{"id":"energy-pipelines-regulations-2001","name":"ENERGY PIPELINES REGULATIONS 2001","slug":"energy-pipelines-regulations-2001","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176799,"registerId":"nt-energy-pipelines-regulations-2001-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"ENERGY PIPELINES REGULATIONS 2001","content":"NORTHERN TERRITORY OF AUSTRALIA\nENERGY PIPELINES REGULATIONS 2001\nAs in force at 14 October 2015\nTable of provisions\nPart 1 Preliminary\n1 Citation ............................................................................................ 1\n2 Interpretation ................................................................................... 1\n3 Meaning of validation ....................................................................... 3\nPart 2 Prescribed requirements and fees\n4 Form of instrument of transfer ......................................................... 3\n5 Prescribed map ............................................................................... 3\n6 Prescribed plan................................................................................ 4\n7 Licence fees .................................................................................... 4\n8 Prescribed manner for marking pipelines ........................................ 5\n9 Prescribed fees................................................................................ 5\nPart 3 Consents\nDivision 1 Consent to construction\n10 Consent to construct required to construct pipeline ......................... 5\n11 Matters to be agreed before pipeline licensee applies for\nconsent to construct ........................................................................ 5\n12 Application for consent to construct ................................................. 5\n13 Deciding an application for consent to construct ............................. 6\n14 Construction to comply with pipeline management plan .................. 7\n15 Notice of route followed by pipeline ................................................. 7\nDivision 2 Consent to operate\n16 Consent to operate required to operate pipeline.............................. 7\n17 Matters to be agreed before pipeline licensee applies for\nconsent to operate ........................................................................... 8\n18 Application for consent to operate ................................................... 8\n19 Deciding an application for consent to operate ................................ 8\n20 Operation must comply with pipeline management plan ................. 9\n21 Using pipeline to convey compositions of energy-producing\nhydro-carbons................................................................................ 10\nDivision 3 Modifying or decommissioning pipeline\n22 Modifying or decommissioning pipeline ......................................... 11\n\nEnergy Pipelines Regulations 2001 ii\nPart 4 Pipeline management plans\nDivision 1 Acceptance of pipeline management plan\n23 Submission of pipeline management plan ..................................... 12\n24 Time limit for accepting or not accepting pipeline management\nplan ................................................................................................ 12\n25 Acceptance of pipeline management plan ..................................... 13\nDivision 2 Contents of pipeline management plan\n26 Contents of pipeline management plan ......................................... 14\n27 Description of safety policy ............................................................ 14\n28 Description of pipeline ................................................................... 14\n29 Description of pipeline management system ................................. 15\n30 Description of standards ................................................................ 15\n31 Arrangements for documents ........................................................ 15\n32 Arrangements for reporting ............................................................ 16\nDivision 3 Revision of pipeline management plan\n33 Revision because of change, or proposed change, of\ncircumstances or operations .......................................................... 16\n34 Revision on request by Minister..................................................... 17\n35 Revision at the end of each 5 year period ..................................... 18\n36 Form of proposed revision ............................................................. 19\n37 Time limit for accepting or not accepting proposed revision .......... 19\n38 Acceptance of a proposed revision of a pipeline management\nplan ................................................................................................ 19\n39 Effect of non-acceptance of proposed revision .............................. 20\nDivision 4 Withdrawal of acceptance of pipeline\nmanagement plan\n40 Withdrawal of acceptance of pipeline management plan............... 21\n41 Steps to be taken before withdrawal of acceptance ...................... 21\n42 Withdrawal of acceptance not affected by other provisions ........... 22\nPart 5 Incidents, reports and records\n43 Reportable incidents ...................................................................... 22\n44 Dealing with documents ................................................................ 23\n45 Reporting to Minister ..................................................................... 23\nPart 6 Miscellaneous\nDivision 1 Requirements about workers\n46 Competence of workers ................................................................. 24\n\nEnergy Pipelines Regulations 2001 iii\n47 Awareness of legislation ................................................................ 24\n48 Involvement of workers in pipeline management plan ................... 25\nDivision 2 Providing information\n49 Notice of contact details ................................................................ 25\n50 Minister may decline to consider application or submission if\ninformation is not given .................................................................. 25\n51 Service, delivery and lodgment of documents ............................... 26\nDivision 3 Offences\n51A Declared provisions ....................................................................... 26\nPart 7 Repeal and transitional\n52 Application of regulations to licences granted before\ncommencement of these Regulations ........................................... 27\n53 Repeal ........................................................................................... 27\nSchedule 1\nSchedule 2 Prescribed fees\nSchedule 3 Repealed Regulations\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 14 October 2015\n____________________\nENERGY PIPELINES REGULATIONS 2001\nRegulations under the Energy Pipelines Act 1981\nPart 1 Preliminary\n1 Citation\nThese Regulations may be cited as the Energy Pipelines\nRegulations 2001.\n2 Interpretation\n(1) In these Regulations, unless the contrary intention appears:\nAS followed by a designation refers to the Australian Standard\nhaving that designation that is published by the Standards\nAssociation of Australia.\nindependent validator, in relation to a validation, means a person\nwho has the necessary competence and ability, and access to data,\nin relation to the matters being validated, to arrive at an\nindependent opinion on the matters.\nPipeline:\n(a) has the same meaning as in the Act; and\n(b) includes equipment and systems that are related to a pipeline\nwithin the meaning of the Act.\npipeline management plan in force, in relation to a pipeline,\nmeans:\n(a) a pipeline management plan for the pipeline submitted by or\nfor the pipeline licensee and accepted under these\nRegulations; or\n(b) if the pipeline management plan is accepted in part – that part\nof the pipeline management plan that is accepted,\n\nPart 1 Preliminary\nEnergy Pipelines Regulations 2001 2\nas revised from time to time under these Regulations, but does not\ninclude a pipeline management plan for which the acceptance has\nbeen withdrawn.\npipeline management system description, in relation to a\npipeline, means a description of the matters specified in\nregulation 29 in relation to the pipeline.\nreportable incident means an incident that:\n(a) results in significant damage to a pipeline (for example, by\nreducing the capacity of the pipeline to contain energy-\nproducing hydro-carbons flowing through it);\n(b) results in the death of a person;\n(c) results in serious injury to a person;\n(d) is likely to have a result of a kind mentioned in paragraph (a),\n(b) or (c); or\n(e) is of kind that a reasonable pipeline licensee would consider to\nrequire immediate investigation.