executed the security, unless that person proves:\n(a) compliance with conditions of the security;\n(b) that the security was not executed by him; or\n(c) release or satisfaction.\n(4) If it appears to the court, in a suit referred to in subsection (3), that\nnon-compliance with a condition of a security given under this Act\nhas occurred, the security shall not be discharged or invalidated,\nand the subscriber shall not be released or discharged from liability,\nby reason of:\n(a) an extension of time or other concession;\n(b) consent to, or acquiescence in, a previous non-compliance\nwith a condition; or\n(c) failure to bring suit against the subscriber upon the\noccurrence of a previous non-compliance with the condition.\n(5) If there are several subscribers to a security referred to in\nsection 17(2)(a), they are bound, unless the security otherwise\nprovides, jointly and severally and for the full amount of the\nsecurity.\n(6) A security referred to in section 17(2)(a) may be sued on for\nnon-compliance with the conditions of the licence to which the\nsecurity relates.\n","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"Term of licence","content":"19 Term of licence\n(1) A licence:\n(a) not being a renewal of a licence, granted before the\ncommencement of the Energy Pipelines Amendment\nAct 2003 comes into force on the day specified for the\npurpose in the licence; and\n\nEnergy Pipelines Act 1981 23\n(b) being a renewal of a licence mentioned in paragraph (a)\n(whether renewed before or after that commencement),\ncomes into force on the day after the day on which the last\nprevious licence in respect of the same pipeline ceases to be\nin force,\nand, subject to this Act, remains in force for such period\ncommencing on that day and not exceeding 21 years as is\nspecified in the licence.\n(2) A licence, other than a renewal of a licence mentioned in\nsubsection (1)(b), granted after the commencement of the Energy\nPipelines Amendment Act 2003 comes into force on the day\nspecified in it and remains in force indefinitely.\n","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Variation of conditions of licence etc.","content":"20 Variation of conditions of licence etc.\n(1) A licensee may apply to the Minister for the Minister to vary,\nsuspend or waive a condition of the licensee's licence, other than a\ncondition to which section 21A applies.\n(2) Subject to subsection (2A), an application under subsection (1)\nshall be accompanied by the fee prescribed by regulation.\n(2A) The Minister may waive the fee payable under subsection (2).\n(3) The Minister may, by notice in writing, require the applicant to:\n(a) give notice of the application to such persons, if any, as the\nMinister thinks fit; and\n(b) furnish to the Minister within the time specified in the notice,\nsuch further information in connection with the application as\nthe Minister requires to enable the Minister to determine the\napplication.\n(4) The Minister may, by notice served on the licensee, determine an\napplication under this section by varying, suspending or waiving a\ncondition of the licence to such extent and subject to such\nconditions, if any, as the Minister thinks fit, or may refuse to vary,\nsuspend or waive a condition.\n","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Variation of licence because of legislative requirements","content":"21 Variation of licence because of legislative requirements\n(1) Where a licensee is required to vary the route of a proposed\npipeline as the result of an Act or instrument of a legislative or\nadministrative character, including an Act or instrument of the\nCommonwealth, the licensee may apply to the Minister for a\nvariation of the licence to enable the licensee to comply with the\nrequirement.\n\nEnergy Pipelines Act 1981 24\n(2) On receipt of an application under subsection (1) and after giving\nthe notice and taking the steps that the Minister thinks fit, the\nMinister may vary the licence to the extent required to enable the\nlicensee to comply with the requirement.\n(3) The Minister must not vary a licence under subsection (2) unless\nsufficient to accommodate the variation of the route.\n","sortOrder":21},{"sectionNumber":"21A","sectionType":"section","heading":"Variation of route or area on application","content":"21A Variation of route or area on application\n(1) A licensee may apply to the Minister for the Minister to vary the\nroute of the pipeline or the licence area specified in the licence.\n(2) An application under subsection (1) may be made before the\nconstruction of the pipeline has commenced, during its construction\nor after construction has been completed and, where the\nconstruction has been completed, whether or not the Minister's\nconsent under section 38 to the commencement or resumption of\noperations or the testing of the pipeline has been given.\n","sortOrder":22},{"sectionNumber":"21B","sectionType":"section","heading":"Application to vary route and licence","content":"21B Application to vary route and licence\n(1) An application under section 21A before the completion of the\npipeline or for a relocation of or alteration to an existing pipeline,\nshall be accompanied by:\n(a) details of the proposed variation;\n(b) the reasons for the proposed variation; and\n(c) the fee prescribed by regulation.\n(2) As soon as practicable after the making of an application referred\nto in subsection (1), the applicant shall serve notice on:\n(a) each local government council within whose local government\narea any land that would be affected by the granting of the\nvariation is situated; and\n(b) each owner and occupier of land specified in the application;\nand\n(ba) the registered native title claimants and registered native title\nbodies corporate (if any) in relation to any affected land or\n\nEnergy Pipelines Act 1981 25\n(baa) the representative Aboriginal/Torres Strait Islander bodies in\nrelation to any of the affected land or waters unless the grant\nof the licence is not a future act; and\n(c) each person, if any, who holds a right of way or other\neasement over a relevant part of such land; and\n(d) each permittee or licensee, if any, who holds a permit or\nlicence in respect of any part of such land,\nthat the application has been made.\n(2A) A notice under subsection (2) is to contain:\n(a) details of the proposed variation; and\n(b) a statement to the effect that:\nwithin 7 days after the date of service of the notice or the\nfurther time allowed in writing by the Minister, lodge in\nwriting with the Minister representations about the grant\nof the licence; and\nof the affected land or waters may, within 7 days after\nbeing served with the notice or the further time allowed\nin writing by the Minister, lodge in writing with the\nMinister comments on the grant of the licence.\n(3) In determining whether or not to vary a licence in accordance with\nan application under subsection (1), the Minister must have regard\nto any representations and comments lodged in accordance with\nthe statement referred to in subsection (2A)(b).\n(5) The Minister shall not vary a licence as the result of an application\nreferred to in subsection (1) unless satisfied that the variation is\njustified in the circumstances and reflects good pipeline\nconstruction and operating practice.\n\nEnergy Pipelines Act 1981 26\n","sortOrder":23},{"sectionNumber":"21C","sectionType":"section","heading":"Application to vary licence area","content":"21C Application to vary licence area\n(1) An application under section 21A for the Minister to vary the licence\narea made after construction of the pipeline had been completed\nshall be accompanied by:\n(a) details of the proposed variation describing the area it is\nproposed should remain subject to the licence; and\n(b) the fee prescribed by regulation.\n(2) The Minister shall not vary a licence as a result of an application\nreferred to in subsection (1) except to accurately reflect the route of\nthe pipeline on completion of construction and to reduce the licence\narea but so that, except where the Minister is satisfied that the\nexigencies of the case so require, the licence area is not in any\nplace narrower than 25 m having as its centreline an imaginary line\nconnecting markers erected in accordance with section 39(a) or\ndirections given under section 40.\n","sortOrder":24},{"sectionNumber":"21D","sectionType":"section","heading":"Determination of application","content":"21D Determination of application\nSubject to sections 21B and 21C, the Minister may, by notice\nserved on the licensee, determine an application under section 21A\nby varying the route of the pipeline or the licence area to such\nextent and subject to such conditions, if any, as the Minister thinks\nfit, or may refuse to vary the licence.\n","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Easements over Crown lands","content":"22 Easements over Crown lands\nSubject to the Native Title Act but despite anything in this Act or\nanother Act or anything in a licence or an instrument of a legislative\nor administrative character relating to unalienated Crown lands, the\nAdministrator, on the recommendation of the Minister for the time\nbeing responsible for the Crown Lands Act 1992 may, upon such\nterms and conditions, and subject to the payment of such fee, as\nthe Administrator thinks fit, grant to a licensee a lease, easement,\nlicence or other authority necessary or expedient to enable the\nlicensee:\n(a) to construct the pipeline specified in the licensee's licence\nover Crown lands; and\n(b) to operate, inspect, maintain and repair that pipeline.\n\nEnergy Pipelines Act 1981 27\n","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Exemptions, &c.","content":"23 Exemptions, &c.\n(1) Subject to subsection (2), where:\n(a) a licence is, under this Act, to be deemed to continue in force\nuntil the Minister grants, or refuses to grant, the renewal of the\nlicence;\n(b) a licence is varied under section 20;\n(c) a licence is cancelled as to part of the pipeline in respect of\nwhich it is in force;\n(d) a licensee applies, by instrument in writing served on the\nMinister, for a variation or suspension of, or exemption from\ncompliance with, a condition to which the licence is subject; or\n(e) the Minister, under this Act, gives a direction or consent to a\nlicensee,\nthe Minister may, on application by the licensee, by instrument in\nwriting served on the licensee, vary or suspend, or exempt the\nlicensee from complying with, a condition to which the licence is\nsubject, upon such conditions, if any, as the Minister thinks fit and\nspecifies in the instrument.\n(2) Nothing in subsection (1) empowers the Minister to alter the term of\na licence.\n","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Surrender of licence","content":"24 Surrender of licence\n(1) A licensee may, at any time, by instrument in writing served on the\nMinister, apply for consent to surrender his licence as to the whole\nor a part of the pipeline in respect of which it is in force.\n(2) Subject to subsection (3), the Minister shall not give his consent to\nthe surrender of a licence unless the licensee:\n(a) has paid all amounts payable by him under this Act or has\nmade arrangements which are satisfactory to the Minister for\nthe payment of those amounts;\n(b) has complied with the conditions to which the licence is\nsubject and with the provisions of this Act and the\nRegulations;\n(c) has, where the Minister, by instrument in writing served on the\nlicensee, required him to do so, caused to be published in\nsuch newspapers as are specified in the instrument, notice of\nthe licensee's intention to apply for consent to surrender the\n\nEnergy Pipelines Act 1981 28\nlicence as to the whole or a part of the pipeline in respect of\nwhich it is in force and has, in that notice, specified a date, not\nbeing earlier than 28 days after publication of the notice, on or\nbefore which any person having an interest in land in the\nlicence area may, by instrument in writing served on the\nMinister, submit any matter that he wishes the Minister to\nconsider in connection with the application for the consent;\nand\n(d) has, to the extent that he is required to do so by, and to the\nsatisfaction of, the Minister, removed or caused to be\nremoved from the area to which the proposed surrender\nrelates, property brought into that area by any person\nengaged or concerned in the operations authorized by the\nlicence, or has made arrangements that are satisfactory to the\nMinister for the removal or disposal of that property.\n(3) Where a licensee has not complied with the conditions to which this\nlicence is subject and with the provisions of this Act and the\nRegulations, the Minister may consent to an application under\nsubsection (1) if he is satisfied that, although the licensee has not\nso complied, special circumstances exist that justify his consent to\nthe application.\n(4) Where the Minister consents to an application under\nsubsection (1), the applicant may, by instrument in writing served\non the Minister, surrender the licence accordingly.\n","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Cancellation of licence for breach of condition","content":"25 Cancellation of licence for breach of condition\n(1) Subject to subsection (2), where a licensee:\n(a) has not complied with a condition to which the licence is\nsubject;\n(b) has not complied with a provision of this Act or the\nRegulations; or\n(c) has not paid an amount payable by him under this Act within\n90 days after the day on which the amount became payable,\nthe Minister may, on that ground, by instrument in writing served on\nthe licensee, cancel the licence as to the whole or a part of the\npipeline in respect of which it is in force.