{"id":"transterritory-pipeline-and-blacktip-gas-projects-special-provisions-act-2005","name":"Trans-territory Pipeline and Blacktip Gas Projects (Special Provisions) Act 2005","slug":"trans-territory-pipeline-and-blacktip-gas-projects-special-provisions-act-2005","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30679,"registerId":"nt-transterritory-pipeline-and-blacktip-gas-projects-special-provisions-act-2005-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Trans-territory Pipeline and Blacktip Gas Projects (Special Provisions) Act 2005","content":"NORTHERN TERRITORY OF AUSTRALIA\nTRANS-TERRITORY PIPELINE AND BLACKTIP GAS PROJECTS\n(SPECIAL PROVISIONS) ACT 2005\nAs in force at 6 May 2005\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Expiry .............................................................................................. 1\n3 Act binds Crown .............................................................................. 1\n4 Definitions ........................................................................................ 1\nPart 2 Crossing or roads and waterways\n5 Road crossing.................................................................................. 3\n6 Waterway crossing .......................................................................... 3\nPart 3 Application of Northern Territory\nAboriginal Sacred Sites Act\n7 Effect of Authority Certificate ........................................................... 4\nPart 4 Application of Waste Management and\nPollution Control Act\n8 Application ....................................................................................... 5\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 6 May 2005\n____________________\nTRANS-TERRITORY PIPELINE AND BLACKTIP GAS PROJECTS\n(SPECIAL PROVISIONS) ACT 2005\nAn Act to make special provisions for the Trans-Territory Pipeline\nProject and the Blacktip Gas Project, and for related purposes\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Trans-Territory Pipeline and Blacktip\nGas Projects (Special Provisions) Act 2005.\n2 Expiry\n(1) If the Minister administering this Act declares, by notice in the\nGazette, that this Act ceases to operate on and after a specified\ndate, being a date not earlier than the date of the notice, this Act\nexpires on that date.\n(2) However, the Minister may not make such a declaration:\n(a) before 31 December 2005; or\n(b) after the construction work for a Project has commenced.\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 Definitions\nIn this Act, unless the contrary intention appears:\nBlacktip Gas Project means the project for the construction and\noperation of all of the following facilities:\n(a) an offshore gas platform;\n(b) an onshore gas plant near Wadeye community;\n\nPart 1 Preliminary\nTrans-Territory Pipeline and Blacktip Gas Projects (Special Provisions) Act 2005 2\n(c) a pipeline from the gas platform to the onshore gas plant;\n(d) all the associated infrastructure for the project.\nconsortium, in relation to a Project, means the person, or a group\nof persons, responsible for one or both of the following:\n(a) constructing the facilities of the Project;\n(b) operating any of those facilities after they have been\nconstructed,\nand includes the following:\n(c) a member of the group;\n(d) the successors and assignees of the person, the group or a\nmember of the group;\n(e) a contractor or any other person acting for or on behalf of the\nperson, the group or a person mentioned in paragraph (c)\nor (d) in connection with constructing or operating the facilities\nof the Project.\nfacilities means:\n(a) for the Blacktip Gas Project – the facilities mentioned in\nparagraphs (a), (b), (c) and (d) of the definition of Blacktip\nGas Project; or\n(b) for the Trans-Territory Pipeline Project – the facilities\nmentioned in paragraphs (a) and (b) of the definition of Trans-\nTerritory Pipeline Project.\npipeline has the same meaning as in the Energy Pipelines Act\n1981.\nProject means the Blacktip Gas Project or the Trans-Territory\nPipeline Project.\nroad has the same meaning as in the Control of Roads Act 1953.\nTrans-Territory Pipeline means a pipeline from Wadeye to Gove.\nTrans-Territory Pipeline Project means the project for the\nconstruction and operation of the following facilities:\n(a) the Trans-Territory Pipeline;\n(b) all the associated infrastructure for the project.\n\nPart 2 Crossing or roads and waterways\nTrans-Territory Pipeline and Blacktip Gas Projects (Special Provisions) Act 2005 3\nwaterway has the same meaning as in the Water Act 1992.\nPart 2 Crossing or roads and waterways\n5 Road crossing\n(1) Despite any other law of the Territory, the consortium for the Trans-\nTerritory Pipeline Project may construct and operate the Trans-\nTerritory Pipeline across a road.\n(2) However, the consortium may only do so:\n(a) with the written approval of the Minister administering the\nControl of Roads Act 1953 (except Part IV) (the Transport\nMinister); and\n(b) in accordance with any conditions specified in the approval.\n(3) For subsection (2)(b), the Transport Minister may specify any\nconditions that the Transport Minister considers appropriate,\nincluding any of the following:\n(a) the installation, operation and maintenance of safety devices\nfor the crossing;\n(b) the construction, use and maintenance of the road at and on\neither side of the crossing.\n(4) If the consortium fails to comply with any of the conditions:\n(a) the Territory may take any action necessary to give effect to\nthe condition; and\n(b) the reasonable costs and expenses incurred by the Territory in\ntaking that action are recoverable as a debt due to the\nTerritory from the consortium.