\nsignificant pipeline accident event means an event that;\n(a) is connected (whether immediately or after delay) with work\ncarried out on, or in relation to, a pipeline; and\n(b) causes, or creates a significant risk of causing, human deaths\n(for example, because of hydrocarbon releases).\nvalidation has the meaning in regulation 3 and validate has a\ncorresponding meaning.\n(2) In these Regulations, a pipeline is to be taken to be\ndecommissioned if:\n(a) the pipeline ceases operation, other than:\n(i) temporarily for maintenance; or\n(ii) for a period agreed between the Minister and pipeline\nlicensee for the pipeline; or\n(b) the pipeline is removed.\n(3) In these Regulations, Australian Standard means a standard for\npublication on behalf of the Council of the Standards Association of\nAustralia, being the association of that name incorporated by Royal\nCharter.\n\nPart 2 Prescribed requirements and fees\nEnergy Pipelines Regulations 2001 3\n(4) For the purposes of these Regulations:\n(a) a reference to an Australian Standard or a part of an\nAustralian Standard published on a date specified in these\nRegulations is to be read as a reference to the Australian\nStandard or the part of the Australian Standard, as the case\nrequires, approved for publication on that date; and\n(b) if an Australian Standard refers to another instrument, that\ninstrument is to be taken to be incorporated with, and form\npart of, the Australian Standard.\n3 Meaning of validation\n(1) A validation of a proposal for a pipeline under these Regulations is\na statement in writing by an independent validator that:\n(a) the proposal is suitable for the purposes for which it is\nproposed;\n(b) if the proposal includes a modification of the pipeline that may\naffect the integrity of the pipeline – there are reasonable\ngrounds to believe that the modification will result in the\npipeline being suitable for the purposes for which it is to be\nused;\n(c) the proposal is consistent with the pipeline management\nsystem description in the pipeline management plan in force\nfor the pipeline; and\n(d) the proposal complies with any Australian Standards or\ninternational standards that are specified in the pipeline\nmanagement plan as applying to that kind of proposal.\n(2) A validation is to cover the scope of the validation agreed under\nthese Regulations.\nPart 2 Prescribed requirements and fees\n4 Form of instrument of transfer\nAn instrument of transfer referred to in section 46(3) of the Act is to\nbe in accordance with Form 1 in Schedule 1.\n5 Prescribed map\nFor the purposes of section 5(2)(c) of the Act, a prescribed map is a\nmap in an electronic format from the Australian Surveying and Land\nInformation Group.\n\nPart 2 Prescribed requirements and fees\nEnergy Pipelines Regulations 2001 4\n6 Prescribed plan\nFor the purposes of section 13(2)(c) of the Act, a plan is to be\ndrawn in an electronic format containing map grids and\ngeographical co-ordinates in accordance with the Geocentric\nDatum of Australia established by the Intergovernmental Committee\non Surveying and Mapping.\n7 Licence fees\n(1) The licence fee payable under section 30(1) of the Act is the\ngreater of the following:\n(a) an amount equal to 467 revenue units;\n(b) an amount calculated in accordance with the formula:\nA = B x C x D,\nwhere:\nA is the fee payable in dollars; and\nB is the prescribed unit amount; and\nC is the average internal diameter of the pipeline\nexpressed in metres; and\nD is the length of the pipeline expressed in metres.\n(1A) For subregulation (1)(b), the prescribed unit amount is $0.90.\n(2) However, if the licence fee is payable in respect of a period any part\nof which is after 30 June 2000, the prescribed unit amount is\nincreased by 10%, on and from 1 July 2000, in respect of the\nlicence fee payable for the part after 30 June 2000.\n(3) The additional amount payable as a result of the increase in the unit\namount is the GST component.\n(4) Although a licence fee in respect of a period after 30 June 2000\nmay have been paid, the additional amount of the GST component\nmay be separately charged and is payable by the licensee within\none month after the date the charge is made.\n(5) In this regulation, GST has the same meaning as in the A New Tax\nSystem (Goods and Services Tax) Act 1999 of the Commonwealth.\n\nPart 3 Consents\nDivision 1 Consent to construction\nEnergy Pipelines Regulations 2001 5\n8 Prescribed manner for marking pipelines\nFor the purposes of sections 39(a), 64A and 66 of the Act, the\nposition of a pipeline is to be marked by markers erected in\naccordance with AS 2885.1-1997.\n9 Prescribed fees\nThe fee payable for the purposes of the Act in relation to a matter\nspecified in Schedule 2 is the fee specified opposite the matter.\nPart 3 Consents\nDivision 1 Consent to construction\n10 Consent to construct required to construct pipeline\nA pipeline licensee must not begin the construction of a pipeline\nunder the licence unless the Minister has granted under this\nDivision a consent to the construction.\nMaximum penalty: If the offender is a natural person –\n200 penalty units.\nIf the offender is a corporation –\n1 000 penalty units.\n11 Matters to be agreed before pipeline licensee applies for\nconsent to construct\nA pipeline licensee may apply for a consent under this Division to\nconstruct a pipeline only if the licensee and Minister have agreed\non:\n(a) the matters about the activities to which the application relates\nthat are to be described in the pipeline management plan for\nthe pipeline; and\n(b) the scope of the validation for the proposal to carry out those\nactivities.\n12 Application for consent to construct\n(1) An application for a consent under this Division to construct a\npipeline is to be lodged in writing with the Minister.\n(2) An application may relate to all or some of the activities for\ndesigning and constructing the pipeline.\n\nPart 3 Consents\nDivision 1 Consent to construction\nEnergy Pipelines Regulations 2001 6\n(3) The application is to include the following information:\n(a) the name of the applicant;\n(b) an address of the applicant for communications on matters\nrelating to the pipeline;\n(c) a facsimile number, or electronic mail address, within Australia\nfor the applicant.\n(4) The application is to be accompanied by:\n(a) those parts of the pipeline management plan in force for the\npipeline that provide for the activities to which the application\nrelates; and\n(b) a validation of the proposal to carry out those activities.\n13 Deciding an application for consent to construct\n(1) Within 28 days after an application for a consent to construct a\npipeline is lodged under regulation 12, the Minister must decide\nwhether to grant the consent.\n(2) A decision by the Minister to grant or to refuse to grant a consent to\nconstruct is not invalid only because the Minister did not comply\nwith subregulation (1) in relation to an application.\n(3) The Minister must grant a consent if there are reasonable grounds\nfor believing that:\n(a) a pipeline management plan in force for the pipeline provides\nfor the activities to which the application relates; and\n(b) a validation of the proposal to carry out those activities is in\nforce.\n(4) The Minister may grant a consent to construct for all or some of the\nactivities to which the application relates.\n(5) If the Minister decides to grant a consent, the Minister must, as\nsoon as practicable, give the applicant the consent in writing.\n(6) If the Minister decides not to grant a consent for all or some of the\nactivities to which an application relates, the Minister must, as soon\nas practicable, notify the applicant in writing:\n(a) that the consent has not been granted for those activities; and\n(b) the reasons for the decision.\n\nPart 3 Consents\nDivision 2 Consent to operate\nEnergy Pipelines Regulations 2001 7\n14 Construction to comply with pipeline management plan\nA pipeline licensee must not construct a pipeline under the licence\nunless:\n(a) a pipeline management plan, or a part of a pipeline\nmanagement plan, in force for the pipeline provides for the\nconstruction; and\n(b) the pipeline is constructed in a way that is not contrary to that\nplan or part of a plan.\nMaximum penalty: If the offender is a natural person –\n200 penalty units.\nIf the offender is a corporation –\n1 000 penalty units.\n15 Notice of route followed by pipeline\n(1) As soon as practicable after construction of a pipeline has been\nfinished but within 3 months after a consent to operate is granted\nfor the pipeline, the pipeline licensee must notify the Minister in\nwriting of the exact route followed by the pipeline.\nMaximum penalty: If the offender is a natural person –\n20 penalty units.\nIf the offender is a corporation – 100 penalty\nunits.