\n\nEnergy Pipelines Act 1981 29\n(2) A licence shall not be cancelled under subsection (1) unless the\nMinister has:\n(a) by instrument in writing served on the licensee, given not less\nthan 28 days notice of his intention to cancel the licence and\nthe grounds for his so doing;\n(c) in the instrument, specified a date on or before which the\nlicensee or a person on whom a copy of the instrument is\nserved may, by instrument in writing served on the Minister,\nsubmit any matter that he wishes the Minister to consider in\nconnection with the cancellation of the licence;\n(d) caused to be published in such newspapers as he thinks fit,\nnotice of his intention to cancel the licence and the ground for\nhis so doing and has, in that notice, specified a date on or\nbefore which a person having an interest in land in the licence\narea may submit any matter that he wishes the Minister to\nconsider in connection with the cancellation of the licence;\nand\n(e) taken into account:\n(i) any action taken by the licensee to remove the grounds\nfor cancellation of his licence or to prevent the\nrecurrence of similar grounds; and\n(ii) particulars of matters submitted under paragraph (c)\nor (d) on or before the date specified under the relevant\nparagraph.\n","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Variation of licence in public interest","content":"26 Variation of licence in public interest\n(1) The Minister may:\n(a) at the request of:\n(i) a minister, Commonwealth Minister or State Minister; or\n(ii) a body established by a law of the Territory or of the\nCommonwealth; and\n(b) if, in his opinion, it is in the public interest so to do and the\nminister or body making the request has given security, to the\nsatisfaction of the Minister, for the payment of any amount\npayable under subsection (5) to a licensee,\n\nEnergy Pipelines Act 1981 30\nby instrument in writing served on the licensee, direct the licensee\nto make such changes in the route or position of the licensee's\npipeline, and within such times, as are specified in the instrument.\n(1A) The Minister must not make a direction under subsection (1) unless\nsufficient to accommodate the changes in the route or position of\nthe pipeline.\n(2) A licensee to whom a direction under subsection (1) is given shall\ncomply with the direction.\n(3) Where the Minister gives a direction under subsection (1) and the\nlicensee to whom the direction is given complies with the direction,\nthe licensee may bring an action in the Tribunal against the minister\nor body making the request for compensation of the expenses\nincurred by him in complying with the direction.\n(4) The Tribunal shall hear the action referred to in subsection (3) and\nshall determine whether it is just that the whole or a portion of the\nreasonable cost of complying with the direction ought to be paid to\nthe plaintiff by the defendant.\n(5) If the Tribunal determines that compensation referred to in\nsubsection (4) ought to be made, it shall determine the amount of\nthe compensation and give judgment accordingly.\n","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"Cancellation of licences not affected by other provisions","content":"27 Cancellation of licences not affected by other provisions\n(1) A licence may be wholly or partly cancelled on the grounds that the\nlicensee has not complied with a provision of this Act or the\nRegulations, notwithstanding that he has been convicted of an\noffence by reason of his failure so to comply.\n(2) A person who was the registered holder of a licence that has been\nwholly cancelled, or is the registered holder of a licence that has\nbeen partly cancelled, on the grounds that he has not complied with\na provision of this Act or of the Regulations, may be found guilty of\nan offence by reason of his failure to comply with the provision,\nnotwithstanding that the licence has been so cancelled.\n\nEnergy Pipelines Act 1981 31\n(3) A licence may be wholly or partly cancelled on the grounds that the\nlicensee has not paid an amount payable by him under this Act\nwithin 90 days after the day on which the amount became payable,\nnotwithstanding that judgment for the amount has been obtained or\nthat the amount, or any part of the amount, has been paid or\nrecovered.\n(4) A person who was the registered holder of a licence that has been\nwholly cancelled, or is the registered holder of a licence that has\nbeen partly cancelled, on the grounds that he has not paid an\namount payable by him under this Act within 90 days after the day\non which the amount became payable, continues to be liable to pay\nthat amount together with any additional amounts payable by\nreason of late payment of that amount, notwithstanding that the\nlicence has been so cancelled.\n","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":"Removal of property, &c., by licensee","content":"28 Removal of property, &c., by licensee\n(1) Where a licence has been wholly or partly cancelled, or has\nexpired, the Minister may, by instrument in writing served on the\nperson who was, or is, as the case may be, the licensee, direct that\nperson to:\n(a) remove or cause to be removed from the relinquished area\nthe property specified in the instrument, being property that\nwas brought into that area by a person engaged or concerned\nin the operations authorized by the licence, or to make\narrangements that are satisfactory to the Minister for the\nremoval or disposal of that property; and\n(b) make good, to the satisfaction of the Minister, any damage to\nthe relinquished area caused by a person engaged or\nconcerned in the operations authorized by the licence or\ncaused by the removal of property under a direction referred\nto in paragraph (a), whether or not it was removed in a\nmanner specified in the direction.\n(2) The Minister may, by instrument in writing served on a licensee,\ndirect him to:\n(a) remove or cause to be removed from the licence area the\nproperty specified in the instrument, being property that was\nbrought into that area by a person engaged or concerned in\nthe operations authorized by the licence, or to make\narrangements that are satisfactory to the Minister for the\nremoval or disposal of that property; and\n(b) make good, to the satisfaction of the Minister, any damage to\nthe licence area caused by a person engaged or concerned in\n\nEnergy Pipelines Act 1981 32\nthe operations authorized by the licence or caused by the\nremoval of property under a direction referred to in\nparagraph (a), whether or not it was removed in a manner\nspecified in the direction.\n(3) A direction under subsection (1)(a) or (2)(a) may specify the\nmanner in which the property specified in the direction shall be\nremoved.\n(4) A person to whom a direction under subsection (1) or (2) is given\nshall comply with the direction:\n(a) in the case of a direction given under subsection (1) – within\nthe period specified in the instrument by which the direction\nwas given; and\n(b) in the case of a direction given under subsection (2) – on or\nbefore the expiration of the licence.\n","sortOrder":32},{"sectionNumber":"29","sectionType":"section","heading":"Powers of Minister to enforce direction","content":"29 Powers of Minister to enforce direction\n(1) Where a licence has been wholly or partly cancelled, or has\nexpired, and:\n(a) a direction referred to in section 28(1)(a) or (2)(a) for the\nremoval of property from the relinquished or licence area has\nnot been complied with, the Minister may, by notice in the\nGazette, direct that the owner or owners of the property shall\nremove it from that area within the period specified in the\ninstrument and the Minister shall cause a copy of the\ninstrument to be served on each person whom he believes to\nbe an owner of that property or part of that property;\n(b) a direction referred to in section 28(1)(a) or (2)(a) for the\nremoval of property from the relinquished or licence area has\nbeen complied with, but damage to the area caused by the\nremoval of the property has not been made good to the\nsatisfaction of the Minister, the Minister may make good the\ndamage in such manner as he thinks fit; or\n(c) a direction referred to in section 28(1)(b) or (2)(b) has not\nbeen complied with, the Minister may do any of the things\nrequired by the direction to be done.\n\nEnergy Pipelines Act 1981 33\n(2) Where property has not been removed from the relinquished or\nlicence area in accordance with a direction under subsection (1)(a),\nthe Minister may:\n(a) remove, in such manner as he thinks fit, that property from the\narea;\n(b) dispose of, in such a manner as he thinks fit, any of that\nproperty; and\n(c) if he has served a copy of the instrument by which the\ndirection was given on a person whom he believed to be the\nowner of the property or part of the property, sell, by public\nauction or otherwise, as he thinks fit, any part of that property\nthat belongs, or that he believes to belong, to that person.\n(3) The Minister may deduct from the proceeds of a sale under\nsubsection (2) of property that belongs, or that he believes to\nbelong, to a person, any part of:\n(a) the costs and expenses incurred by the Minister under that\nsubsection in relation to that property;\n(b) the costs and expenses incurred by the Minister in relation to\nthe doing of any thing required by a direction under\nsection 28(1) or (2) to be done by that person; and\n(c) the fees or amounts due and payable under this Act by that\nperson.\n(4) Costs and expenses incurred by the Minister under subsection (2),\nif incurred in relation to:\n(a) the removal, disposal or sale of property or the making good\nof damage caused by the removal of property; or\n(b) the doing of a thing required by a direction under\nsection 28(1)(b) or (2)(b),\nare a debt due and payable by the person to whom the direction\nwas given to the Territory and, to the extent to which they are not\nrecovered under subsection (3), are recoverable in a court of\ncompetent jurisdiction.\n(5) Subject to subsection (4), no action lies in respect of the removal,\ndisposal or sale under this section of property.\n\nEnergy Pipelines Act 1981 34\n","sortOrder":33},{"sectionNumber":"30","sectionType":"section","heading":"Licence fees","content":"30 Licence fees\n(1) There is payable to the Minister by a licensee, at the times\nspecified in subsection (2), a licence fee prescribed by regulation.\n(2) The fee referred to in subsection (1) is payable on the expiration of\n28 days after:\n(a) in the case of the first year of the term of the licence – the day\non which that term commences; and\n(b) in the case of each year of the term of a licence other than the\nfirst – the anniversary of the day on which that term\ncommenced.\n","sortOrder":34},{"sectionNumber":"31","sectionType":"section","heading":"Penalty for late payment","content":"31 Penalty for late payment\nWhere the liability of a licensee to pay a fee referred to in\nsection 30 is not discharged at or before the time when the fee is\npayable, there is payable to the Minister by the licensee an\nadditional amount calculated at the rate of 0.33% per day upon the\namount of the whole fee from the time when the fee became\npayable until it is paid.\n","sortOrder":35},{"sectionNumber":"32","sectionType":"section","heading":"Fees and penalties debts due to Territory","content":"32 Fees and penalties debts due to Territory\nA fee under section 30, or an amount payable under section 31, is\na debt due and payable by the licensee to the Territory.\n","sortOrder":36},{"sectionNumber":"32A","sectionType":"section","heading":"Licence not personal property","content":"32A Licence not personal property\nFor section 8(1)(k) of the Personal Property Securities Act 2009\n(Cth), a licence is not personal property for that Act.\nNote for section 32A\nA law of the Commonwealth, a State or a Territory may declare a right, licence or\nauthority granted by or under that law not to be personal property for the Personal\nProperty Securities Act 2009 (Cth).\nPart IV Construction, operation and maintenance of\npipeline\n","sortOrder":37},{"sectionNumber":"34","sectionType":"section","heading":"Construction to comply with prescribed standards","content":"34 Construction to comply with prescribed standards\n(1) Subject to subsections (2) and (3) but notwithstanding any other\nrequirement of this Part, a pipeline shall be constructed in\naccordance with the prescribed standards, specifications and\nconditions and such other standards, specifications and conditions\nas are specified in the licence in respect of the pipeline.\n\nEnergy Pipelines Act 1981 35\n(2) Where there is a conflict between a prescribed standard or\nspecification and a standard or specification specified in the licence\nin respect of a pipeline, the latter shall prevail.\n(3) Where there is a conflict between a prescribed standard or\nspecification, or a standard or specification specified in the licence\nin respect of the pipeline, and a direction given under section 40(1)\nto the licensee, the direction shall prevail.\n","sortOrder":38},{"sectionNumber":"35","sectionType":"section","heading":"Restoration of agricultural land after construction","content":"35 Restoration of agricultural land after construction\n(1) Where a pipeline enters or crosses agricultural land, the licensee\nshall, at his expense, immediately after the completion of the\nconstruction of the part of the pipeline that enters or crosses that\nland, restore the land to enable it to be used as far as practicable\nfor the purposes for which it was used immediately before that\nconstruction.\n(2) Where a licensee fails to restore land, as required by\nsubsection (1), a person entitled to an interest in the land may\nrestore the land and recover from the licensee, in a court of\ncompetent jurisdiction, the expenses reasonably incurred by him in\ncarrying out that restoration.\n(3) The recovery of expenses under subsection (2) does not affect any\nright to compensation in respect of the land that the person who\nrestores land in accordance with that subsection, or any other\nperson, may have under this Act.