{"id":"north-east-gas-interconnector-pipeline-special-provisions-act-2015","name":"North East Gas Interconnector Pipeline (Special Provisions) Act 2015","slug":"north-east-gas-interconnector-pipeline-special-provisions-act-2015","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30427,"registerId":"nt-north-east-gas-interconnector-pipeline-special-provisions-act-2015-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"North East Gas Interconnector Pipeline (Special Provisions) Act 2015","content":"NORTHERN TERRITORY OF AUSTRALIA\nNORTH EAST GAS INTERCONNECTOR PIPELINE (SPECIAL\nPROVISIONS) ACT 2015\nAs in force at 10 December 2015\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Definitions ........................................................................................ 1\n3 Act binds Crown .............................................................................. 2\n4 Application of Criminal Code ........................................................... 2\nPart 2 Priority of applications\n5 Application by Pipeline licensee or project participant ..................... 3\nPart 3 Roads and waterways\n6 Construction in road ........................................................................ 3\n7 Waterway crossing .......................................................................... 3\n8 Compliance with conditions ............................................................. 4\nPart 4 Sacred sites\n9 Work or use of land in proximity to sacred sites .............................. 4\nPart 5 Easement in gross over pastoral land\n10 Easement in gross over pastoral land ............................................. 5\nPart 6 Miscellaneous matters\n11 Relationship with Planning Act 1999 ............................................... 5\n12 Regulations...................................................................................... 5\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 10 December 2015\n____________________\nNORTH EAST GAS INTERCONNECTOR PIPELINE (SPECIAL\nPROVISIONS) ACT 2015\nAn Act to make special provision for the North East Gas Interconnector\nPipeline Project\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the North East Gas Interconnector\nPipeline (Special Provisions) Act 2015.\n2 Definitions\nIn this Act:\nAuthority Certificate, see section 3 of the Northern Territory\nAboriginal Sacred Sites Act 1989.\ncustodian, see section 3 of the Northern Territory Aboriginal\nSacred Sites Act 1989.\nLands Minister means the Minister responsible for administering\nthe Pastoral Land Act 1992.\npastoral land, see section 3(1) of the Pastoral Land Act 1992.\npastoral lease, see section 3(1) of the Pastoral Land Act 1992.\nPipeline means the North East Gas Interconnector Pipeline, being\nthe pipeline or proposed pipeline to connect the Northern Territory\ngas pipeline network to the Eastern States gas pipeline network as\nmore fully described by regulation, and includes all associated\ninfrastructure and equipment.\nNote for definition Pipeline\nIn this definition, pipeline has the same meaning as in the Energy Pipelines\nAct 1981.\n\nPart 1 Preliminary matters\nNorth East Gas Interconnector Pipeline (Special Provisions) Act 2015 2\nPipeline licensee means the licensee for the Pipeline under the\nEnergy Pipelines Act 1981.\nproject means the project for constructing and operating the\nPipeline.\nproject participant means a person responsible from time to time\nfor the project or any part or aspect of the project and includes:\n(a) a subsidiary of a project participant that participates in the\nproject; or\n(b) a contractor or other person acting on behalf a project\nparticipant.\nroad, see section 5(1) of the Control of Roads Act 1953.\nTransport Minister means the Minister responsible for the\nadministration of the Control of Roads Act 1953 (except Part IV).\nWater Minister means the Minister responsible for the\nadministration of the Water Act 1992.\nwaterway, see section 4(1) of the Water Act 1992.\nNote for section 2\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n3 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n4 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 4\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n\nPart 3 Roads and waterways\nNorth East Gas Interconnector Pipeline (Special Provisions) Act 2015 3\nPart 2 Priority of applications\n5 Application by Pipeline licensee or project participant\nEach of the following entities must give priority to considering an\napplication received by the entity from the Pipeline licensee or a\nproject participant and related to the construction or operation of the\nPipeline:\n(a) a Minister;\n(b) an Agency;\n(c) an officer of an Agency;\n(d) a statutory corporation;\n(e) a local government council.\nPart 3 Roads and waterways\n6 Construction in road\n(1) The Pipeline licensee may, with the Transport Minister's written\napproval, construct and operate the Pipeline in such a way that it is\nwholly or partly in, under or across a road.