\n(2) If a notice given by a licensee under subregulation (1) indicates that\na part of the route of the pipeline to which the notice relates is\nlocated under seawater, the Minister must provide a copy of the\nrelevant part of the notice to the Surveyor-General and to the\nAustralian Hydrographic Office.\nDivision 2 Consent to operate\n16 Consent to operate required to operate pipeline\nA pipeline licensee must not operate a pipeline under the licence\nunless the Minister has granted a consent under this Division to\noperate the pipeline.\nMaximum penalty: If the offender is a natural person –\n200 penalty units.\nIf the offender is a corporation –\n1 000 penalty units.\n\nPart 3 Consents\nDivision 2 Consent to operate\nEnergy Pipelines Regulations 2001 8\n17 Matters to be agreed before pipeline licensee applies for\nconsent to operate\nA pipeline licensee may apply for a consent under this Division to\noperate a pipeline only if the licensee and Minister have agreed on:\n(a) the matters about the operation of the pipeline that are to be\ndescribed in the pipeline management plan for the pipeline;\nand\n(b) the scope of the validation for the proposal to operate the\npipeline.\n18 Application for consent to operate\n(1) An application for a consent under this Division to operate a\npipeline is to be lodged in writing with the Minister.\n(2) The application is to include the following information:\n(a) the name of the applicant;\n(b) an address of the applicant for communications on matters\nrelating to the pipeline;\n(c) a facsimile number, or electronic mail address, within Australia\nfor the applicant.\n(3) The application is to be accompanied by:\n(a) those parts of the pipeline management plan in force for the\npipeline that provide for the operation of the pipeline;\n(b) a validation of the proposal to operate the pipeline; and\n(c) if the Minister has, under section 38(2A) of the Act, required\nthe licensee to take out and maintain a policy of insurance –\ninformation showing that the pipeline licensee is maintaining\nthe insurance in accordance with the requirement.\n19 Deciding an application for consent to operate\n(1) Within 7 days after an application for a consent under this Division\nto operate a pipeline is lodged, the Minister must decide whether to\ngrant the consent.\n(2) A decision by the Minister to grant or to refuse to grant under this\nDivision a consent to operate is not invalid only because the\nMinister did not comply with subregulation (1) in relation to an\napplication.\n\nPart 3 Consents\nDivision 2 Consent to operate\nEnergy Pipelines Regulations 2001 9\n(3) The Minister must grant a consent under this Division if there are\nreasonable grounds for believing that:\n(a) a pipeline management plan in force for the pipeline provides\nfor the operation of the pipeline;\n(b) a validation of the proposal to operate the pipeline is in force;\nand\n(c) if the Minister has, under section 38(2A) of the Act, required\nthe licensee to take out and maintain a policy of insurance –\nthe pipeline licensee is maintaining the insurance in\naccordance with the requirement.\n(4) If the Minister decides to grant a consent under this Division, the\nMinister must, as soon as practicable, give the applicant the\nconsent in writing.\n(5) If the Minister decides not to grant the consent under this Division,\nthe Minister must, as soon as practicable, tell the applicant, in\nwriting:\n(a) that the consent has not been granted; and\n(b) the reasons for the decision.\n20 Operation must comply with pipeline management plan\n(1) A pipeline licensee must not operate a pipeline under the licence\nunless:\n(a) a pipeline management plan in force for the pipeline provides\nfor the operation; and\n(b) the pipeline is operated in a way that:\n(i) is consistent with the purposes for which the pipeline\nwas designed to be used; and\n(ii) is not contrary to that plan.\nMaximum penalty: If the offender is a natural person –\n200 penalty units.\nIf the offender is a corporation –\n1 000 penalty units.\n\nPart 3 Consents\nDivision 2 Consent to operate\nEnergy Pipelines Regulations 2001 10\n(2) A pipeline licensee does not commit an offence against\nsubregulation (1) if:\n(a) in an emergency in which there is a likelihood of loss or injury\nor for the purpose of maintaining the pipeline in good order or\nrepair, the licensee:\n(i) does an act to avoid the loss or injury or to maintain the\npipeline in good order and repair; and\n(ii) as soon as practicable gives written notice to the\nMinister about the act done; or\n(b) the licensee does an act in compliance with a direction given\nunder:\n(i) the Act; or\n(ii) regulations under the Act (including these Regulations).\n21 Using pipeline to convey compositions of energy-producing\nhydro-carbons\nA pipeline licensee must ensure that a composition of energy-\nproducing hydro-carbons is not conveyed through a pipeline under\nthe licence unless:\n(a) a pipeline management plan in force for the pipeline specifies:\n(i) that the composition is to be conveyed through the\npipeline; and\n(ii) the safe operating limits for conveying that composition;\nand\n(b) the pipeline is operated within those safe operating limits.\nMaximum penalty: If the offender is a natural person –\n200 penalty units.\nIf the offender is a corporation –\n1 000 penalty units.\n\nPart 3 Consents\nDivision 3 Modifying or decommissioning pipeline\nEnergy Pipelines Regulations 2001 11\nDivision 3 Modifying or decommissioning pipeline\n22 Modifying or decommissioning pipeline\n(1) A pipeline licensee must not modify a pipeline under the licence\nunless:\n(a) a pipeline management plan in force for the pipeline provides\nfor the modification; and\n(b) the modification is carried out in a way that:\n(i) is consistent with the purposes for which the pipeline\nwas designed to be used; and\n(ii) is not contrary to that plan.\nMaximum penalty: If the offender is a natural person –\n200 penalty units.\nIf the offender is a corporation –\n1 000 penalty units.\n(2) A pipeline licensee must not decommission a pipeline under the\nlicence unless:\n(a) a pipeline management plan in force for the pipeline provides\nfor the decommission; and\n(b) the decommission is carried out in a way that is not contrary to\nthat plan.\nMaximum penalty: If the offender is a natural person –\n200 penalty units.\nIf the offender is a corporation –\n1 000 penalty units.\n(3) However, it is not an offence under subregulations (1) and (2) if:\n(a) the pipeline is modified or decommissioned in accordance with\na direction given under:\n(i) the Act; or\n(ii) regulations made under the Act (including these\nRegulations); or\n\nPart 4 Pipeline management plans\nDivision 1 Acceptance of pipeline management plan\nEnergy Pipelines Regulations 2001 12\n(b) in an emergency in which there is a likelihood of loss or injury,\nthe licensee does an act to avoid the loss or injury and as\nsoon as practicable gives written notice to the Minister about\nthe act done.\nPart 4 Pipeline management plans\nDivision 1 Acceptance of pipeline management plan\n23 Submission of pipeline management plan\n(1) For a pipeline management plan to be accepted for a pipeline, the\npipeline licensee must submit the plan to the Minister.\n(2) A pipeline management plan may be submitted for one or more of\nthe following stages for the pipeline:\n(a) design and construction;\n(b) operation;\n(c) modification;\n(d) decommissioning.\n(3) A pipeline management plan that provides for one or more pipelines\nmay be submitted.\n24 Time limit for accepting or not accepting pipeline management\nplan\n(1) Within 28 days after a pipeline licensee submits a pipeline\nmanagement plan under regulation 23, the Minister must:\n(a) accept the plan under regulation 25;\n(b) refuse to accept the plan; or\n(c) give written notice to the pipeline licensee stating that the\nMinister is unable to make a decision about the plan within the\nperiod of 28 days and setting out a proposed timetable for\nconsideration of the plan.\n(2) A decision by the Minister to accept, or refuse to accept, a pipeline\nmanagement plan is not invalid only because the Minister did not\ncomply with subregulation (1) in relation to the plan.\n\nPart 4 Pipeline management plans\nDivision 1 Acceptance of pipeline management plan\nEnergy Pipelines Regulations 2001 13\n(3) This regulation applies to a pipeline management plan resubmitted\nunder regulation 25(2) in the same way as it applies to the plan\nwhen first submitted.\n25 Acceptance of pipeline management plan\n(1) The Minister must accept the pipeline management plan if there are\nreasonable grounds for believing that:\n(a) the plan is appropriate for the nature and proposed use of the\npipeline;\n(b) the plan complies with regulations 27, 28, 29, 30 and 32 for\nthe stages mentioned in regulation 23 for which the plan is\nsubmitted; and\n(c) the plan, or a part of a pipeline management plan in force for\nthe pipeline, complies with regulation 31.