\n(4) The Minister may, at any time, on the request of a person entitled\nto an interest in land, include among the conditions of the licence\naffecting that land such conditions as he thinks fit to ensure that the\nland is maintained in a suitable condition and that noxious weeds\nand vermin are controlled.\n","sortOrder":39},{"sectionNumber":"36","sectionType":"section","heading":"Pipeline crossing water","content":"36 Pipeline crossing water\nWhere the route of a pipeline is such that the pipeline passes over\nor under water, the pipeline shall be constructed over or under that\nwater in such a manner that the construction and the pipeline as\nconstructed will not unreasonably affect or impede anything or\nanyone lawfully using that water.\nMaximum penalty: 50 penalty units.\n\nEnergy Pipelines Act 1981 36\n","sortOrder":40},{"sectionNumber":"37","sectionType":"section","heading":"Ceasing to operate pipeline","content":"37 Ceasing to operate pipeline\n(1) Subject to subsection (2), except with the consent in writing of the\nMinister and subject to compliance with such conditions, if any, as\nare specified in the instrument of consent, a licensee shall operate\ncontinuously the pipeline specified in his licence.\n(2) It is not an offence against subsection (1) if the failure of the\nlicensee to operate the pipeline continuously:\n(a) was in the ordinary course of operating the pipeline;\n(b) was for the purpose of repairing or maintaining the pipeline; or\n(c) was in an emergency in which there was a likelihood of loss or\ninjury.\n","sortOrder":41},{"sectionNumber":"37A","sectionType":"section","heading":"Abandonment of pipeline","content":"37A Abandonment of pipeline\n(1) The owner of a pipeline who intends to abandon the pipeline must,\nnot later than 3 months after there ceases to be a licence in force in\nrelation to the pipeline, apply to the Minister in writing for approval\nto abandon the pipeline.\nMaximum penalty: In the case of a natural person – 20 penalty\n(2) The Minister may, after receiving an application under\nsubsection (1), by notice to the owner, approve, or refuse to\napprove, the abandonment of the pipeline specified in the notice on\nthe conditions, if any, specified in the notice.\n(3) An owner of a pipeline may only abandon the pipeline in\naccordance with:\n(a) the prescribed standards; and\n\nEnergy Pipelines Act 1981 37\n(b) the conditions, if any, specified in the notice under\nsubsection (2).\nMaximum penalty: In the case of a natural person – 10 penalty\nIn the case of a body corporate – 50 penalty\nunits and 10 penalty units for each day\n","sortOrder":42},{"sectionNumber":"38","sectionType":"section","heading":"Consent to commencement or resumption of operations or","content":"38 Consent to commencement or resumption of operations or\ntesting of pipeline\n(1) The Minister may, on application in writing served on the Minister\nby a licensee whose pipeline has not previously been in operation,\nif of the opinion that the pipeline is constructed to the required\nstandards and may with safety be tested, by instrument in writing\nserved on the licensee, consent to the testing of the pipeline.\n(1A) The Minister may, on application in writing, served on the Minister\nby a licensee who has ceased, otherwise than for a reason referred\nto in section 37(2) to operate a pipeline specified in the licence or\nwhose pipeline has not previously been in operation but has been\ntested in pursuance of subsection (1), if of the opinion that the\npipeline has been maintained or repaired or tested, as the case\nmay be, to the required standard and may safely be operated, by\ninstrument in writing served on the licensee, consent to the\ncommencement or resumption of operations, as the case may be.\n(2) A consent under subsection (1) or (1A) may be subject to such\nconditions, if any, as the Minister thinks fit and specifies in the\ninstrument of consent.\n(2A) Without limiting the generality of subsection (2), the Minister may\nrequire the licensee to take out and maintain a policy of insurance\nof a kind approved by the Minister against claims resulting from any\ninjury to a person or to land (including the licence area) or personal\nproperty as the result of anything done in pursuance or purported\npursuance of the licence or a condition of the licence or a direction\nor other authority under this Act, and to insure and indemnify the\nMinister and the Territory against any such claims.\n(3) A person must not:\n(a) test a pipeline;\n(b) allow the introduction of an energy-producing hydro-carbon\ninto a pipeline referred to in subsection (1A); or\n\nEnergy Pipelines Act 1981 38\n(c) operate a pipeline referred to in subsection (1A),\nexcept in accordance with a consent granted under this section.\n(4) In this section operate means deliver energy-producing hydro-\ncarbons at the point of outlet for commercial use or further delivery\nor processing.\n","sortOrder":43},{"sectionNumber":"38A","sectionType":"section","heading":"Statutory restrictions for purposes of Land Title Act 2000","content":"38A Statutory restrictions for purposes of Land Title Act 2000\n(1) The Minister cannot consent under section 38(1A) to the\ncommencement of operations in relation to a pipeline unless the\nlicensee has provided to the Minister:\n(a) detailed drawings of the pipeline as constructed, indicating\nwhere the pipeline is located and the 25 m wide corridor\nreferred to in section 66 in relation to the pipeline, that are\nsuitable for incorporation into a memorandum to be given by\nthe Minister under subsection (2); and\n(b) evidence that the licensee has given notice to each person\nwhose operations on or interest in the land shown in the\ndetailed drawings may be affected by the operation of\nsection 66 of the nature of the restrictions that are placed on\nthe use or occupation or any dealing with the land.\n(2) The Minister must, within 60 days after receiving information\nsupplied under subsection (1), lodge with the Registrar-General a\nmemorandum under section 35 of the Land Title Act 2000 in\nrelation to the land referred to in subsection (1)(a).\n","sortOrder":44},{"sectionNumber":"39","sectionType":"section","heading":"Duties of licensee in relation to pipeline","content":"39 Duties of licensee in relation to pipeline\nA licensee shall:\n(a) mark and keep marked, in the prescribed manner, the route of\nthe pipeline specified in his licence;\n(b) maintain the pipeline in good condition and repair;\n(c) not permit or suffer the waste or escape of any substance\nfrom the pipeline; and\n\nEnergy Pipelines Act 1981 39\n(d) remove from the licence area all structures, equipment and\nother property that are neither being used nor proposed to be\nused in connection with the operation of the pipeline.\n","sortOrder":45},{"sectionNumber":"40","sectionType":"section","heading":"Directions","content":"40 Directions\n(1) The Minister may, by instrument in writing served on a licensee,\ngive to the licensee directions as to any matter in respect of which\nregulations may be made under this Act.\n(2) A direction under subsection (1) has effect and shall be complied\nwith notwithstanding anything in the Regulations and, to the extent\nto which the Regulations are inconsistent with the direction, the\nlicensee to whom the direction is given is not obliged to comply with\nthe Regulations.\n(3) A licensee to whom a direction under subsection (1) is given shall\ncomply with and not contravene the direction.\n","sortOrder":46},{"sectionNumber":"41","sectionType":"section","heading":"Compliance with directions","content":"41 Compliance with directions\n(1) Where a person does not comply with a direction given to him\nunder this Act, the Minister may do all or any of the things required\nby the direction to be done.\n(2) Costs and expenses incurred by the Minister under subsection (1)\nin relation to a direction are a debt due and payable to the Territory\nby the person to whom the direction was given.\n(3) It is a defence to a prosecution for an offence of failing to comply\nwith a direction given to him under this Act or for the recovery of a\ndebt under subsection (2) if the person charged or against whom\nthe recovery action is taken, as the case may be, proves that he\ntook all reasonable steps to comply with the direction.\n\nEnergy Pipelines Act 1981 40\n","sortOrder":47},{"sectionNumber":"42","sectionType":"section","heading":"Directions as to conveyances of energy-producing hydro-","content":"42 Directions as to conveyances of energy-producing hydro-\ncarbons\n(1) Where:\n(a) a person, by instrument in writing served on a licensee,\nrequests the licensee to enter into an agreement for the\nconveyance of energy-producing hydro-carbons through the\npipeline specified in the licensee's licence; and\n(b) that person and the licensee do not, within 3 months after the\ninstrument is served on the licensee, enter into such an\nagreement,\nthat person may apply to the Minister for a direction under this\nsection.\n(1A) Subsection (1) does not apply in relation to a pipeline, or a part of a\npipeline, that is a covered pipeline within the meaning of the\nNational Gas (NT) Law as defined in the National Gas (Northern\nTerritory) Act 2008.\n(2) An application under this section:\nand\n(b) shall set out the matters that the applicant wishes the Minister\nto consider in relation to the application.\n(3) The Minister:\n(a) shall serve notice of an application under subsection (2) on\nthe licensee concerned;\n(b) may serve notice of the application on such other persons as\nhe thinks fit; and\n(c) shall specify in a notice served under this subsection a date\non or before which the licensee or other person, if any, on\nwhom the notice is served may submit to the Minister in\nwriting matters that he wishes the Minister to consider in\nconnection with the application.\n\nEnergy Pipelines Act 1981 41\n(4) After considering matters submitted to him under subsection (3) on\nor before the specified date and such other matters as he thinks fit,\nthe Minister, by instrument in writing served on the licensee and the\napplicant:\n(a) may give to the licensee and to the applicant, and may give to\nany other person lawfully entitled to use the pipeline, such\ndirections as he thinks fit for or in relation to the use of the\npipeline by the licensee, the applicant and such other person;\nor\n(b) may refuse the application.\n(5) Without limiting the generality of subsection (4), directions under\nsubsection (4)(a) may include a direction as to the amount to be\npaid to the licensee by the applicant and any other person lawfully\nentitled to use the pipeline.\n(6) A person to whom a direction under subsection (4) is given shall\ncomply with and not contravene the direction.\nMaximum penalty for an offence against subsection (6):\nIn the case of a natural person – 40 penalty\n200 penalty units and 10 penalty units for\neach day during which the offence\n","sortOrder":48},{"sectionNumber":"43","sectionType":"section","heading":"Power of Minister to ensure continued use of pipeline","content":"43 Power of Minister to ensure continued use of pipeline\n(1) Where a licence has, after completion of the construction of the\npipeline to which it relates:\n(a) expired and not been renewed;\n(b) been surrendered; or\n(c) been cancelled,\na person who wishes to operate the pipeline in the place of the\nformer licensee may apply to the Minister for a licence so to do.\n(2) An application for a licence under this section shall:\n(a) be made in a form and manner approved by the Minister; and\n\nEnergy Pipelines Act 1981 42\n(b) be accompanied by particulars of:\n(i) the pipeline which the applicant proposes to operate;\n(ii) the financial resources of the applicant;\n(iii) if the applicant is a corporation, each of the persons\nholding more than 5% of the issued shares in the\ncorporation and of a corporation deemed by section 50\nof the Corporations Act 2001 to be a related corporation;\nand\n(iv) any agreement made or proposed to be made with the\nformer licensee for the acquisition or use of the pipeline.\n(3) Where an applicant under subsection (1) has entered into\nnegotiations with the former licensee for the acquisition or use of\nthe pipeline the subject of the application but has been unable to\nreach agreement on the terms upon which he shall acquire or use\nthe pipeline, he shall inform the Minister of that fact when making\nthe application and may, if there are to his knowledge no other\npersons engaged in negotiations with the former licensee for the\noperation of the pipeline, request the Minister to issue directions\nunder this section and submit to the Minister in writing any matters\nwhich he wishes the Minister to consider in connection with the\nrequest.\n(4) On receipt of a request under subsection (3), the Minister:\n(a) shall serve notice of the request on the former licensee;\n(b) may serve notice of the request on such other persons as he\nthinks fit; and\n(c) shall specify in the notice served under this subsection a date\non or before which the former licensee or other person, if any,\non whom a notice is served may submit to the Minister, in\nwriting, matters which he wishes the Minister to consider in\nconnection with the request.\n(5) Subject to subsections (5A) and (6), the Minister may, where an\napplication under subsection (2) does not include a request under\nsubsection (3), either:\n(a) grant a licence; or\n(b) refuse to grant a licence.\n\nEnergy Pipelines Act 1981 43\n(5A) The Minister must not grant a licence under subsection (5) unless\nsufficient to accommodate the pipeline.\n(6) A licence granted under this section may be subject to such\nconditions applicable to a licence granted under Part III as the\nMinister thinks fit and specifies in the licence.