\n(2) The conditions that apply to the approval are the conditions that the\nTransport Minister considers appropriate, including conditions that:\n(a) require the installation, maintenance and operation of safety\ndevices; and\n(b) require the reconstruction and maintenance of the road in or\nabove which the pipeline is constructed or operated.\n7 Waterway crossing\n(1) The Pipeline licensee may construct and operate the Pipeline\nacross a waterway if:\n(a) any requirements under a law of the Commonwealth that must\nbe satisfied have been satisfied; and\n(b) the Water Minister has given written approval for the\nconstruction and operation of the Pipeline across the\nwaterway.\n\nPart 4 Sacred sites\nNorth East Gas Interconnector Pipeline (Special Provisions) Act 2015 4\n(2) The following conditions apply to the approval:\n(a) unless the instrument of approval otherwise provides – a\ncondition that a project participant must not:\n(i) prevent, restrict or interfere with the passage of vessels\non the waterway; or\n(ii) divert or use water in the waterway; or\n(iii) obstruct the flow of water in the waterway;\n(b) any other conditions determined by the Water Minister that\nare:\n(i) stated in the instrument of approval; or\n(ii) notified to the Pipeline licensee by the Water Minister.\n8 Compliance with conditions\n(1) The Pipeline licensee must ensure that the conditions that apply to\nan approval under this Part are complied with.\n(2) The Territory may take action to ensure compliance, or to remedy\nnon-compliance, with subsection (1) and recover the costs of doing\nso from the Pipeline licensee.\n(3) The Supreme Court may, on application by the Minister or any\nother person with a proper interest:\n(a) grant an injunction (including a mandatory injunction) to\nenforce compliance with subsection (1); or\n(b) award damages against the Pipeline licensee for\nnon-compliance with this section.\nPart 4 Sacred sites\n9 Work or use of land in proximity to sacred sites\n(1) An Authority Certificate obtained on the application of a project\nparticipant (including one obtained before the commencement of\nthis Act) operates in favour of another project participant who\ncarries out work, or uses land, as contemplated in the certificate.\n(2) The other project participant is bound by:\n(a) the conditions of the certificate; and\n\nPart 6 Miscellaneous matters\nNorth East Gas Interconnector Pipeline (Special Provisions) Act 2015 5\n(b) if an agreement was reached between the custodians and the\napplicant – the terms and conditions of the agreement.\nPart 5 Easement in gross over pastoral land\n10 Easement in gross over pastoral land\n(1) An easement in gross over pastoral land in favour of the Pipeline\nlicensee, or a project participant nominated by the Pipeline\nlicensee:\n(a) may be created by agreement between:\n(i) the Pipeline licensee or the nominated project\nparticipant; and\n(ii) the pastoral lessee; but\n(b) is not valid without the consent of the Lands Minister.\n(2) An easement in gross created under subsection (1) is taken to be\nan easement granted under the Law of Property Act 2000.\n(3) An easement in gross created under subsection (1) may be varied\nor extinguished only by agreement between the parties by which it\nwas created (or their successors).\nPart 6 Miscellaneous matters\n11 Relationship with Planning Act 1999\nThe creation of an interest in, or in respect of, land for purposes\nrelated to the construction or operation of the Pipeline, does not\nconstitute a subdivision of land for the purposes of the Planning\nAct 1999.\n12 Regulations\nThe Administrator may make regulations under this Act.\n\nENDNOTES\nNorth East Gas Interconnector Pipeline (Special Provisions) Act 2015 6\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\nNorth East Gas Interconnector Pipeline (Special Provisions) Act 2015 (Act No. 34, 2015)\nAssent date 10 December 2015\nCommenced 10 December 2015\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 2, 10 and 11.","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":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Endnote 3 records that general amendments of a formal nature were made to sections 2, 10 and 11 by the Interpretation Legislation Amendment Act 2018. Those changes are described as formal and do not indicate a material change to the Act's substantive scope (Endnotes, item 3)."},"complexity_factors":["Multiple cross‑references to other statutes increase legal interaction complexity (definitions and external links: Energy Pipelines Act 1981; Control of Roads Act 1953; Water Act 1992; Pastoral Land Act 1992; Northern Territory Aboriginal Sacred Sites Act 1989; Planning Act 1999; Law of Property Act 2000) (see s2, s6, s7, s9, s10, s11).","Ministerial discretion over approvals and conditions creates variable outcomes and administrative decision‑making (Transport Minister approval and conditions for roads s6(1)–(2); Water Minister approvals and conditions for waterways s7(1)–(2)).","Priority obligation on a broad set of decision‑makers requires procedural change across agencies and local government (s5).","Enforcement and cost recovery powers expose the licensee to financial liability and litigation risk (Territory action and cost recovery s8(2); injunctions and damages s8(3)).","Easement creation requires multi‑party