\n(2) If the Minister is not reasonably satisfied that the pipeline\nmanagement plan when first submitted meets the criteria\nmentioned in subregulation (1), the Minister must give the pipeline\nlicensee a reasonable opportunity to change and resubmit the plan.\n(3) If, after the pipeline licensee has had a reasonable opportunity to\nchange and resubmit the pipeline management plan, the Minister is\nstill not reasonably satisfied that the plan meets the criteria\nmentioned in subregulation (1), the Minister must refuse to accept\nthe plan.\n(4) Despite subregulation (3), the Minister may do either or both of the\nfollowing:\n(a) accept the plan in part for a particular stage mentioned in\nregulation 23 for the pipeline;\n(b) impose limitations or conditions applying to any of those\nstages for the pipeline.\n(5) The Minister must give the pipeline licensee written notice of a\ndecision by the Minister:\n(a) to accept the pipeline management plan;\n(b) not to accept the plan; or\n(c) to accept the plan in part for a particular stage for the pipeline\nor subject to the imposition of limitations or conditions.\n\nPart 4 Pipeline management plans\nDivision 2 Contents of pipeline management plan\nEnergy Pipelines Regulations 2001 14\n(6) A notice of a decision under subregulation (5)(b) or (c) is to include:\n(a) the decision and the reasons for it; and\n(b) if limitations or conditions are to apply to a stage for the\npipeline – those limitations or conditions.\nDivision 2 Contents of pipeline management plan\n26 Contents of pipeline management plan\nA pipeline management plan for a pipeline is to include the matters\nmentioned in this Division.\n27 Description of safety policy\nThe pipeline management plan is to include a statement of the\npipeline licensee's strategic health and safety objectives for the\ndesign, construction, operation, modification and decommission of\nthe pipeline.\n28 Description of pipeline\nThe pipeline management plan is to include a comprehensive\ndescription of:\n(a) the design for the pipeline, the route corridor in which the\npipeline is to be constructed and the way in which the pipeline\nis to be constructed;\n(b) the matters agreed under regulation 11(a) relating to the\ndesign and construction of the pipeline;\n(c) the matters agreed under regulation 17(a) relating to the\noperation of the pipeline;\n(d) the compositions of energy-producing hydro-carbons that are\nto be conveyed through the pipeline when it is operating; and\n(e) the safe operating limits for conveying those mixtures through\nthe pipeline.\n\nPart 4 Pipeline management plans\nDivision 2 Contents of pipeline management plan\nEnergy Pipelines Regulations 2001 15\n29 Description of pipeline management system\nThe pipeline management plan is to include a comprehensive\ndescription of:\n(a) the risk of significant pipeline accident events and other risks\nto the integrity of the pipeline associated with the design,\nconstruction, modification and decommissioning of the\npipeline;\n(b) measures that have been, or will be, implemented to reduce\nthe risks to levels that are as low as reasonably practicable;\n(c) the systems used to identify, evaluate and manage the risks\nand measures; and\n(d) the arrangements for monitoring, auditing and reviewing those\nsystems, including the arrangements for continual and\nsystematic identification of deficiencies of those systems and\nways in which the systems could be improved.\n30 Description of standards\nThe pipeline management plan is to include a description of the\nAustralian Standards and international standards applied, or that\nwill be applied, for the design, construction, operation, modification\nand decommissioning of the pipeline.\n31 Arrangements for documents\n(1) The pipeline management plan is to include arrangements for:\n(a) recording and making available documents and other records\nspecified in subregulation (2) for the pipeline; and\n(b) securely storing those documents and records at the\nnominated address for the pipeline licensee and maintaining\nthose documents and records:\n(i) for the 5 year period from the making of the document or\nother record; and\n(ii) in a way that makes retrieval of the document or other\nrecord reasonably practicable.\n(2) The documents or other records are the following:\n(a) a pipeline management plan in force for the pipeline;\n(b) revisions of the pipeline management plan;\n\nPart 4 Pipeline management plans\nDivision 3 Revision of pipeline management plan\nEnergy Pipelines Regulations 2001 16\n(c) reports of reportable incidents made under regulation 43.\n(3) In this regulation, nominated address means the address of a\npipeline licensee, notice of which has been given under\nregulation 49.\n32 Arrangements for reporting\nThe pipeline management plan is to include arrangements for\nreporting to the Minister about the design, construction, operation,\nmodification and decommissioning of the pipeline, at intervals\nagreed with the Minister, but at least once each year.\nDivision 3 Revision of pipeline management plan\n33 Revision because of change, or proposed change, of\ncircumstances or operations\n(1) Subject to subsection (2), a pipeline licensee for a pipeline for\nwhich a pipeline management plan is in force must submit to the\nMinister a proposed revision of the plan as soon as practicable after\nany of the conditions mentioned in subregulation (3) is satisfied.\n(2) If a condition mentioned in subregulation (3) is satisfied because\nthe licensee proposes to modify or decommission the pipeline, the\nlicensee must not submit the proposed revision before the licensee\nand Minister have agreed on the scope of the validation for the\nproposal to revise the plan.\n(3) The conditions are the following:\n(a) there are reasonable grounds for believing that, because of\ndevelopments in the technical knowledge used to formulate\nthe plan, the plan no longer provides adequately for the\nmatters referred to in Division 2 of Part 4;\n(b) developments in systems for identifying and evaluating risks of\nsignificant pipeline accident events, or risks to the integrity of\nthe pipeline, make it appropriate to revise the plan;\n(c) there are reasonable grounds for believing that a series of\nproposed modifications to the pipeline would result in a\nsignificant cumulative change in the overall level of risk:\n(i) of significant pipeline accident events; or\n(ii) to the integrity of the pipeline;\n\nPart 4 Pipeline management plans\nDivision 3 Revision of pipeline management plan\nEnergy Pipelines Regulations 2001 17\n(d) there are reasonable grounds for believing that a proposed\nmodification to the pipeline would:\n(i) significantly influence the level of a particular risk of a\nsignificant pipeline accident event or a risk to the\nintegrity of the pipeline; or\n(ii) significantly change the ranking of factors contributing to\nthose risks;\n(e) the licensee proposes to significantly change the pipeline\nmanagement system referred to in regulation 29 for\nidentifying, evaluating and managing risks:\n(i) of significant pipeline accident events; or\n(ii) to the integrity of the pipeline;\n(f) the compositions of energy-producing hydro-carbons\nconveyed in the pipeline are different from the compositions\ncontemplated in the plan;\n(g) the licensee proposes to modify or decommission the pipeline\nand that proposal is not satisfactorily addressed in the plan.\n34 Revision on request by Minister\n(1) The Minister may request a pipeline licensee for a pipeline for\nwhich a pipeline management plan is in force to submit to the\nMinister a proposed revision of the plan.\n(2) A request by the Minister is to be in writing and include the following\ninformation:\n(a) the matters to be addressed by the revision;\n(b) the proposed date of effect of the revision;\n(c) the grounds for the request.\n(3) The licensee may make a submission in writing to the Minister\nstating the licensee's reasons for any of the following matters:\n(a) why the revision should not occur;\n(b) why the revision should be in different terms from the\nproposed terms;\n(c) why the revision should take effect on a date after the\nproposed date.\n\nPart 4 Pipeline management plans\nDivision 3 Revision of pipeline management plan\nEnergy Pipelines Regulations 2001 18\n(4) A submission by the licensee must be made within:\n(a) 21 days after receiving the request; or\n(b) within a longer period that the Minister allows in writing.