\n(7) Where an application under subsection (2) includes a request\nunder subsection (3), the Minister, if satisfied that there are no\nother persons engaged in negotiations with the former licensee for\nthe operation of the pipeline and, after considering matters\nsubmitted to him under subsection (4)(c) on or before the specified\ndate and such other matters as he thinks fit, may, by instrument in\nwriting served on the applicant and the former licensee:\n(a) give notice to the applicant and the former licensee requiring\nthem to continue their negotiations for such further period, not\nexceeding 3 months, as he specifies in the instrument; or\n(b) give to the applicant and to the former licensee such\ndirections as he thinks fit for and in relation to the operation of\nthe pipeline by the applicant,\nand at the same time, or at the expiration of the period specified in\nparagraph (a), he may:\n(c) refuse to grant a licence; or\n(d) grant a licence.\n(8) Where, at the expiration of 3 months after the expiry, surrender or\ncancellation of a licence, 2 or more persons have entered into\nnegotiations with the former licensee for the acquisition or use of\nthe pipeline but no agreement has been reached as to the terms\nupon which the pipeline may be used or acquired by any of them,\nthe Minister may, by instrument in writing served on the former\nlicensee, require the former licensee to submit to him such\nparticulars of the negotiations as he specifies in the instrument and\nthe Minister may, on receipt of the required particulars and after\nobtaining the comments of the other parties to those negotiations,\nissue to the former licensee and to all or any of the other parties to\nthe negotiations, such directions in respect of the terms on which\nthe pipeline may be acquired or used as the Minister thinks fit.\n(9) Without limiting the generality of subsection (7) or (8), directions\nunder subsection (7)(b) may include a direction as to the amount to\nbe paid to the former licensee for the use of the pipeline.\n\nEnergy Pipelines Act 1981 44\n(10) A person to whom a direction under subsection (7) or (8) is given\nshall comply with and not contravene the direction.\nMaximum penalty: In the case of a natural person – 40 penalty\n200 penalty units and 10 penalty units for\neach day during which the offence\n(11) If, in the circumstances referred to in subsection (1):\n(a) there is no applicant for a licence to operate the pipeline;\n(b) the Minister refuses to issue a licence to an applicant to\noperate the pipeline, and there are no other applicants; or\n(c) an applicant, having made a request to the Minister under\nsubsection (3) for directions, is unable to comply with the\ndirections of the Minister, and there are no other applicants,\nthe Minister may make such arrangements as he thinks fit for the\noperation of the pipeline by or on behalf of the Territory.\nPart V Registration of licences and related\ninstruments\n","sortOrder":49},{"sectionNumber":"44","sectionType":"section","heading":"Register of licences","content":"44 Register of licences\n(1) For the purposes of this Part, but subject to subsection (7), the\nRegistrar shall keep a register of permits and licences.\n(1A) The register may be kept:\n(a) in the form or combination of forms;\n(b) on the medium or combination of mediums, including but not\nlimited to a computer, micro film or paper; and\n(c) in the manner,\nthat the Minister thinks fit.\n\nEnergy Pipelines Act 1981 45\n(2) Subject to subsection (4), the Registrar shall enter or cause to be\nentered in the register a memorial in respect of each permit or\nlicence:\n(a) specifying the name of the holder of the permit or licence;\n(b) in the case of a permit, setting out particulars of the land in\nrespect of which the permit is granted;\n(c) setting out an accurate description (including a map) of the\nlicence area, the route of the pipeline authorized by the\nlicence and the situation of all fittings, pumps, tanks,\nappurtenances and appliances used or to be used in\nconnection with each pipeline;\n(d) specifying the term of the permit or licence; and\n(e) setting out such other matters as are required by this Part to\nbe entered in the register.\n(3) Subject to subsection (4), the Registrar shall cause to be entered in\nthe register a memorial of:\n(a) all instruments varying, cancelling, surrendering or otherwise\naffecting a permit or licence;\n(b) all instruments varying or revoking an instrument referred to in\nparagraph (a); and\n(c) the expiration of a permit or licence.\n(4) It is a sufficient compliance with the requirements of subsection (2)\nor (3) if the Registrar causes a copy of the permit, licence or\ninstrument to be entered in the register.\n(5) Subject to section 46(1), the registration of a permit, licence or\ninstrument is effective as soon as a memorial complying with\nsubsection (2) or (3), as the case may be, or a copy of the permit,\nlicence or instrument, has been entered in the register.\n(6) The Registrar shall endorse on each memorial or copy of a\nregistered permit, licence or instrument a memorandum of the date\nupon which the memorial or copy referred to in subsection (5) was\nentered in the register.\n(7) This section does not apply to or in relation to the transfer of a\npermit or licence.\n\nEnergy Pipelines Act 1981 46\n","sortOrder":50},{"sectionNumber":"45","sectionType":"section","heading":"Minister may require registration of information","content":"45 Minister may require registration of information\nWhere the Minister is of the opinion that it is in the public interest\nso to do, he may direct the Registrar to enter in the register such\ninformation as the Minister thinks fit in relation to a permittee or\nlicensee as to the terms and conditions of the permit or licence, and\nthe Registrar shall register that information accordingly.\n","sortOrder":51},{"sectionNumber":"46","sectionType":"section","heading":"Approval and registration of transfer","content":"46 Approval and registration of transfer\n(1) A transfer of a licence is of no effect until it has been approved by\nthe Minister and is registered under this section.\n(2) A registered holder who desires to transfer a licence to another\nperson, or to himself and another person jointly, may make an\napplication for the Minister's approval of the transfer of the licence.\n(3) An application under this section shall be served on the Registrar\nand shall be accompanied by an instrument of transfer of the\nlicence in the prescribed form duly executed by the transferor and\ntransferee, together with a copy of that instrument.\n(4) On receipt of an application under this section, the Registrar shall\ncause to be entered in the register a memorandum of the date on\nwhich the application was served on him and shall make such other\nnotations in the register as the Minister directs.\n(5) As soon as practicable after the Registrar receives an application\nunder this section he shall forward it to the Minister for the\nMinister's approval.\n(6) The Minister shall not approve the transfer of a licence unless it is\nan absolute transfer of the whole of the transferor's interest in the\nlicence.\n(7) Subject to subsection (6), the Minister may:\n(a) approve an application under this section;\n(b) by instrument in writing served on the transferor, inform the\ntransferor that he is prepared to approve the application if the\ntransferee, within such time as is specified in the instrument,\nlodges with the Minister security in such amount, and in such\nform, as is specified in the instrument or takes out and\nmaintains a policy of insurance of a kind approved by the\nMinister for the purposes referred to in section 38(2A), or\nboth; or\n(c) refuse the application.\n\nEnergy Pipelines Act 1981 47\n(8) Where:\n(a) the Minister has, under subsection (7)(b), informed the\ntransferor that the transferee will be required to lodge a\nsecurity; and\n(b) the transferee has lodged that security with the Minister within\nthe specified time,\nthe Minister shall approve the application.\n(9) If the Minister approves an application under this section, the\nRegistrar shall forthwith endorse on the instrument of transfer and\non the copy a memorandum of approval and, on payment of the fee\nprescribed by regulation, shall enter in the register a memorandum\nof the transfer and the name of the transferee.\n(10) Upon the entry in the register of a memorandum of approval\nreferred to in subsection (9), the transferee becomes the registered\nholder of the licence to which the instrument of transfer relates.\n(11) The copy of an instrument of transfer endorsed with the\nmemorandum of approval referred to in subsection (9) shall be\nretained by the Registrar and is subject to inspection in accordance\nwith this Part.\n(12) An instrument of transfer endorsed as required by subsection (10)\nshall be returned to the person who lodged the application under\nsubsection (2).\n","sortOrder":52},{"sectionNumber":"47","sectionType":"section","heading":"Entries in register on devolution of rights of registered holder","content":"47 Entries in register on devolution of rights of registered holder\n(1) A person upon whom the rights of a registered holder of a permit or\nlicence have devolved by operation of law may apply in writing to\nthe Minister to have his name entered in the register as the holder\nof the permit or licence.\n(2) Where the Minister is satisfied that the interests of the holder of a\npermit or licence have devolved by operation of law upon a person\nwho has made an application under subsection (1), the Registrar\nmay, on payment of the fee prescribed by regulation, cause the\nname of the applicant to be entered in the register as the holder of\nthe permit or licence.\n","sortOrder":53},{"sectionNumber":"48","sectionType":"section","heading":"Dealing with interests to be in writing","content":"48 Dealing with interests to be in writing\nA legal or equitable interest in or affecting an existing or future\nlicence is not capable of being created, assigned, affected or dealt\nwith, whether directly or indirectly, except by an instrument in\nwriting.\n\nEnergy Pipelines Act 1981 48\n","sortOrder":54},{"sectionNumber":"49","sectionType":"section","heading":"Approval and registration of instrument creating, &c., interests","content":"49 Approval and registration of instrument creating, &c., interests\n(1) This section applies to an instrument by which a legal or equitable\ninterest affecting a licence is or may be created, assigned, affected\nor dealt with, whether directly or indirectly, not being an instrument\nof transfer to which section 46 applies.\n(2) An instrument to which this section applies is of no force or effect\nuntil:\n(a) the instrument has been approved by the Minister; and\n(b) an entry of the approval of the instrument has been made in\nthe register in accordance with subsection (8).\n(3) A party to an instrument to which this section applies, or a person\nhaving an interest in or in relation to a licence by reason of such an\ninstrument, may make an application for the Minister's approval of\nthe instrument.\n(4) An application under this section shall be served on the Registrar\nand shall be accompanied by the instrument and a copy of the\ninstrument.\n(5) On receipt of an application under this section, the Registrar shall\ncause to be entered in the register a memorandum of the date on\nwhich the application was served on him and shall make such other\nnotations in the register as the Minister directs.\n(6) As soon as practicable after the Registrar receives an application\nunder this section he shall forward it to the Minister for the\nMinister's approval.\n(7) The Minister may approve or refuse an application under this\nsection.\n(8) If the Minister approves an application under this section, the\nRegistrar shall forthwith cause to be endorsed on the original\ninstrument and on the copy a memorandum of approval and, on\npayment of the fee prescribed by regulation, cause an entry of the\napproval of the instrument to be made in the register on the\nmemorial relating to, or a copy of, the licence to which the\ninstrument relates.\n(9) The copy of the instrument to which this section applies, endorsed\nwith the memorandum of approval referred to in subsection (8),\nshall be retained by the Registrar and is subject to inspection in\naccordance with this Part.\n\nEnergy Pipelines Act 1981 49\n(10) The original of an instrument to which this section applies,\nendorsed as required by subsection (8), shall be returned to the\nperson who lodged the application under this section.\n(11) If the Minister refuses an application under this section, the\nRegistrar shall cause a notation of the refusal to be made in the\nregister.\n","sortOrder":55},{"sectionNumber":"50","sectionType":"section","heading":"True consideration to be shown","content":"50 True consideration to be shown\nA party to a transfer referred to in section 46 or to an instrument to\nwhich section 49 applies, shall not execute the transfer or\ninstrument unless the transfer or instrument fully and truly sets out\nthe true consideration for the transfer or instrument and all other\nfacts and circumstances, if any, affecting the amount of stamp duty\npayable under the Stamp Duty Act 1978 in respect of the transfer\nor instrument.\nMaximum penalty: 100 penalty units.\n","sortOrder":56},{"sectionNumber":"51","sectionType":"section","heading":"Minister not concerned with certain matters","content":"51 Minister not concerned with certain matters\nNeither the Minister nor the Registrar, nor a person acting under\nthe direction or authority of either the Minister or the Registrar, is\nconcerned with the effect in law of an instrument lodged under this\nPart with the Registrar nor does the approval of an instrument give\nto it any force, effect or validity that it would not have had if this Part\nhad not been in force.