agreement plus Lands Minister consent, adding a statutory consent layer to property transactions (s10(1)).","Reciprocal operation of Authority Certificates binds multiple project participants to conditions and any terms agreed with custodians, creating contract‑like obligations (s9(1)–(2)).","Requirement to comply with any applicable Commonwealth laws for waterway works adds interjurisdictional compliance obligations (s7(1)(a)).","Regulation‑making power allows future detail to be added by the Administrator, creating some forward‑looking legal uncertainty (s12)."],"plain_english_summary":"This Act gives the North East Gas Interconnector Pipeline project special powers: it requires priority handling of project applications, permits construction across roads and waterways with written ministerial approvals, allows easements over pastoral land with Lands Minister consent, and lets project participants rely on Aboriginal sacred‑site Authority Certificates.\n\nThe Territory can enforce conditions, recover compliance costs and seek injunctions; the Act also excludes certain pipeline land interests from subdivision rules. Affected parties include the pipeline licensee, project participants, pastoral lessees, ministers, agencies, councils and custodians of sacred sites."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of facilitating the North East Gas Interconnector Pipeline Project. It has not expanded beyond this specific infrastructure project, and the provisions are narrowly tailored to address the specific regulatory hurdles (roads, waterways, sacred sites, pastoral land) encountered by this single project."},"complexity_factors":["Short statute with only 12 sections across 6 Parts","Minimal conditional logic - most provisions are straightforward permissions or requirements","12 defined terms in section 2, mostly referencing definitions from other Acts rather than creating new complex definitions","Limited cross-referencing - primarily references to other NT Acts for definitions (Sacred Sites Act, Pastoral Land Act, Energy Pipelines Act, etc.)","No nested exceptions or complex procedural requirements","Straightforward administrative structure with ministerial approvals as the primary regulatory mechanism","Single purpose legislation with narrow scope focused on one specific infrastructure project"],"plain_english_summary":"This law fast-tracks a major gas pipeline project called the North East Gas Interconnector, which connects Northern Territory gas supplies to the eastern states of Australia.\n\n**What it does:**\n- **Priority processing**: Government agencies, ministers, and local councils must give priority to any applications from the pipeline company or its contractors related to building or operating the pipeline.\n- **Road access**: Allows the pipeline to be built under or across public roads with approval from the Transport Minister, who can set safety conditions.\n- **Waterway crossings**: Allows the pipeline to cross waterways if federal requirements are met and the Water Minister approves it. The pipeline operator must not block boats, divert water, or obstruct water flow unless specifically allowed.\n- **Sacred site protections**: If one contractor gets permission (called an \"Authority Certificate\") to work near Aboriginal sacred sites, that permission extends to other contractors working on the same project. All contractors must follow the conditions of that permission.\n- **Pastoral land access**: Creates a special legal right (called an \"easement in gross\") for the pipeline company to access pastoral lease land. This requires agreement with the pastoral leaseholder and approval from the Lands Minister.\n- **Planning exemption**: Creating land interests for the pipeline doesn't count as \"subdividing\" land under planning laws, avoiding extra red tape.\n\n**Who it affects:**\n- The pipeline company and its contractors\n- Northern Territory government agencies and ministers (who must prioritise related applications)\n- Pastoral leaseholders (who may need to grant access)\n- Traditional owners and custodians of sacred sites (whose protections are extended across all project contractors)\n- Road users and waterway users (who are protected by safety conditions)\n\n**Why it matters:**\nThis law removes bureaucratic obstacles to get the pipeline built faster. It streamlines approvals across multiple government departments and creates special legal mechanisms for land access, while maintaining environmental and cultural protections through ministerial oversight and conditions."}},"importantCases":[],"_links":{"self":"/api/acts/north-east-gas-interconnector-pipeline-special-provisions-act-2015","history":"/api/acts/north-east-gas-interconnector-pipeline-special-provisions-act-2015/history","analysis":"/api/acts/north-east-gas-interconnector-pipeline-special-provisions-act-2015/analysis","conflicts":"/api/acts/north-east-gas-interconnector-pipeline-special-provisions-act-2015/conflicts","importantCases":"/api/acts/north-east-gas-interconnector-pipeline-special-provisions-act-2015/important-cases","documents":"/api/acts/north-east-gas-interconnector-pipeline-special-provisions-act-2015/documents"}}