\n(5) If a submission complies with subregulations (3) and (4), the\nMinister must:\n(a) decide whether to accept the reasons stated in the\nsubmission;\n(b) give the licensee written notice of the decision;\n(c) to the extent (if any) that the Minister accepts the reasons,\ngive the licensee written notice that varies or withdraws the\nrequest in accordance with the decision; and\n(d) to the extent (if any) that the Minister does not accept the\nreasons, give the licensee written notice of the grounds for not\naccepting them.\n(6) Subject to subsection (7), the licensee must comply with the\nrequest (as varied under this regulation) as soon as practicable.\n(7) The licensee is not required to comply with the request if the\nrequest is withdrawn under this regulation.\n35 Revision at the end of each 5 year period\n(1) A pipeline licensee for a pipeline for which a pipeline management\nplan is in force must submit to the Minister a proposed revision of\nthe plan (whether or not a proposal has been submitted under\nregulation 33 or 34):\n(a) at the end of the 5 year period starting on the day the pipeline\nmanagement plan is first accepted under regulation 25 by the\nMinister; and\n(b) at the end of each 5 year period starting on the day of the\nmost recent acceptance by the Minister of a revision submitted\nunder this regulation.\n(2) A revision submitted under this regulation is to include:\n(a) measures for ensuring the ongoing integrity of the pipeline;\nand\n(b) details of the maximum allowable operating pressure for the\npipeline.\n\nPart 4 Pipeline management plans\nDivision 3 Revision of pipeline management plan\nEnergy Pipelines Regulations 2001 19\n36 Form of proposed revision\nA proposed revision is to be in the form of a revised pipeline\nmanagement plan or, if the pipeline licensee and the Minister\nagree, a revised part of the pipeline management plan.\n37 Time limit for accepting or not accepting proposed revision\n(1) Within 28 days after a pipeline licensee submits a proposed\nrevision, the Minister must:\n(a) accept the revision under regulation 38;\n(b) refuse to accept the revision; or\n(c) give written notice to the pipeline licensee stating that the\nMinister is unable to make a decision about the revision within\nthe period of 28 days and setting out a proposed timetable for\nconsideration of the revision.\n(2) A decision by the Minister to accept, or refuse to accept, a\nproposed revision is not invalid only because the Minister did not\ncomply with subregulation (1) in relation to the revision.\n(3) This regulation applies to a proposed revision resubmitted under\nregulation 38(2) in the same way as it applies to the revision when\nfirst submitted.\n38 Acceptance of a proposed revision of a pipeline management\nplan\n(1) The Minister must accept the proposed revision if there are\nreasonable grounds for believing that:\n(a) the revision is appropriate for the nature and proposed use of\nthe pipeline;\n(b) the pipeline management plan, as revised by the proposed\nrevision, would comply with regulations 27, 28, 29, 30 and 32\nfor the stages mentioned in regulation 23 for which the\nrevision is submitted;\n(c) the pipeline management plan, as revised by the proposed\nrevision, would comply with regulation 31; and\n(d) in the case that the revision relates to a proposal to modify or\ndecommission the pipeline – a validation of the proposal is in\nforce.\n\nPart 4 Pipeline management plans\nDivision 3 Revision of pipeline management plan\nEnergy Pipelines Regulations 2001 20\n(2) If the Minister is not reasonably satisfied that the proposed revision\nwhen first submitted meets the criteria set out in subregulation (1),\nthe Minister must give the pipeline licensee a reasonable\nopportunity to change and resubmit the revision.\n(3) If, after the pipeline licensee has had a reasonable opportunity to\nchange and resubmit the proposed revision, the Minister is still not\nreasonably satisfied that the revision meets the criteria mentioned\nin subregulation (1), the Minister must refuse to accept the revision.\n(4) Despite subregulation (3), the Minister may do either or both of the\nfollowing:\n(a) accept the revision in part for a particular stage mentioned in\nregulation 23 for the pipeline;\n(b) impose limitations or conditions applying to any of those\nstages for the pipeline.\n(5) The Minister must give the pipeline licensee written notice of a\ndecision by the Minister:\n(a) to accept the proposed revision;\n(b) not to accept the revision; or\n(c) to accept the revision in part for a particular stage for the\npipeline or subject to the imposition of limitations or conditions.\n(6) A notice of a decision under subregulation (5)(b) or (c) is to include:\n(a) the decision and the reasons for it; and\n(b) if limitations or conditions are to apply to a stage for the\npipeline – those limitations or conditions.\n39 Effect of non-acceptance of proposed revision\nIf a proposed revision is not accepted, the pipeline management\nplan in force for the pipeline immediately before the proposed\nrevision was submitted remains in force, subject to the Act and\nthese Regulations, as if the revision had not been proposed.\n\nPart 4 Pipeline management plans\nDivision 4 Withdrawal of acceptance of pipeline management plan\nEnergy Pipelines Regulations 2001 21\nDivision 4 Withdrawal of acceptance of pipeline management\nplan\n40 Withdrawal of acceptance of pipeline management plan\n(1) The Minister, by written notice to a pipeline licensee, may withdraw\nthe acceptance of the pipeline management plan in force for the\npipeline on any of the following grounds:\n(a) the pipeline licensee has not complied with the Act or a\ndirection given to the licensee under section 40 of the Act;\n(b) the pipeline licensee has not complied with regulation 14\nor 20;\n(c) the pipeline licensee has not complied with regulation 33, 34\nor 35;\n(d) the Minister has refused to accept a proposed revision of the\npipeline management plan.\n(2) A notice under subregulation (1) is to include the reasons for the\ndecision.\n41 Steps to be taken before withdrawal of acceptance\n(1) Before withdrawing the acceptance of a pipeline management plan\nin force for a pipeline, the Minister must comply with\nsubregulations (2), (4) and (5).\n(2) The Minister must give the pipeline licensee at least one month's\nwritten notice of the Minister's intention to withdraw acceptance of\nthe plan.\n(3) The Minister may give a copy of the notice to any other persons\nthat the Minister thinks fit.\n(4) The Minister must specify in the notice a date (the cut-off date) on\nor before which the pipeline licensee (or any other person to whom\na copy of the notice has been given) may submit to the Minister in\nwriting any matters for the Minister to take into account.\n(5) The Minister must take into account:\n(a) any action taken by the pipeline licensee to remove the\nground for withdrawal of acceptance or to prevent the\nrecurrence of that ground; and\n\nPart 5 Incidents, reports and records\nEnergy Pipelines Regulations 2001 22\n(b) any matter submitted to the Minister before the cut-off date by\nthe pipeline licensee or a person to whom a copy of the notice\nhas been given.\n42 Withdrawal of acceptance not affected by other provisions\n(1) The Minister may withdraw the acceptance of a pipeline\nmanagement plan in force for a pipeline on a ground referred to in\nregulation 40(1) even though the licensee has been found guilty of\nan offence because of a failure to comply with a provision of the Act\nor of these Regulations.\n(2) A pipeline licensee for a pipeline for which the acceptance of a\npipeline management plan has been withdrawn by the Minister on a\nground mentioned in regulation 40(1) may be found guilty of an\noffence because of a failure to comply with a provision of the Act or\nof these Regulations even though the acceptance of the plan has\nbeen withdrawn.\nPart 5 Incidents, reports and records\n43 Reportable incidents\n(1) A pipeline licensee must give notice of a reportable incident for a\npipeline under the licence in accordance with this regulation.\nMaximum penalty: If the offender is a natural person –\n20 penalty units.\nIf the offender is a natural person –\n100 penalty units.\n(2) The pipeline licensee must give notice (either oral or written) of the\nincident, together with all material details of the incident that are\nreasonably available to the licensee, to the Minister or an inspector\nas soon as possible after the incident happens.\n(3) The pipeline licensee must give a written report of the incident to\nthe Minister:\n(a) if the Minister specifies a reasonable period for giving the\nreport – within that period; or\n(b) in any other case – as soon as practicable after the incident\nhappens.