\n","sortOrder":57},{"sectionNumber":"52","sectionType":"section","heading":"Power of Minister to require information as to proposed","content":"52 Power of Minister to require information as to proposed\ndealings\n(1) The Minister may require a person lodging an instrument requiring\napproval under this Part to furnish to him in writing such information\nconcerning the instrument, or the transaction to which the\ninstrument relates, as the Minister thinks fit.\n(2) A person who is required under subsection (1) to furnish\ninformation shall not furnish information that is false or misleading\nin a material particular.\n\nEnergy Pipelines Act 1981 50\n","sortOrder":58},{"sectionNumber":"53","sectionType":"section","heading":"Production and inspection of books, records and documents","content":"53 Production and inspection of books, records and documents\n(1) The Minister may require a person to produce to him or make\navailable for inspection by him or a person authorized by him any\nbooks, records, documents, maps or plans in the possession or\nunder the control of the first-mentioned person and relating to an\ninstrument requiring approval under this Part or to the transaction to\nwhich such an instrument relates.\n(2) A person shall not fail or refuse to comply with a requirement made\nof him under subsection (1).\nMaximum penalty: In the case of a natural person – 10 penalty\n","sortOrder":59},{"sectionNumber":"54","sectionType":"section","heading":"Inspection of register and documents","content":"54 Inspection of register and documents\n(1) Subject to subsection (2), the register and all instruments registered\nunder this Part shall, at all convenient times, be open for inspection\nby any person upon payment of the fee prescribed by regulation.\n","sortOrder":60},{"sectionNumber":"55","sectionType":"section","heading":"Evidentiary provisions","content":"55 Evidentiary provisions\n(1) The register shall be received by all courts and tribunals as\nevidence of all matters required or authorized by this Part to be\nentered in the register.\n(2) The Minister may, on payment of the fee prescribed by regulation,\nsupply copies of, or extracts from, the register, or of or from an\ninstrument lodged under this Part, certified by writing under his\nhand, and a copy or extract so certified is admissible as evidence in\nall courts and proceedings without further proof or production of the\noriginal.\n(3) The Minister may, on payment of the fee prescribed by regulation,\nby instrument in writing under his hand, certify that an entry, matter\nor thing required or permitted by or under this Part to be made or\ndone has or has not, as the case may be, been made or done and\nsuch a certificate is evidence in all courts and proceedings of the\nstatements contained in the certificate.\n","sortOrder":61},{"sectionNumber":"56","sectionType":"section","heading":"Rectification of register","content":"56 Rectification of register\n(1) A person aggrieved by:\n(a) the omission of an entry from the register;\n\nEnergy Pipelines Act 1981 51\n(b) an entry made in the register without sufficient cause;\n(c) an entry wrongly existing in the register; or\n(d) an error or defect in an entry in the register,\nmay apply to the Tribunal for an order directing the rectification of\nthe register and the Tribunal may make such order as it thinks fit.\n(2) The Tribunal may, in proceedings under this section, decide any\nquestion that it is necessary or expedient to decide in connection\nwith the rectification of the register.\n(3) Notice of an application under subsection (1) shall be given to the\nMinister, who may appear and be heard, and who shall appear if so\ndirected by the Tribunal.\n(4) An office copy of an order made under this section by the Tribunal\nmay be served on the Minister and the Minister shall, upon receipt\nof the order, cause the register to be rectified accordingly.\n","sortOrder":62},{"sectionNumber":"57","sectionType":"section","heading":"Minister not liable to certain actions","content":"57 Minister not liable to certain actions\nSubject to section 58, neither the Minister nor the Registrar, nor a\nperson acting under the direction or authority of either the Minister\nor the Registrar, is liable to an action, suit or proceeding for or in\nrespect of an act done or omission made in good faith in the\nexercise or purported exercise of a power or authority conferred by\nthis Part.\n","sortOrder":63},{"sectionNumber":"58","sectionType":"section","heading":"Offences","content":"58 Offences\nA person who wilfully:\n(a) makes, causes to be made or concurs in making a false entry\nin the register; or\n(b) produces or tenders in evidence a document falsely\npurporting to be a copy of or extract from an entry in the\nregister or of or from an instrument lodged with the Minister\nunder this Part,\nis guilty of an offence.\n500 penalty units or 2 years imprisonment.\n2500 penalty units.\n\nEnergy Pipelines Act 1981 52\n","sortOrder":64},{"sectionNumber":"58A","sectionType":"section","heading":"Application","content":"58A Application\nThis Part does not apply in relation to a substance that is\nprescribed under the Waste Management and Pollution Control\nAct 1998 to be an ozone-depleting substance.\n","sortOrder":65},{"sectionNumber":"58B","sectionType":"section","heading":"Interpretation","content":"58B Interpretation\n(1) In this Part, unless the contrary intention appears:\ncontaminant means a solid, liquid or gas or any combination of\nthose substances and includes:\n(a) noise, odour and heat;\n(b) a prescribed substance or prescribed class of substances;\nand\n(c) a substance having a prescribed property or prescribed class\nof properties.\nenvironment means land, air, water, organisms and ecosystems\nand includes:\n(a) the well-being of humans;\n(b) structures made or modified by humans;\n(c) the amenity values of an area; and\n(d) economic, cultural and social conditions.\nenvironmental harm means:\n(a) any harm to or adverse effect on the environment; or\n(b) any potential harm (including the risk of harm and future\nharm) to or potential adverse effect on the environment,\nof any degree or duration and includes environmental nuisance.\nenvironmental nuisance, in relation to land, means:\n(a) an adverse effect on the amenity of the land caused by noise,\nsmoke, dust, fumes or odour; or\n\nEnergy Pipelines Act 1981 53\n(b) an unsightly or offensive condition on the land.\nland includes water and air on, above or under land.\nmaterial environmental harm means environmental harm that:\n(a) is not trivial or negligible in nature;\n(b) consists of an environmental nuisance of a high impact or on\na wide scale;\n(c) results, or is likely to result, in not more than $50,000 or the\nprescribed amount (whichever is greater) being spent in taking\nappropriate action to prevent or minimise the environmental\nharm or rehabilitate the environment; or\n(d) results in actual or potential loss or damage to the value of not\nmore than $50,000 or the prescribed amount (whichever is\ngreater).\nserious environmental harm means environmental harm that is\nmore serious than material environmental harm and includes\nenvironmental harm that:\n(a) is irreversible or otherwise of a high impact or on a wide scale;\n(b) damages an aspect of the environment that is of a high\nconservation value, high cultural value or high community\nvalue or is of special significance;\n(c) results or is likely to result in more than $50,000 or the\nprescribed amount (whichever is greater) being spent in taking\nappropriate action to prevent or minimise the environmental\nharm or rehabilitate the environment; or\n(d) results in actual or potential loss or damage to the value of\nmore than $50,000 or the prescribed amount (whichever is\ngreater).\nwaste material means:\n(a) a solid, liquid or gas; or\n(b) a mixture of those substances,\nthat is left over, surplus or is an unwanted by-product and includes\na prescribed substance or class of substances.\n\nEnergy Pipelines Act 1981 54\n(2) For the purposes of this Part, loss, in relation to an act or failure to\nact, includes the reasonable costs and expenses that would be\nincurred in taking all reasonable and practicable measures:\n(a) to prevent or mitigate environmental harm caused by or\nresulting from the act or failure to act; and\n(b) to make good environmental harm resulting from the act or\nfailure to act.\n(3) For the purposes of this Part, environmental harm may be caused\nby an act or failure to act whether the harm:\n(a) is caused directly or indirectly or is a direct or indirect result of\nthe act or failure to act; or\n(b) results from, or is caused by, the act or failure to act alone or\nfrom the combined effects of the act or failure to act and other\nfactors.\n","sortOrder":66},{"sectionNumber":"58C","sectionType":"section","heading":"General environmental offences","content":"58C General environmental offences\n(1) A person must not, during the conduct of an operation authorised\nunder this Act, intentionally do an act, or fail to do an act, that\ncauses the release of a contaminant or waste from a pipeline if:\n(b) the contaminant or waste causes serious environmental harm\nPenalty: environmental offence level 1.\n(2) A person must not, during the conduct of an operation authorised\nrelease of a contaminant or waste from a pipeline if:\n(b) the contaminant or waste causes serious environmental harm\nPenalty: environmental offence level 2.\n\nEnergy Pipelines Act 1981 55\n(3) A person must not, during the conduct of an operation authorised\nunder this Act, intentionally do an act, or fail to do an act, that\ncauses the release of a contaminant or waste from a pipeline if:\n(b) the contaminant or waste causes material environmental harm\nto land all of which is within one kilometre of a pipeline.\nPenalty: environmental offence level 2.\n(4) A person must not, during the conduct of an operation authorised\nrelease of a contaminant or waste from a pipeline if:\n(b) the contaminant or waste causes material environmental harm\nPenalty: environmental offence level 3.\n(5) A person must not, during the conduct of an operation authorised\nrelease of a contaminant or waste from a pipeline, if the\ncontaminant or waste causes an environmental nuisance to land all\nof which is within one kilometre of the pipeline.\nPenalty: environmental offence level 4.\n","sortOrder":67},{"sectionNumber":"58D","sectionType":"section","heading":"Defences to general environmental offences","content":"58D Defences to general environmental offences\n(1) It is a defence to a prosecution for an offence against section 58C if\nit is proved that the act or failure to act was authorised under an\nAct.\n(2) It is a defence to a prosecution for an offence against section 58C if\nit is proved that the alleged offence did not result from a failure on\nthe defendant's part to exercise reasonable diligence.\n\nEnergy Pipelines Act 1981 56\n(3) It is a defence to a prosecution for an offence against section 58C\nin relation to a particular contaminant or waste material if it is\nproved the defendant complied with:\n(a) a provision of an environment protection objective within the\nmeaning of the Waste Management and Pollution Control\nAct 1998; or\n(b) a condition of an approval, permit, lease, licence or\nauthorisation under an Act,\nthat fixed maximum allowable levels for the particular contaminant\nor waste material.\n","sortOrder":68},{"sectionNumber":"58E","sectionType":"section","heading":"Alternative verdicts available","content":"58E Alternative verdicts available\nIn a proceeding for an offence against:\n(a) section 58C(1) – the person charged with the offence may be\nfound guilty alternatively of an offence against section 58C(2),\n(3), (4) or (5);\n(b) section 58C(2) – the person charged with the offence may be\nfound guilty alternatively of an offence against section 58C(3),\n(4) or (5);\n(c) section 58C(3) – the person charged with the offence may be\nfound guilty alternatively of an offence against section 58C(4)\nor (5); or\n(d) section 58C(4) – the person charged with the offence may be\nfound guilty alternatively of an offence against section 58C(5).\n","sortOrder":69},{"sectionNumber":"58F","sectionType":"section","heading":"Actions etc. of employee or agent of body corporate are those","content":"58F Actions etc. of employee or agent of body corporate are those\nof body corporate\n(1) If in proceedings for an offence against this Part it is necessary to\nestablish the state of mind of a body corporate in relation to\nparticular conduct, it is sufficient to show:\n(a) that the conduct was engaged in by a director, manager,\nemployee or agent of the body corporate within the scope of\nhis or her actual or apparent authority; and\n(b) that the director, manager, employee or agent had the\nrelevant state of mind.\n\nEnergy Pipelines Act 1981 57\n(2) For the purposes of a prosecution for an offence against this Part,\nconduct engaged in on behalf of a body corporate by a director,\nmanager, employee or agent of the body corporate within the\nscope of his or her actual or apparent authority is taken to have\nbeen engaged in also by the body corporate.\n(3) For the purposes of this section, a reference to engaging in conduct\nis to be read as including a reference to failing or refusing to\nengage in conduct.\n","sortOrder":70},{"sectionNumber":"58G","sectionType":"section","heading":"Criminal liability of executive officer of body corporate","content":"58G Criminal liability of executive officer of body corporate\n(1) An executive officer of a body corporate commits an offence if:\n(a) the body corporate commits an offence by contravening a\ndeclared provision (a relevant offence) and the officer knew,\nor could reasonably have been expected to have known, that\nthe contravention would happen; and\n(b) the officer was in a position to influence the conduct of the\nbody corporate in relation to the contravention; and\n(c) the officer failed to take reasonable steps to prevent the\ncontravention.\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n(2) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's employees, agents and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared provision;\n(b) any action the officer took when the officer became aware that\nthe contravention was, or could be, about to happen.\n\nEnergy Pipelines Act 1981 58\n(3) Subsection (2) does not limit the matters the court may consider.\n(4) This section does not affect the liability of the body corporate.\n(5) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the relevant offence.\n(6) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n(7) In this section:\ndeclared provision means:\n(a) section 12(1) or (2), 15A(6), 26(2), 28(4), 37(1), 37A(1) or (3),\n38(3), 39, 40(3), 42(6), 65 or 66(1), (2), (3) or (5); or\n(b) a provision of the Regulations prescribed by regulation.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n","sortOrder":71},{"sectionNumber":"58H","sectionType":"section","heading":"Liability for managers, employees and agents","content":"58H Liability for managers, employees and agents\n(1) For the purposes of a prosecution for an offence against this Part,\nconduct engaged in on behalf of a person other than a body\ncorporate (in this section called the employer) by a manager,\nemployee or agent of the person within the scope of his or her\nactual or apparent authority is taken to have been engaged in also\nby the employer.\n(2) An employer may be proceeded against and found guilty under a\nprovision in pursuance of subsection (1), whether or not the\nmanager, employee or agent has been proceeded against or found\nguilty of an offence against that provision.\n(3) It is a defence to a prosecution for an offence committed by virtue\nof subsection (1) if the defendant establishes that:\n(a) the person who committed the offence that the defendant is to\nbe taken to have committed under subsection (1) had, under\nthis Act, a defence to the offence that the defendant is, apart\nfrom this subsection, to be taken to have committed;\n(b) the act or omission that constituted the offence took place\nwithout the defendant's authority, permission or consent;\n\nEnergy Pipelines Act 1981 59\n(c) the defendant did not know, and ought not reasonably be\nexpected to have known, the offence was to be or was being\ncommitted and took all reasonable steps to prevent or stop\nthe commission of the offence or a similar offence; or\n(d) the defendant could not by the exercise of reasonable\ndiligence have prevented the commission of the offence by\nthe person who committed the offence.\n(4) Despite anything in this Act or the Environmental Offences and\nPenalties Act 1996, a person is not liable to be punished by\nimprisonment for an offence if the person would not have been\nfound guilty of the offence except for subsection (1).\n(5) For the purposes of this section, a reference to engaging in conduct\nis to be read as including a reference to failing or refusing to\nengage in conduct.\n","sortOrder":72},{"sectionNumber":"59","sectionType":"section","heading":"Pipeline is not a fixture","content":"59 Pipeline is not a fixture\nA pipeline is not a fixture of the land:\n(a) to which it is attached; or\n(b) through, under, on, across or above which it is constructed.\n","sortOrder":73},{"sectionNumber":"59A","sectionType":"section","heading":"Licensee not required to own pipeline","content":"59A Licensee not required to own pipeline\nNothing in this Act is to be taken to imply that the holder of a\nlicence in relation to a pipeline must be the owner of the pipeline.\n","sortOrder":74},{"sectionNumber":"60","sectionType":"section","heading":"Notices of grants, &c., of licences to be published","content":"60 Notices of grants, &c., of licences to be published\nThe Minister shall cause to be published in the Gazette such\nparticulars as he thinks fit of the grant, renewal, variation, surrender\nor expiration of a licence.\n","sortOrder":75},{"sectionNumber":"61","sectionType":"section","heading":"Address for service","content":"61 Address for service\nEvery licensee shall forward to the Minister an address for service\nof notices, orders and directions under this Act.\n","sortOrder":76},{"sectionNumber":"62","sectionType":"section","heading":"Delegations by Minister","content":"62 Delegations by Minister\n(1) The Minister may, by instrument in writing, delegate to a person\nany of his powers and functions under this Act, other than this\npower of delegation.\n\nEnergy Pipelines Act 1981 60\n(2) A power or function delegated under this section, when exercised\nor performed by the delegate shall, for the purposes of this Act, be\ndeemed to have been exercised or performed by the Minister.\n(3) A delegation under this section does not prevent the exercise of a\npower or the performance of a function by the Minister.\n","sortOrder":77},{"sectionNumber":"63","sectionType":"section","heading":"Inspectors","content":"63 Inspectors\n(1) The Minister may, by instrument in writing, appoint a person to be\nan inspector for the purposes of this Act.\n(2) The Minister may furnish to an inspector a certificate stating that he\nis an inspector for the purposes of this Act.\n(3) Where the appointment of a person under subsection (1) expires or\nis revoked, that person shall forthwith surrender to the Minister the\ncertificate furnished to him under subsection (2).\nMaximum penalty: 20 penalty units.\n(4) An offence of contravening or failing to comply with subsection (3)\nis a regulatory offence.\n","sortOrder":78},{"sectionNumber":"63A","sectionType":"section","heading":"No action against inspector or assistants","content":"63A No action against inspector or assistants\nNo action or proceedings, civil or criminal, shall lie against an\ninspector, or a person assisting an inspector, for or in relation to an\nact or thing done in good faith and in his or her capacity as an\ninspector or a person assisting an inspector, as the case may be.\n","sortOrder":79},{"sectionNumber":"64","sectionType":"section","heading":"Powers of inspectors","content":"64 Powers of inspectors\n(1A) An inspector has such powers as are given to him by or under this\nAct.\n(1) For the purposes of this Act and the Regulations, an inspector, at\nall reasonable times and on production of the certificate furnished\nto him under section 63(2):\n(a) may enter land in respect of which a permit is in force or a\nlicence area;\n(b) may inspect and test a pipeline or apparatus or works;\n(c) may take samples of a substance being conveyed by a\npipeline; and\n(d) may require a permittee, licensee or any other person who\nhas the custody of any books, records, documents, maps or\n\nEnergy Pipelines Act 1981 61\nplans relating to a pipeline or proposed pipeline, to produce to\nhim those books, records, documents, maps or plans and\nmay inspect, take extracts from and make copies of any of\nthose books, records, documents, maps or plans.\n(2) A person who is the occupier or person in charge of a building,\nstructure or place shall provide an inspector with all reasonable\nfacilities and assistance for the effective exercise of his powers.\nMaximum penalty: In the case of a natural person – 50 penalty\n250 penalty units.\n(3) A person shall not, without reasonable excuse, obstruct or hinder\nan inspector in the exercise of his powers.\n500 penalty units.\n2500 penalty units.\n","sortOrder":80},{"sectionNumber":"64A","sectionType":"section","heading":"Inspector may cause certain work to stop","content":"64A Inspector may cause certain work to stop\n(1) Where, in the opinion of an inspector, work of any kind being\ncarried out on land within a corridor 25 m in width having as its\ncentre line an imaginary line connecting markers erected in\naccordance with directions given under section 40, or as\nprescribed, marking the position of a pipeline in respect of which a\nlicence is in force, other than work being carried out:\n(a) by or on behalf, and under the supervision, of the licensee; or\n(b) under, and in accordance with the conditions of, a consent\nreferred to in section 66A,\nmay cause damage to the pipeline, he may direct the person\ncarrying out the work to cease carrying out that work.\n(2) A person directed under subsection (1) shall comply with and not\ncontravene the direction.\n200 penalty units or 5 years imprisonment.\n\nEnergy Pipelines Act 1981 62\n","sortOrder":81},{"sectionNumber":"65","sectionType":"section","heading":"Theft from pipeline","content":"65 Theft from pipeline\nA person who maliciously or fraudulently:\n(a) abstracts;\n(b) causes to be wasted or diverted; or\n(c) consumes or uses,\nany energy-producing hydro-carbon being conveyed by means of a\npipeline, is guilty of an offence.\nMaximum penalty: Imprisonment for 10 years.\n","sortOrder":82},{"sectionNumber":"66","sectionType":"section","heading":"Threat to pipeline","content":"66 Threat to pipeline\n(1) A person who, on land within a corridor 25 m in width having as its\ncentre line an imaginary line connecting markers erected in\naccordance with directions given under section 40, or as\nprescribed, marking the position of a pipeline in respect of which a\nlicence is in force:\n(a) excavates, bores or otherwise opens up or disturbs, or\ncompacts by mechanical means, the land; or\n(b) except when using a public road, or a public or private right of\nway on which such a thing is permitted, brings onto or across\nthe land, or causes or allows to be brought onto or across the\nland, a vehicle, trailer, engine, carriage, compacting machine\nor mobile structure or a thing of a similar kind,\nwithout the consent of the licensee of the pipeline, an inspector, the\nMinister or the delegate of the Minister is guilty of an offence.\nMaximum penalty: In the case of an offence against\nparagraph (a) committed by a natural\nperson – 200 penalty units or 5 years\nimprisonment.\nparagraph (a) committed by a body\ncorporate – 1000 penalty units.\nparagraph (b) committed by a natural\nperson – 100 penalty units or 6 months\nimprisonment.\nparagraph (b) committed by a body\ncorporate – 500 penalty units.\n\nEnergy Pipelines Act 1981 63\n(2) A person who unlawfully damages, or interferes with the operation\nof, a pipeline is guilty of an offence.\n200 penalty units or 5 years imprisonment.\n(3) A person must not lay or detonate explosives on land within a\nlicence corridor except with the consent of the Minister or the\nlicensee of the pipeline that is within the licence corridor.\nMaximum penalty: In the case of a natural person – 50 penalty\nunits or 2 years imprisonment.\n(4) For the purposes of subsection (3), licence corridor means a\ncorridor 64 m in width having as its centre line an imaginary line\nconnecting markers erected in accordance with directions given\nunder section 40, or as prescribed, marking the position of a\npipeline in respect of which a licence is in force.\n(5) A person must not within 200 m of a pipeline in relation to which a\nlicence is in force:\n(a) drop or drag an anchor; or\n(b) perform an action that could damage the pipeline,\nexcept with the consent of the licensee of the pipeline, an\ninspector, the Minister or a delegate of the Minister.\n500 penalty units.\n","sortOrder":83},{"sectionNumber":"67","sectionType":"section","heading":"Continuing offences","content":"67 Continuing offences\n(1) Where an offence is committed by a person by reason of his failure\nto comply, within the period specified in a direction given to him\nunder this Act or the Regulations, with the requirements specified in\nthe direction, the offence, for the purposes of subsection (3), shall\nbe deemed to continue so long as any requirement specified in the\ndirection remains not done, notwithstanding that the period has\nelapsed.\n\nEnergy Pipelines Act 1981 64\n(2) Where an offence is committed by a person by reason of his failure\nto comply with a provision of this Act or the Regulations, the\noffence, for the purposes of subsection (3), shall be deemed to\ncontinue so long as that failure continues, notwithstanding that a\nperiod within which the act was required to be done has elapsed.\n(3) Where, under subsection (1) or (2), an offence is deemed to\ncontinue, the person who committed the offence commits an\nadditional offence against this Act and the Regulations on each day\nduring which the offence is deemed to continue and, subject to a\ncontrary intention in the provision against which the offence was\ncommitted, is liable, upon being found guilty for such an additional\noffence, to a fine not exceeding 10 per cent of the maximum\npenalty for the offence for each day during which the offence\n","sortOrder":84},{"sectionNumber":"67A","sectionType":"section","heading":"Service","content":"67A Service\nA document required or permitted by this Act to be served on a\nperson shall be served upon the person by:\n(a) delivering it to him personally;\n(b) posting it to him at his last-known or most usual place of\nresidence or business;\n(c) leaving it for him at his last-known or most usual place of\nresidence or business with some other person, apparently\nresident or employed there and who has apparently attained\nthe age of 16 years; or\n(d) where service cannot be effected in the manner specified in\nparagraph (a), (b) or (c), attaching the document to the place\nof residence of, or to some other conspicuous object on the\nland of which the person to be served is, the owner or\noccupier.\n","sortOrder":85},{"sectionNumber":"67B","sectionType":"section","heading":"Compensation","content":"67B Compensation\n(1) Compensation is payable by the holder of a permit to:\n(a) the native title holder in respect of any affected land or waters\nfor the effect of the grant, extension or variation of the permit\non the holder's native title rights and interests; and\n(b) the owners and occupiers of any affected land or waters for\nthe loss or damage in respect of that person's interest in the\naffected land or waters because of the grant, extension or\nvariation of the permit.