\n\nPart 5 Incidents, reports and records\nEnergy Pipelines Regulations 2001 23\n(4) The report is to set out fully:\n(a) all the material facts and circumstances of the incident that the\nlicensee knows or is able, by reasonable search and inquiry,\nto find out, including the following:\n(i) the date, time and place of the incident;\n(ii) the particulars of any loss or damage caused by the\nincident;\n(iii) if energy-producing hydro-carbons escaped from the\npipeline or ignited – the amount of those energy-\nproducing hydro-carbons and the measures taken to\ncontrol the escape or fire;\n(iv) the cause of the incident;\n(v) the repairs (if any) carried out, or proposed to be carried\nout, for the pipeline; and\n(b) the corrective action that has been taken, or is proposed to be\ntaken, to prevent another incident of that kind.\n44 Dealing with documents\nA pipeline licensee must not deal with a document or other record\nmentioned in regulation 31 in a way that is contrary to the\narrangements for the document or record contained in the pipeline\nmanagement plan in force for the pipeline.\nMaximum penalty: If the offender is a natural person –\n20 penalty units.\nIf the offender is a corporation – 100 penalty\nunits.\n45 Reporting to Minister\nA pipeline licensee must report to the Minister in accordance with\nthe arrangements under regulation 32 contained in the pipeline\nmanagement plan in force for the pipeline under the licence.\nMaximum penalty: If the offender is a natural person –\n20 penalty units.\nIf the offender is a corporation – 100 penalty\nunits.\n\nPart 6 Miscellaneous\nDivision 1 Requirements about workers\nEnergy Pipelines Regulations 2001 24\nPart 6 Miscellaneous\nDivision 1 Requirements about workers\n46 Competence of workers\nA pipeline licensee must ensure, as far as reasonably practicable,\nthat each person working on, or in connection with, a pipeline under\nthe licence is competent, because he or she has the necessary\nskills training and ability:\n(a) to carry out the tasks, both routine and non-routine, that may\nreasonably be given to the person; and\n(b) to respond and react appropriately, and at the level\nreasonably required of the person, during an emergency.\nMaximum penalty: If the offender is a natural person –\n20 penalty units.\nIf the offender is a corporation – 100 penalty\nunits.\n47 Awareness of legislation\n(1) A pipeline licensee must ensure, as far as reasonably practicable,\nthat each person working on, or in connection with, the pipeline\nknows about the effect of relevant legislation that relates to the\nsafety of all of the following:\n(a) a person working on, or in connection with, the pipeline;\n(b) the pipeline;\n(c) the environment.\n(2) In this regulation, relevant legislation means the Act, regulations\n(including these Regulations) made under the Act and any\ndirections given to the licensee under the Act.\n\nPart 6 Miscellaneous\nDivision 2 Providing information\nEnergy Pipelines Regulations 2001 25\n48 Involvement of workers in pipeline management plan\n(1) The Minister may ask a pipeline licensee in writing to provide the\nMinister with reasonable grounds for believing that:\n(a) in the development or revision of a pipeline management plan\nfor a pipeline under the licence, there has been effective\nconsultation with, and participation of, the classes of persons\nwho:\n(i) are identifiable before the pipeline management plan is\ndeveloped; and\n(ii) are working on, or in connection with, the pipeline or are\nlikely to be working on, or in connection with, the\npipeline; and\n(b) the pipeline management plan in force for the pipeline\nprovides adequately for effective consultation with, and the\neffective participation of, those classes of persons so that they\nare able to arrive at informed opinions about the risks to which\nthey may be exposed in relation to the pipeline.\n(2) A pipeline licensee must, within 21 days after receiving a request\nunder subregulation (1), give the Minister written notice of those\ngrounds.\nDivision 2 Providing information\n49 Notice of contact details\nThe pipeline licensee must, at all times after the licensee applies\nunder these Regulations for a consent to construct a pipeline under\nthe licence, maintain as far as is reasonably practicable, and\nensure that the Minister has notice of, an address of the licensee\nfor communications on matters relating to the pipeline.\nMaximum penalty: If the offender is a natural person –\n20 penalty units.\nIf the offender is a corporation – 100 penalty\nunits.\n50 Minister may decline to consider application or submission if\ninformation is not given\n(1) Despite any other provision of these Regulations, if:\n(a) a pipeline licensee for a pipeline does not provide information\nunder regulation 49; and\n\nPart 6 Miscellaneous\nDivision 3 Offences\nEnergy Pipelines Regulations 2001 26\n(b) the information has not been given under another law,\nthe Minister may decline to consider an application or submission\nmade by the licensee under these Regulations and relating to the\npipeline until the information is given.\n(2) Despite any other provision of these Regulations, if:\n(a) a pipeline licensee does not provide the information required\nunder regulation 12 or 18 for an application for a consent to\nconstruct or operate a pipeline; and\n(b) the information has not been given under another law,\nthe Minister may decline to consider the application until the\ninformation is given.\n51 Service, delivery and lodgment of documents\nFor the purposes of these Regulations, unless the contrary intention\nappears, a notice or other document required or permitted to be\ngiven to a person is to be taken to be given:\n(a) if service is otherwise than by post on an individual – on the\nday on which the notice or other document is:\n(i) delivered to the individual in person; or\n(ii) delivered to the individual's address for service or last\naddress known to the Minister;\n(b) if service is otherwise than by post on a body corporate – on\nthe day on which the notice or other document is delivered to\nthe registered office, or the address for service, of the body\ncorporate; or\n(c) if service is by post on a person – on the day on which the\nnotice or other document would ordinarily be delivered in the\ndue course of post or, if the person establishes that it was\ndelivered on a later day, on that later day.\nDivision 3 Offences\n51A Declared provisions\nFor section 58G(7) of the Act, definition declared provision,\nparagraph (b), regulations 10, 14, 16, 20(1), 21, 22(1) and (2), 43(1)\nand 49 are prescribed.\n\nPart 7 Repeal and transitional\nEnergy Pipelines Regulations 2001 27\nPart 7 Repeal and transitional\n52 Application of regulations to licences granted before\ncommencement of these Regulations\n(1) If a pipeline licence that was granted before the commencement of\nthese Regulations remains in force or is renewed, these\nRegulations (other than Parts 1 and 2) do not apply to the pipeline\nlicensee in respect of a pipeline under the licence or renewed\nlicence until 1 July 2006.\n(2) However:\n(a) if the licensee applies before 1 July 2006 for a consent to\nconstruct a pipeline – regulations 11, 12 and 13 and Part 4\n(except regulation 40(1)(b)) also apply to the licensee in\nrespect of the pipeline;\n(b) if the licensee applies before 1 July 2006 for a consent to\noperate the pipeline – regulations 17, 18 and 19 and Part 5\n(except regulation 40(1)(b)) also apply to the licensee in\nrespect of the pipeline; and\n(c) if the Minister has accepted a pipeline management plan for\nthe pipeline – Part 4 (except regulation 40(1)(b)) also applies\nto the licensee in respect of the pipeline.\n53 Repeal\nThe Regulations specified in Schedule 3 are repealed.\n\nSchedule 1\nEnergy Pipelines Regulations 2001 28\nSchedule 1\nFORM 1\nregulation 4\nEnergy Pipelines Act 1981\nINSTRUMENT OF TRANSFER OF LICENCE\nTO THE MINISTER FOR MINES AND ENERGY, NORTHERN TERRITORY\n......................................(name of transferor), the holder of licence number\n.............. granted by the Minister on the ............................ day of\n............................ ..., in consideration of …....................................……………\n………. the receipt of which is acknowledged by this instrument, transfers\n*Insert to * .......................................………………………………………..\nname of\ntransferee\n*Insert of * ..............................………………………………………...........\naddress of\ntransferee\ncalled the transferee, all right, title and interest in the licence and\nthe transferee by this instrument accepts the transfer, subject to the\nEnergy Pipelines Act 1981 and the Regulations made under it, and\nagrees to be bound by the terms and conditions of the licence.\nIn witness of the above the parties to the transfer have executed\nthis document this .......... day of .............\n................... ….................\nWitness Signature of\ntransferor\n(If a corporation,\nto be executed\nunder its common\nseal.)\n................... ...….............