\n\nEnergy Pipelines Act 1981 65\n(2) Compensation is payable by the holder of a licence to:\n(a) the native title holder in respect of any affected land or waters\nfor the effect of the grant, renewal or variation of the licence\non the holder's registered native title rights and interests for\nwhich the holder was not otherwise compensated when land,\nor easements or other interests over land, were acquired for\nthe purposes of the pipeline; and\n(b) the owners and occupiers of any affected land or waters for\nthe loss or damage in respect of that person's interest in the\naffected land or waters because of the grant, extension or\nvariation of the licence, being loss or damage for which the\nperson was not otherwise compensated when land, or\neasements or other interests over land, were acquired for the\npurposes of the pipeline.\n(3) A person who intends to claim compensation under this section\nmust lodge the claim in writing with the holder of the permit or\nlicence within 3 years after the grant, extension, renewal or\nvariation of the permit or licence or within the further time the\nTribunal allows.\n(4) The Tribunal has the jurisdiction to extend the time for making a\nclaim referred to in subsection (3) as if the claim were an action to\nwhich section 44 of the Limitation Act 1981 applies and the Tribunal\nwere a court for the purposes of that section.\n(5) In the absence of agreement, the compensation that may be\npayable to a native title holder is not determinable by the Tribunal\nuntil there is an approved determination of native title that the\nholder holds native title in the affected land or waters.\n(6) In the event of a dispute about compensation payable under this\nsection, the holder of the permit or licence or the owner or occupier\nor registered native title body corporate to whom compensation\nmay be payable may refer the dispute to the Tribunal.\n(7) If a person entitled to compensation under this section requests\nthat the whole or part of the compensation should be in a form\nother than money, the person by whom the compensation is\npayable must consider the request.\n(8) A reference in this section to the payment of compensation is to be\nread as including a reference to the giving of compensation in a\nform other than money, including the transfer of property and the\nprovision of goods and services.\n\nEnergy Pipelines Act 1981 66\n","sortOrder":86},{"sectionNumber":"68","sectionType":"section","heading":"Regulations","content":"68 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters required or permitted by this Act to be\nprescribed or necessary or convenient to be prescribed for carrying\nout or giving effect to this Act.\n(2) Without limiting the generality of subsection (1), the Regulations\nmay make provision for or in relation to:\n(a) the construction, maintenance and operation of pipelines and\nthe safety measures to be taken in respect thereof;\n(b) the inspection of pipelines and the cost of such inspections;\n(c) the keeping of registers under this Act;\n(d) the escape of substances from a pipeline;\n(e) the unit amount for the purposes of calculating the licence fee\nunder section 30;\n(f) the marking of the location of pipelines; and\n(g) the prevention of damage to land used in connection with the\nconstruction or operation of pipelines.\n(3) The Regulations may provide, in respect of an offence against the\nRegulations, for the imposition of:\n(a) a fine not exceeding, in the case of a natural person,\n200 penalty units or, in the case of a body corporate,\n1000 penalty units; or\n(b) a fine not exceeding, in the case of a natural person,\n200 penalty units or, in the case of a body corporate,\n1000 penalty units for each day during which an offence\nagainst the Regulations continues.\n\nPart VII Transitional matters for Northern Territory Civil and Administrative Tribunal\n(Conferral of Jurisdiction Amendments) (No. 2) Act 2014\nEnergy Pipelines Act 1981 67\nPart VII Transitional matters for Northern Territory Civil\nand Administrative Tribunal (Conferral of\nJurisdiction Amendments) (No. 2) Act 2014\n","sortOrder":87},{"sectionNumber":"69","sectionType":"section","heading":"Definitions","content":"69 Definitions\nIn this Part:\ncommencement means the commencement of Part 6 of the\nNorthern Territory Civil and Administrative Tribunal (Conferral of\nJurisdiction Amendments) (No. 2) Act 2014.\nformer legislation means the following as in force immediately\nbefore the commencement:\n(a) this Act;\n(b) the Lands, Planning and Mining Tribunal Act 1998.\n","sortOrder":88},{"sectionNumber":"70","sectionType":"section","heading":"Action or application to Supreme Court before commencement","content":"70 Action or application to Supreme Court before commencement\n(1) This section applies if, before the commencement:\n(a) a person had brought an action or made an application to the\nSupreme Court under this Act; and\n(b) the Supreme Court had not decided the matter.\n(2) The Supreme Court must continue to deal with the matter in\naccordance with the former legislation.\n","sortOrder":89},{"sectionNumber":"71","sectionType":"section","heading":"Application to Tribunal before commencement","content":"71 Application to Tribunal before commencement\n(1) This section applies if, before the commencement:\n(a) a person had made an application to the former Tribunal; and\n(b) the former Tribunal had not decided the application.\n(2) The former Tribunal must continue to deal with the application in\naccordance with the former legislation.\n(3) In this section:\nformer Tribunal means the Lands, Planning and Mining Tribunal\nas in existence under the Lands, Planning and Mining Tribunal\nAct 1998 immediately before the commencement of the Northern\nTerritory Civil and Administrative Tribunal Act 2014.\n\nPart VIII Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015\nEnergy Pipelines Act 1981 68\nPart VIII Transitional matters for Statute Law\nAmendment (Directors' Liability) Act 2015\n","sortOrder":90},{"sectionNumber":"72","sectionType":"section","heading":"Offences – before and after commencement","content":"72 Offences – before and after commencement\n(1) Section 58G, as inserted by the Statute Law Amendment\n(Directors' Liability) Act 2015, (the new section) applies in relation\nto a relevant offence committed by a body corporate after the\ncommencement of Part 2, Division 8 of that Act (the\ncommencement) only if:\n(a) all the conduct constituting the relevant offence occurred after\nthe commencement; and\n(b) all the conduct of the executive officer constituting the offence\nagainst the new section occurred after the commencement.\n(2) Section 58G, as in force before the commencement:\n(a) continues to apply in relation to offences committed by a body\ncorporate before the commencement; and\n(b) applies in relation to relevant offences committed by a body\ncorporate after the commencement to which, as a result of\nsubsection (1), the new section does not apply.\n\nEnergy Pipelines Act 1981 69\n1 KEY Key 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\nEnergy Pipelines Act 1981 (Act No. 2, 1982)\nAssent date 12 February 1982\nCommenced 11 August 1982 (Gaz S23, 11 August 1982)\nStatute Law Revision Act 1983 (Act No. 58, 1983)\nAssent date 28 November 1983\nCommenced 28 November 1983\nCriminal Law (Regulatory Offences) Act 1983 (Act No. 68, 1983)\nAssent date 28 November 1983\nCommenced 1 January 1984 (s 2, s 2 Criminal Code Act 1983 (Act No. 47,\n1983), Gaz G46, 18 November 1983, p 11 and Gaz G8,\n26 February 1986, p 5)\nEnergy Pipelines Amendment Act 1984 (Act No. 46, 1984)\nAssent date 25 September 1984\nCommenced 28 November 1984 (Gaz G47, 28 November 1984, p 9)\nEnergy Pipelines Amendment Act 1985 (Act No. 37, 1985)\nAssent date 18 September 1985\nCommenced 18 September 1985\nCompanies and Securities (Consequential Amendments) Act 1986 (Act No. 18, 1986)\nAssent date 30 June 1986\nCommenced 1 July 1986 (s 2)\nStatute Law Revision Act 1986 (Act No. 64, 1986)\nAssent date 19 December 1986\nCommenced 19 December 1986\n\nEnergy Pipelines Act 1981 70\nEnergy Pipelines Amendment Act 1989 (Act No. 32, 1989)\nAssent date 28 June 1989\nCommenced 2 August 1989 (Gaz G30, 2 August 1989, p 5)\nEnergy Pipelines Amendment Act 1990 (Act No. 23, 1990)\nAssent date 7 June 1990\nCommenced 25 July 1990 (Gaz G29, 25 July 1990, p 2)\nCorporations (Consequential Amendments) Act 1990 (Act No. 59, 1990)\nAssent date 14 December 1990\nCommenced 1 January 1991 (s 2, s 2 Corporations (NT) Act 1990 (Act\nNo. 56, 1990) and Gaz S76, 21 December 1990)\nPastoral Land (Consequential Amendments) Act 1992 (Act No. 39, 1992)\nAssent date 25 June 1992\nCommenced 26 June 1992 (s 2, s 2 Pastoral Land Act 1992 (Act No. 17,\n1992) and Gaz S33, 26 June 1992)\nLocal Government (Consequential Amendments) Act 1993 (Act No. 84, 1993)\nAssent date 31 December 1993\nCommenced 1 June 1994 (s 2, s 2 Local Government Act 1993 (Act No. 83,\n1993) and Gaz S35, 20 May 1994)\nPlanning (Consequential Amendments) Act 1993 (Act No. 86, 1993)\nAssent date 31 December 1993\nCommenced 18 April 1994 (s 2, s 2 Planning Act 1993 (Act No. 85, 1993)\nand Gaz S28, 18 April 1994)\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995)\nand Gaz S15, 13 June 1996)\nEnergy Pipelines Amendment Act 1998 (Act No. 56, 1998)\nAssent date 28 August 1998\nAmending Legislation\nLands and Mining (Miscellaneous Amendments) Act 1998 (Act No. 93, 1998)\nAssent date 23 December 1998\nEnergy Pipelines Amendment Regulations (SL No. 45, 1998)\nNotified 1 October 1998\nCommenced 1 October 1998\nStatute Law Revision Act (No. 2) 1998 (Act No. 92, 1998)\nAssent date 11 December 1998\nCommenced 11 December 1998\nLands and Mining (Miscellaneous Amendments) Act 1998 (Act No. 93, 1998)\nAssent date 23 December 1998\n\nEnergy Pipelines Act 1981 71\nPlanning (Consequential Amendments) Act 1999 (Act No. 56, 1999)\nAssent date 14 December 1999\nCommenced 12 April 2000 (s 2, s 2 Planning Act 1999 (Act No. 55, 1999)\nand Gaz S15, 12 April 1999)\nEnergy Pipelines Amendment Act 2000 (Act No. 43, 2000)\nAssent date 31 August 2000\nCommenced 8 November 2000 (Gaz G44, 8 November 2000, p 3)\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nStatute Law Revision Act (No. 2) 2001 (Act No. 62, 2001)\nAssent date 11 December 2001\nCommenced 11 December 2001 (s 2(1), (4), s 2 Corporations Reform\n(Consequential Amendments NT) Act 2001 (Act No. 17,\n2001), s 2 Corporations Act 2001 (Cth Act No. 50, 2001) and\nCth Gaz S285, 13 July 2001)\nEnergy Pipelines Amendment Act 2003 (Act No. 29, 2003)\nAssent 26 June 2003\nCommenced 26 June 2003\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent 14 December 2005\nCommenced 14 December 2005\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent 8 March 2007\nCommenced 8 March 2007\nNational Gas (Northern Territory) Act 2008 (Act No. 16, 2008)\nAssent 24 June 2008\nCommenced 1 July 2008 (Gaz S32, 1 July 2008)\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent 14 November 2008\nCommenced 1 July 2008 (s 2)\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\nPersonal Property Securities (National Uniform Legislation) Implementation Act 2010\n(Act No. 30, 2010)\nAssent date 9 September 2010\nCommenced ss 58 to 60: 30 January 2012 (Gaz S2, 24 January 2012);\nrem: 25 November 2011 (Gaz S68, 25 November 2011)\nPenalties Amendment (Children and Families, Health and Primary Industry, Fisheries\nand Resources) Act 2011 (Act No. 28, 2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 4)\n\nEnergy Pipelines Act 1981 72\nLocal Government Amendment Act 2013 (Act No. 28, 2013)\nAssent date 8 November 2013\nCommenced 8 November 2013\nEnergy Pipelines Amendment Act 2013 (Act No. 39, 2013)\nAssent date 19 December 2013\nCommenced 1 January 2014 (s 2)\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014,\n(s 2)\nNorthern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction\nAmendments) (No. 2) Act 2014 (Act No. 35, 2014)\nAssent date 13 November 2014\nCommenced pts 4, 9, 10 and 19: 1 June 2015 (Gaz S53, 29 May 2015, p 2);\nrem: 1 January 2015 (Gaz G51, 24 December 2014, p 7)\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 4 Energy Pipelines Amendment Act 1985 (Act No. 37, 1985)\ns 10 Energy Pipelines Amendment Act 1998 (Act No. 56, 1998) (sub s 16\nLands and Mining (Miscellaneous Amendments) Act 1998 (Act\nNo. 56, 1998)\ns 6 Energy Pipelines Amendment Act 2003 (Act No. 29, 2003)\n4 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, 4, 15, 22, 38A, 42, 50,\n58A, 58D, 58H, 67B, 69 and 71.