\nWitness Signature of\ntransferee\n\nSchedule 1\nEnergy Pipelines Regulations 2001 29\nI approve the above transfer.\nDated this ............. day of ............. 20...\n.....………………......................\nMinister for Mines and Energy\nI have this ............ day of ............, 20.., at the hour of ............ o'clock in the\n....... noon, registered the transferee as the holder of licence number ...............\n.....................\nRegistrar\n\nSchedule 2 Prescribed fees\nEnergy Pipelines Regulations 2001 30\nSchedule 2 Prescribed fees\nregulation 9\nMatter Fee\n(revenue\nunits)\n1. Application under section 5 of Act for permit 4 000\n2. Application under section 13 of Act for licence 4 000\n3. Application under section 16 of Act for renewal of\nlicence\n1 428\n4. Application under section 20 of Act to vary, suspend or\nwaive conditions of licence\n1 401\n5. Application under section 21A of Act to vary route and\nlicence as mentioned in section 21B(1)(c) of Act\n1 401\n6. Application under section 21A of Act to vary licence area\nas mentioned in section 21C(1)(b) of Act\n1 401\n7. Entry in the register of a memorandum of transfer under\nsection 46(9) of Act\n171\n8. Entry in the register of a devolution of interests of\nregistered holder under section 47(2) of Act\n35\n9. Entry in the register of a memorandum of approval\nunder section 49(8) of Act\n171\n10. Inspection under section 54(1) of Act 6\n11. Copy document or extract from the register under\nsection 55(2) of Act – per page\n16\n12. Certificate under section 55(3) of Act 84\n\nSchedule 3 Repealed Regulations\nEnergy Pipelines Regulations 2001 31\nSchedule 3 Repealed Regulations\nregulation 53\nEnergy Pipelines Regulations Regulations 1982, No. 49\nAmendment of Energy Pipelines Regulations Regulations 1985, No. 37\nAmendment of Energy Pipelines Regulations Regulations 1989, No. 2\nAmendment of Energy Pipelines Regulations Regulations 2000, No. 37\n\nENDNOTES\nEnergy Pipelines Regulations 2001 32\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nEnergy Pipelines Regulations (SL No. 43, 2001)\nNotified 3 October 2001\nCommenced 3 October 2001\nFees and Charges Amendment Regulations 2009 (SL No. 34, 2009)\nNotified 14 December 2009\nCommenced 1 January 2010 (r 2)\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)\nEnergy Pipelines Amendment (Fees) Regulations 2013 (SL No. 48, 2013)\nNotified 19 December 2013\nCommenced 1 January 2014 (r 2 and s 2 Energy Pipelines Amendment\nAct 2013 (Act No. 39, 2013))\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 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: r 1 and sch 1.\n\nENDNOTES\nEnergy Pipelines Regulations 2001 33\n4 LIST OF AMENDMENTS\nr 7 amd No. 48, 2013, r 4\nr 10 amd Act No. 28, 2011, s 5\nrr 14 – 16 amd Act No. 28, 2011, s 5\nrr 20 – 22 amd Act No. 28, 2011, s 5\nrr 43 – 44 amd Act No. 28, 2011, s 5\nr 46 amd Act No. 28, 2011, s 5\nr 49 amd Act No. 28, 2011, s 5\npt 6\ndiv 3 hdg ins Act No. 26, 2015, s 28\nr 51A ins Act No. 26, 2015, s 28\nsch 2 amd No. 34, 2009, r 19\nsub No. 48, 2013, r 5","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with their original purpose of operationalising the Energy Pipelines Act 1981. The structure follows standard regulatory patterns for safety-case regimes: establishing fees, prescribing forms, detailing the pipeline management plan requirements, and setting out consent processes. The 2006 transitional arrangements for existing licences and the 2015 addition of 'declared provisions' for director liability are incremental adjustments rather than scope expansion."},"complexity_factors":["Multiple interlocking approval stages (construction consent, operation consent, plan acceptance, plan revisions) with overlapping requirements","Extensive cross-referencing between the Regulations and the parent Energy Pipelines Act 1981 (e.g., sections 5, 13, 30, 38, 40, 46, 47, 49, 54, 55 of the Act)","Defined terms with nested definitions (e.g., 'pipeline management plan in force' has a 3-part definition with exceptions)","Formula-based fee calculation with conditional adjustments (GST component added post-2000)","Multiple triggers for plan revisions (7 different conditions in regulation 33, plus Minister-initiated and 5-year mandatory reviews)","Conditional offence provisions with exceptions (emergency exemptions in regulations 20, 22; compliance with directions)","Transitional provisions creating different rules for pre-2001 licences with staged implementation dates","Incorporation of external standards by reference (AS 2885.1-1997, Geocentric Datum of Australia)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the detailed rules for how energy pipelines (carrying oil, gas, and similar fuels) are built, operated, modified, and shut down in the Northern Territory. They work alongside the Energy Pipelines Act 1981 to ensure pipelines are safe and properly managed.\n\n**Key requirements:**\n\n* **Licence fees:** Pipeline operators must pay annual fees calculated based on the pipeline's size (diameter × length), with a minimum fee set in \"revenue units\" (a standard way of calculating government fees).\n\n* **Two-stage approval process:** Before doing anything, pipeline companies need:\n  * **Consent to construct** – approval to build the pipeline\n  * **Consent to operate** – approval to start using it\n  Both require a detailed safety plan and independent validation (expert verification that the proposal is safe and suitable).\n\n* **Pipeline management plans:** Companies must create and maintain comprehensive safety documents covering:\n  * Safety policies and objectives\n  * Technical details of the pipeline\n  * Risk management systems\n  * Standards being followed (Australian and international)\n  * Record-keeping arrangements\n  These plans must be reviewed every 5 years, or sooner if circumstances change.\n\n* **Incident reporting:** Companies must immediately report serious accidents, injuries, or damage to the Minister, followed by a detailed written report.\n\n* **Worker safety:** Companies must ensure workers are properly trained, know the relevant safety laws, and are consulted in developing safety plans.\n\n**Who it affects:**\n\n* Pipeline licence holders (energy companies)\n* Workers on pipelines\n* The Northern Territory Minister responsible for mines and energy\n* The general public (through safety protections)\n\n**Why it matters:**\n\nPipelines carrying flammable materials pose serious risks of explosions, fires, and environmental damage. These regulations create a \"safety case\" system where companies must prove they can manage risks before they're allowed to build or operate. The rules ensure there's always an up-to-date safety plan, regular independent checks, and clear accountability if things go wrong."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The body of the Regulations implements a safety, planning and oversight framework for licensed energy pipelines; subsequent amendments recorded in the endnotes and list of amendments (fees updates in 2009 and 2013, penalty amendments 2011, declared provisions and directors' liability adjustments 2015) mainly adjusted fees, penalty levels and administrative/ enforcement details rather than materially extending the core scope. In other words, the Regulations remain focused on management plans, consents, validation and reporting (Parts 3–5); amendments updated costs/penalties and refined enforcement mechanics but did not broaden the set of activities or subjects regulated in a way that departs from the instrument's original purpose (see endnotes and List of Amendments)."},"complexity_factors":["Multiple cross-references to the Energy Pipelines Act (consent and licence provisions) throughout Parts 2–6","Key defined technical/legal terms in regulation 2 (e.g. 'pipeline', 'pipeline management plan', 'reportable incident', 'validation', 'independent validator')","Detailed, multi-stage pipeline management plan rules with many required elements (regs 26–32) and iterative revision/acceptance procedures (regs 33–39)","Independent validation requirement that must be scoped and agreed between Minister and licensee (reg 3; regs 11, 17, 36–38)","Multiple decision timelines (28 days for plans/revisions; 7 days for consent-to-operate applications) with express non-invalidity clauses when timeframes are missed (regs 13(1)–(2), 19(1)–(2), 24(1)–(2), 37(1)–(2))","Nested exceptions (emergency acts, Ministerial directions) to offences and requirements (regs 14, 20(2), 22(3))","Enforcement layers (penalties in many provisions plus Ministerial power to impose conditions or withdraw plan acceptance — regs 10, 14, 16, 20, 21, 22, 40)","Fee structure includes a fixed floor in revenue units and a formula linked to physical characteristics (reg 7) plus Schedule 2 with multiple prescribed fees","Transitional arrangements applying different commencement dates for pre-existing licences (reg 52) and schedules repealing prior rules (reg 53 and Sch 3)","Declared provisions (reg 51A) tying specified regs to the Act's enforcement framework"],"plain_english_summary":"**What these Regulations do (mechanics)\n\n- Require pipeline licence-holders (licensees) to produce, submit and keep an accepted pipeline management plan covering the lifecycle stages of design/construction, operation, modification and decommissioning (regs 23–32). The Minister must accept a plan if it meets specified content and system requirements (reg 25).  \n\n- Make it an offence to start construction, to operate, to modify or to decommission a licensed pipeline unless the Minister has granted a separate consent and the activity is covered by a pipeline management plan in force for that pipeline (consents: regs 10–22).  \n\n- Require independent validation (written opinion by an independent validator) of proposals for construction, operation or modification where relevant; the validation must show suitability, consistency with the management system and compliance with any standards specified in the plan (reg 3; regs 12(4), 18(3), 38(1)(d)).  \n\n- Set out what a pipeline management plan must contain: safety policy, comprehensive design/route/operation description, risk assessment and risk-management systems, standards to be applied, document-retention and reporting arrangements (regs 26–32).  \n\n- Require periodic and event-driven revisions of plans (end of every 5 years and when circumstances change) and provide a process for Minister-requested revisions; the Minister can accept revisions in whole or in part or impose conditions (regs 33–39).  \n\n- Give the Minister powers to withdraw acceptance of a plan for defined failures (e.g. non-compliance with the Act, certain regs, or refusal to accept a revision) after procedural steps (regs 40–42).  \n\n- Require prompt reporting of \"reportable incidents\" (incidents causing or likely to cause significant damage, death or serious injury) to the Minister and written follow‑up reports (regs 43–45).  \n\n- Impose worker-related duties on licensees: ensure worker competence and awareness of relevant safety legislation and involve appropriate worker classes in plan development (regs 46–48).  \n\n- Prescribe fees (Schedule 2) and a licence-fee formula based on pipeline diameter and length (reg 7).  \n\n- Prescribe technical particulars for maps, plans and markers (regs 4–6, 8).  \n\n- Contain transitional arrangements for licences granted before these Regulations (reg 52) and repeal earlier Regulations (reg 53 and Sch 3).\n\nWho is affected\n\n- Primary: pipeline licensees in the Northern Territory (owners/operators holding licences under the Energy Pipelines Act). They bear the compliance costs: preparing and revising pipeline management plans, commissioning independent validators, reporting incidents, record-keeping and paying fees (regs 23–39; reg 3; reg 7; Sch 2).  \n\n- Secondary: workers on or connected with pipelines (training/competence requirements; involvement in plan development — regs 46–48), and the Minister and Department staff who decide on plan acceptance, consents, revisions and enforcement (multiple regs).  \n\n- External technical bodies (e.g. validators, survey bodies) and third parties who may receive notices (e.g. Surveyor‑General, Hydrographic Office — reg 15(2)).\n\nWhy it matters (official purpose and practical effects)\n\n- Officially the Regulations set a safety and integrity framework for licensed energy pipelines by requiring documented risk management systems, independent validation and Ministerial oversight (regs 25, 29, 3).  \n\n- Mechanically, they: (a) make safe design/operation demonstrable (through plans and validations), (b) create checkpoints (Ministerial consents) before major activities, (c) create reporting/recordkeeping obligations that allow post-incident investigation and ongoing oversight, and (d) permit the Minister to refuse or withdraw plan acceptance if required standards or procedures are not met (regs 10–22, 23–42, 43–45).\n\nTrade-offs, costs, incentives and implementation risks (practical testing of the instrument)\n\n- Who pays: licensees pay the direct costs (fees in Schedule 2; licence-fee formula in reg 7) and indirect costs (preparing plans, obtaining independent validation, document management, periodic revisions, staff training).  \n\n- Who decides: the Minister decides acceptance of plans, consents to construct/operate/modify/decommission, requests revisions, and may withdraw acceptance (regs 13, 19, 24, 34, 40). Decisions trigger obligations or prevent activity.  \n\n- Compliance burden: plans must be comprehensive (technical design, risk assessments, systems for ongoing monitoring/audit, records and reporting arrangements) and kept accessible for five years; validations must be carried out by independent validators with agreed scope (regs 26–31, 3, 31). These are non-trivial administrative and technical tasks that favour licensees able to procure qualified engineers/consultants.  \n\n- Timing vs. practical decision-making: the Regulations set decision windows (e.g. 28 days for plan acceptance or notice of inability to decide — regs 24, 37; 7 days for consent to operate — reg 19) but expressly preserve Ministerial discretion to miss those exact timeframes without invalidating decisions (see regs 13(2), 19(2), 24(2), 37(2)). This creates some procedural certainty but also practical flexibility for the regulator.  \n\n- Concentrated costs, diffuse benefits: direct compliance costs are concentrated on licensees; the benefits (reduced accident risk, public safety, environmental protection) are dispersed. The Regulations achieve this by internalising safety management onto licensees via mandatory plans, validations and penalties (regs 10–22, 43–45).  \n\n- Enforcement and sanctioning: the Regulations attach specified monetary penalties to breaches (for example regs 10, 14, 16, 20, 21, 22 and 43), and empower the Minister to refuse consents or withdraw plan acceptance (regs 13, 19, 40).  \n\n- Potential substitution and emergency exceptions: certain acts taken in emergencies or under directions from the Minister/Act are permitted even if they depart from an accepted plan, but must be notified (regs 14, 20(2), 22(3)).  \n\n- Implementation risks: validity of independent validations depends on the availability of suitably competent validators and agreed scopes (reg 3; regs 11, 17). Administrative burden on the regulator is non-trivial given iterative review cycles and the power to impose conditions (regs 25, 38).  \n\nConcrete references for key mechanics: management plans (Part 4, regs 23–42); consents and offences for construction/operation (Part 3, regs 10–22); independent validation (reg 3 and application regs 12, 18, 36–38); incident reporting (Part 5, regs 43–45); fees (reg 7 and Schedule 2); worker duties (Part 6, regs 46–48); Ministerial enforcement powers (regs 13, 19, 24, 34, 40–42)."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the limited information available, there is no clear evidence that the scope has materially changed from the original intent of regulating energy pipeline safety and administration. The 2015 commencement date likely reflects a reprint (consolidation of amendments) rather than a fundamental shift in purpose."},"complexity_factors":["Technical subject matter involving engineering and safety standards for pipeline infrastructure","Regulations sit beneath a parent Act, requiring cross-referencing to understand the full legal picture","Multiple potential stakeholders affected (operators, landowners, contractors)","Incomplete metadata provided (missing Gazette number, date of making, and maker details) making it difficult to fully assess scope and history","The gap between the 2001 title and 2015 commencement date suggests reprints or amendments that add interpretive complexity"],"plain_english_summary":"These regulations set technical, safety, and administrative rules for building, operating, and maintaining energy pipelines, administered by the Department of Mining and Energy.  \n\nThey affect companies, workers, contractors and landowners linked to pipeline infrastructure; they matter because pipelines carry hazardous substances, so the rules ensure safe management, clear accountability, and penalties for non‑compliance."}},"importantCases":[],"_links":{"self":"/api/acts/energy-pipelines-regulations-2001","history":"/api/acts/energy-pipelines-regulations-2001/history","analysis":"/api/acts/energy-pipelines-regulations-2001/analysis","conflicts":"/api/acts/energy-pipelines-regulations-2001/conflicts","importantCases":"/api/acts/energy-pipelines-regulations-2001/important-cases","documents":"/api/acts/energy-pipelines-regulations-2001/documents"}}