\n5 LIST OF AMENDMENTS\nlt amd No. 43, 2000, s 4\ns 3 amd No. 46, 1984, s 4; No. 64, 1986, s 4; No. 32, 1989, s 4; No. 23, 1990,\ns 4; No. 39, 1992, s 3; No. 84, 1993, s 6; No. 56, 1998, s 4; SL No. 45, 1998,\nr 4; No. 93, 1998, s 4; No. 43, 2000, s 5; No. 62, 2001, s 15; No. 29, 2003,\ns 3; No. 4, 2007, s 7; No. 28, 2008, s 3; No. 19, 2014, s 26; No. 35, 2014,\ns 36\ns 4 amd No. 46, 1984, s 5; No. 23, 1990, s 5; No. 43, 2000, s 6\ns 5 amd No. 39, 2013, s 8\ns 6 amd No. 32, 1989, s 5; No. 84, 1993, s 6; SL No. 45, 1998, r 5; No. 93, 1998,\ns 5; No. 25, 2009, s 10; No. 28, 2013, s 61; No. 35, 2014, s 26\ns 8 amd No. 32, 1989, s 6; SL No. 45, 1998, r 6; No. 93, 1998, s 6\ns 9 amd SL No. 45, 1998, r 7; No. 93, 1998, s 7\ns 12 amd No. 64, 1986, s 4; No. 43, 2000, s 21; No. 28, 2011, s 5\ns 13 amd No. 58, 1983, s 3; No. 46, 1984, s 6; No. 64, 1986, s 4; No. 84, 1993,\ns 6; SL No. 45, 1998, r 8; No. 93, 1998, s 8; No. 43, 2000, s 7; No. 25, 2009,\ns 10; No. 28, 2013, s 61; No. 39, 2013, s 8; No. 19, 2014, s 26\n\nEnergy Pipelines Act 1981 73\ns 14 amd No. 32, 1989, s 7\ns 15 amd No. 58, 1983, s 3; No. 23, 1990, s 6; No. 86, 1993, s 3; SL No. 45, 1998,\nr 9; No. 93, 1998, s 9; No. 56, 1999, s 3\ns 15A ins No. 23, 1990, s 7\namd No. 43, 2000, s 21; No. 28, 2011, s 5\ns 16 amd No. 32, 1989, s 8; No. 43, 2000, s 8; No. 29, 2003, s 4; No. 39, 2013, s 8\ns 17 amd No. 32, 1989, s 9; SL No. 45, 1998, r 10; No. 93, 1998, s 10\ns 17A ins No. 32, 1989, s 10\nrep No. 56, 1998, s 5\ns 18 amd No. 46, 1984, s 7; No. 32, 1989, s 11\ns 19 amd No. 32, 1989, s 12; No. 29, 2003, s 5\ns 20 sub No. 32, 1989, s 13\namd No. 43, 2000, s 9; No. 39, 2013, s 4\ns 21 sub No. 56, 1998, s 6\namd No. 93, 1998, s 10\ns 21A ins No. 32, 1989, s 14\ns 21B ins No. 32, 1989, s 14\namd No. 84, 1993, s 6; SL No. 45, 1998, r 11; No. 93, 1998, s 12; No. 25,\n2009, s 10; No. 39, 2013, s 5; No. 19, 2014, s 26\ns 21C ins No. 32, 1989, s 14\namd No. 39, 2013, s 8\ns 21D ins No. 32, 1989, s 14\ns 22 amd No. 56, 1998, s 7; SL No. 45, 1998, r 12\ns 26 amd No. 93, 1998, s 13; No. 43, 2000, s 21; No. 28, 2011, s 5; No. 35, 2014,\ns 37\ns 27 amd No. 17, 1996, s 6\ns 28 amd No. 43, 2000, s 21; No. 28, 2011, s 5\ns 30 amd No. 46, 1984, s 8; No. 32, 1989, s 24; No. 43, 2000, s 10; No. 39, 2013,\ns 6\ns 31 amd No. 32, 1989, s 24\ns 32A ins No. 30, 2010, s 34\npt IV hdg amd No. 43, 2000, s 11\ns 33 rep No. 32, 1989, s 15\ns 34 amd No. 32, 1989, s 16\ns 36 amd No. 43, 2000, s 12; No. 28, 2011, s 5\ns 37 amd No. 43, 2000, s 21; No. 28, 2011, s 5\ns 37A ins No. 43, 2000, s 13\namd No. 28, 2011, s 5\ns 38 amd No. 32, 1989, s 17; No. 43, 2000, s 14; No. 28, 2011, s 5\ns 38A ins No. 43, 2000, s 15\namd No. 62, 2001, s 15\nss 39 – 40 amd No. 43, 2000, s 21; No. 28, 2011, s 5\ns 42 amd No. 92, 1998, s 10; No. 43, 2000, s 21; No. 16, 2008, s 17; No. 28, 2011,\ns 5\ns 43 amd No. 46, 1984, s 9; No. 18, 1986, s 3; No. 59, 1990, s 4; No. 93, 1998,\ns 14; No. 43, 2000, s 21; No. 17, 2001, s 21; No. 28, 2011, s 5\npt IVA hdg ins No. 56, 1998, s 8\nrep SL No. 45, 1998, r 13\nss 43A – 43P ins No. 56, 1998, s 8\nrep SL No. 45, 1998, r 13\ns 44 amd No. 46, 1984, s 10; No. 43, 2000, s 16\ns 45 amd No. 32, 1989, s 24\ns 46 amd No. 32, 1989, ss 18 and 24; No. 39, 2013, s 8\ns 47 amd No. 39, 2013, s 7\ns 48 amd No. 32, 1989, s 19\ns 49 amd No. 32, 1989, ss 20 and 24; No. 39, 2013, s 8\ns 50 amd No. 43, 2000, s 21; No. 28, 2011, s 5\nss 52 – 53 amd No. 43, 2000, s 21; No. 28, 2011, s 5\ns 54 amd No. 32, 1989, s 21; No. 39, 2013, s 8\n\nEnergy Pipelines Act 1981 74\ns 56 amd No. 35, 2014, s 38\ns 55 amd No. 39, 2013, s 8\ns 58 amd No. 43, 2000, s 21; No. 28, 2011, s 5\npt VA hdg ins No. 43, 2000, s 17\nss 58A – 58F ins No. 43, 2000, s 17\ns 58G ins No. 43, 2000, s 17\nsub No. 26, 2015, s 25\ns 58H ins No. 43, 2000, s 17\ns 59 amd No. 32, 1989, s 22; SL No. 45, 1998, r 14\nsub No. 44, 2005, s 26\ns 59A ins No. 43, 2000, s 18\ns 63 amd No. 68, 1983, s 4; No. 32, 1989, s 24; No. 43, 2000, s 21; No. 28, 2011,\ns 5\ns 63A ins No. 23, 1990, s 8\ns 64 amd No. 46, 1984, s 11; No. 43, 2000, s 19; No. 28, 2011, s 5\ns 64A ins No. 46, 1984, s 12\namd No. 43, 2000, s 21; No. 28, 2011, s 5\ns 65 amd No. 28, 2011, s 5\ns 66 sub No. 46, 1984, s 13\namd No. 32, 1989, s 23; No. 43, 2000, s 20; No. 28, 2011, s 5\ns 67 amd No. 17, 1996, s 6; No. 43, 2000, s 21\ns 67A ins No. 37, 1985, s 3\ns 67B ins No. 56, 1998, s 9\nsub SL No. 45, 1998, r 15; No. 93, 1998, s 15\nss 67C – 67D rep No. 93, 1998, s 15\ns 68 amd No. 43, 2000, s 21\npt VII hdg ins No. 35, 2014, s 39\nss 69 – 71 ins No. 35, 2014, s 39\npt VIII hdg ins No. 26, 2015, s 26\ns 72 ins No. 26, 2015, s 26","sortOrder":91}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original purpose of regulating pipeline construction and operation. Amendments added Part VA (environmental management) creating new criminal offences for environmental harm, Part VIA (now repealed) for pipeline safety, and director liability provisions (s58G). Native title compensation (s67B) and licensing of previously exempt pipelines (s15A) were also added. The Act now covers environmental protection, corporate liability, broader compensation rights, and third-party access, far beyond the initial scope of pipeline permitting and licensing."},"complexity_factors":["Over 30 defined terms in section 3, including multiple cross-references to other Acts (e.g., Native Title Act, Dangerous Goods Act).","Nested conditions for permits and licences: applications require multiple documents, notices, and waiting periods (e.g., 28 days for representations, 90 days for refusal notice).","Extensive cross-referencing between sections (e.g., s15A refers to s4 exemptions, s42 excludes covered pipelines under National Gas (NT) Law, s21A-21D for route variations).","Environmental offences in Part VA have graded tiers (serious, material, nuisance) with different penalties and alternative verdicts (s58E).","Transitional provisions in Parts VII and VIII for changes to tribunal jurisdiction and director liability, adding complexity for historical offences.","Multiple amendment acts (over 30 listed) have modified sections over time, creating potential inconsistencies.","Sections with exceptions to exceptions (e.g., s12(3) emergency defence, s41(3) reasonable steps defence).","Detailed procedures for surrender, cancellation, and enforcement (ss 24-29) with multiple ministerial discretions and notice requirements."],"plain_english_summary":"This Act regulates the construction, operation, and abandonment of high-pressure pipelines (pipes carrying oil, gas, or other energy-producing hydrocarbons) in the Northern Territory. \n\n**Who it affects:**\n- Companies or individuals wanting to build or operate such pipelines.\n- Landowners, native title holders, and councils who may be affected by pipeline routes.\n- The Minister (a government official) who grants permissions, and inspectors who enforce the rules.\n\n**What it does mechanically:**\n\n1. **Permits for surveying:** Before building a pipeline, a person must get a permit to enter land and survey possible routes. The applicant must notify landowners, native title bodies, and councils, who can object. The Minister decides, considering environmental and native title impacts.\n\n2. **Licences for construction and operation:** To build, alter, or run a pipeline, a licence is needed. The applicant must provide detailed plans, financial and technical evidence, and notify affected parties. The Minister can impose conditions (e.g., security deposits, environmental measures). Licences last up to 21 years (for older ones) or indefinitely (for newer ones). They can be renewed, varied, or cancelled for non-compliance.\n\n3. **Ongoing obligations:** Licensees must:\n   - Build to prescribed standards.\n   - Restore agricultural land after construction.\n   - Continuously operate the pipeline (except for repairs or emergencies).\n   - Mark the route, maintain the pipeline, and prevent leaks.\n   - Apply for approval before abandoning a pipeline.\n\n4. **Environmental offences:** Part VA creates offences for releasing contaminants or waste from a pipeline that causes environmental harm. Penalties increase with severity (material vs serious harm). Defences include exercising reasonable diligence or complying with other environmental laws.\n\n5. **Third-party access:** If someone wants to use an existing pipeline but can't agree with the licensee, they can ask the Minister to direct the licensee to allow use and set payment terms.\n\n6. **Compensation:** Landowners and native title holders can claim compensation for loss or damage from a permit or licence.\n\n7. **Registration:** Licences and transfers are registered. A licence is not personal property for the Personal Property Securities Act.\n\n**Why it matters:** It controls where and how energy pipelines are built and run, balancing private enterprise with landowner rights, environmental protection, and public safety. It imposes significant compliance costs on pipeline operators but also provides a framework for resolving disputes."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2662},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1981 focus on physical construction and safety. Major expansions include: (1) comprehensive environmental protection offences (Part VA, inserted 2000) with tiered penalties; (2) extensive native title recognition processes and compensation obligations (sections 6, 13, 67B, inserted/amended throughout the 1990s and 2000s); (3) corporate governance provisions imposing personal liability on directors (section 58G, inserted 2003); and (4) detailed land-title-style registration and transfer rules for pipeline licences (Part V, expanded 1989)."},"complexity_factors":["Extensive defined terms: Section 3 contains over 20 defined terms, including complex multi-paragraph definitions for 'owner', 'pipeline' (with specific pressure/stress thresholds) and 'land' (covering fee simple, Crown land, native title and pastoral leases).","Cross-referencing web: The Act routinely references external legislation including the Native Title Act 1993 (Cth), Crown Lands Act 1992, Dangerous Goods Act 1998, Planning Act 1999, Land Title Act 2000 and National Gas (NT) Law.","Nested procedural steps: The permit and licence application processes (Parts II and III) contain layered notification requirements, objection periods (28 days), and mandatory considerations (environmental impact, native title effects, technical standards).","Tiered environmental offences: Part VA creates four escalating levels of environmental offences (serious harm, material harm, nuisance) with alternative verdict rules allowing a court to convict of a lesser offence if the higher one is not proven (section 58E).","Liability attribution: Complex rules attribute criminal liability to corporations through their employees (section 58F) and to executive officers personally if they fail to prevent contraventions (section 58G), with specific defences available.","Multi-layered exemptions: Section 4 lists multiple exemptions from licensing (e.g., pipelines built under other Acts, certain short pipelines), but section 15A allows the Minister to override these exemptions and force licensing of otherwise exempt pipelines.","Transitional machinery: Parts VII and VIII contain transitional rules for tribunal jurisdiction changes and directors' liability amendments, creating parallel offence regimes depending on when conduct occurred."],"plain_english_summary":"**What this is**\n\nThis is the Northern Territory's law governing high-pressure pipelines that carry oil, gas or other energy-producing hydrocarbons. It sets out the rules for building, operating, maintaining and shutting down these pipelines, balancing infrastructure development with landowner rights, Indigenous land rights and environmental protection.\n\n**The two-step approval process**\n\nBefore you can build a pipeline, you need two separate approvals:\n\n1.  **Permit (Part II)** – A temporary right to enter private and public land to survey the route, take soil samples and plan the exact path. The permit lasts up to 12 months. You must notify landowners, local councils and any Indigenous native title holders before you get this.\n\n2.  **Licence (Part III)** – The main authorisation to construct and operate the pipeline. Licences can last up to 21 years (or indefinitely for newer licences) and are renewable. You must prove you have the money, technical skill and insurance to build safely.\n\n**Key obligations for pipeline companies**\n\n*   **Notify everyone affected**: Before applying, you must formally notify landowners, occupiers, local councils and registered native title holders (Indigenous groups with recognised land rights) and give them time to object.\n*   **Pay compensation**: You must compensate native title holders and landowners for any loss or damage caused by the grant or renewal of a permit or licence (section 67B).\n*   **Build to standard**: Construction must meet strict safety and technical standards, including restoring farmland after digging and protecting waterways (sections 34–36).\n*   **Mark the route**: Once built, the company must keep the pipeline route clearly marked and maintain the line in good repair (section 39).\n*   **Get consent to start**: You cannot turn on the pipeline or put hydrocarbons into it until the Minister gives written consent confirming it is safe to operate (section 38).\n*   **Environmental rules**: It is a specific offence to release contaminants or waste that cause serious or material environmental harm (Part VA). Company directors can be personally liable if they knew of a breach and failed to prevent it (section 58G).\n\n**Protection for landowners and the public**\n\n*   **Pipeline is not part of the land**: A pipeline is legally treated as equipment, not a permanent part of the property it sits on, though it has a 25-metre \"corridor\" of protection around it (sections 59, 66).\n*   **No digging near pipes**: It is illegal to dig, blast or drive heavy machinery within 25 metres of a marked pipeline without consent (section 66). The penalty can include up to 5 years in prison for serious interference.\n*   **Inspection rights**: Government inspectors can enter land at any reasonable time to check the pipeline, take samples and demand documents (section 64).\n*   **Abandonment**: If a company stops using a pipeline, they must apply to abandon it properly and remove equipment unless the Minister agrees otherwise (section 37A).\n\n**Dealing with licences**\n\nLicences are recorded in a public register (Part V). You cannot sell or transfer a licence to another company without the Minister's approval. Licences can be cancelled if the operator breaches safety conditions, fails to pay fees or goes bankrupt (sections 25, 28).\n\n**Why this matters**\n\nPipelines carry explosive or toxic substances under high pressure. This Act ensures they are built and run by qualified operators who are accountable for spills, damage to farmers' land and impacts on Indigenous cultural sites, while giving the Territory power to step in if a company abandons its infrastructure."}},"importantCases":[],"_links":{"self":"/api/acts/energy-pipelines-act-1981","history":"/api/acts/energy-pipelines-act-1981/history","analysis":"/api/acts/energy-pipelines-act-1981/analysis","conflicts":"/api/acts/energy-pipelines-act-1981/conflicts","importantCases":"/api/acts/energy-pipelines-act-1981/important-cases","documents":"/api/acts/energy-pipelines-act-1981/documents"}}