\n6 Waterway crossing\n(1) Despite any other law of the Territory, but subject to subsection (6),\nthe consortium for the Trans-Territory Pipeline Project may\nconstruct and operate the Trans-Territory Pipeline across a\nwaterway.\n(2) However, the consortium must not:\n(a) prevent, restrict or interfere with the passage of vessels on the\nwaterway;\n(b) divert or use water in the waterway; or\n\nPart 3 Application of Northern Territory Aboriginal Sacred Sites Act\nTrans-Territory Pipeline and Blacktip Gas Projects (Special Provisions) Act 2005 4\n(c) obstruct the flow of water in the waterway.\n(3) Despite subsection (2), the consortium may do any of the things\nmentioned in subsection (2)(a), (b) or (c):\n(a) with the written approval of the Minister administering the\nWater Act 1992 (the Water Minister); and\n(b) in accordance with any conditions specified in the approval.\n(4) For subsection (3)(b), the Water Minister may specify any\nconditions that the Water Minister considers appropriate.\n(5) If the consortium fails to comply with any of the conditions:\n(a) the Territory may take any action necessary to give effect to\nthe condition; and\n(b) the reasonable costs and expenses incurred by the Territory in\ntaking that action are recoverable as a debt due to the\nTerritory from the consortium.\n(6) This section has effect subject to any requirement under a law of\nthe Commonwealth that must be satisfied before the Territory may\ngrant the consortium a right in relation to crossing a waterway.\nPart 3 Application of Northern Territory Aboriginal\nSacred Sites Act\n7 Effect of Authority Certificate\n(1) This section has effect in relation to any Authority Certificate issued\n(whether before or after the commencement of this Act) under the\nNorthern Territory Aboriginal Sacred Sites Act 1989 authorising any\naction to be taken for a Project.\n(2) The consortium for the Project may, subject to the conditions of the\nAuthority Certificate, take the action as if the consortium were the\napplicant for that Authority Certificate (whether or not that is in fact\nthe case).\n\nPart 4 Application of Waste Management and Pollution Control Act\nTrans-Territory Pipeline and Blacktip Gas Projects (Special Provisions) Act 2005 5\nPart 4 Application of Waste Management and\nPollution Control Act\n8 Application\n(1) The Waste Management and Pollution Control Act 1998 has effect\nas if the following had been inserted at the end of Schedule 2, Part\n1 to that Act:\n4. Constructing an onshore gas plant as part of the Blacktip Gas\nProject within the meaning of the Trans-Territory Pipeline and\nBlacktip Gas Projects (Special Provisions) Act 2005.\n(2) The Waste Management and Pollution Control Act 1998 has effect\nas if the following had been inserted at the end of Schedule 2, Part\n2 to that Act:\n6. Operating an onshore gas plant as part of the Blacktip Gas Project\nwithin the meaning of the Trans-Territory Pipeline and Blacktip Gas\nProjects (Special Provisions) Act 2005.\n\nENDNOTES\nTrans-Territory Pipeline and Blacktip Gas Projects (Special Provisions) Act 2005 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\nTrans-Territory Pipeline and Blacktip Gas Projects (Special Provisions) Act 2005 (Act\nNo. 23, 2005)\nAssent date 6 May 2005\nCommenced 6 May 2005\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 4, 5, 6, 7 and 8.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Act is narrowly focused on providing project‑specific exceptions and clarifications for the Trans‑Territory Pipeline and Blacktip Gas projects. Endnotes record that later changes (Interpretation Legislation Amendment Act 2018) were formal amendments of a technical nature to ss 4–8 and did not materially expand the scope or purpose of the Act. The Act remains targeted to those projects and does not appear to have grown beyond its original, project‑specific purpose."},"complexity_factors":["Short, targeted Act (8 substantive sections plus preliminary material)","Single interpretation section with limited set of defined terms (s4)","Cross‑references to multiple external Acts: Control of Roads Act 1953, Water Act 1992, Northern Territory Aboriginal Sacred Sites Act 1989, Waste Management and Pollution Control Act 1998, Energy Pipelines Act 1981","Ministerial discretion and conditional approvals (s5(2)–(3), s6(3)–(4)) introducing administrative judgment","Enforcement/recovery mechanism that converts compliance costs into recoverable debts (s5(4), s6(5))","Subject to Commonwealth law for waterways (s6(6)), adding an external precondition","Temporary/expiry mechanism with timing constraints (s2) — conditional termination logic"],"plain_english_summary":"This short, temporary law creates project‑specific exceptions for two gas projects, letting their consortiums cross Territory roads and waterways (with ministerial approval and conditions), act under existing Aboriginal sacred‑sites certificates, and brings the Blacktip onshore plant into Territory waste/pollution lists. It binds the Crown and can be declared expired after a set date.\n\nPractically, it centralises discretionary approvals with ministers, shifts compliance costs and enforcement risk onto the consortiums, and narrows ordinary legal obstacles for these named projects."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the Trans-Territory Pipeline and Blacktip Gas Projects through specific regulatory exemptions and clarifications. The scope has not expanded beyond these two named projects."},"complexity_factors":["Short length: only 8 sections across 4 Parts","Minimal defined terms: 8 definitions in section 4, mostly straightforward project descriptions","Simple conditional structure: basic 'despite any other law' overrides with ministerial approval requirements","No nested exceptions: conditions are flat and clearly stated in subsections (2)-(5) of sections 5 and 6","Single cross-reference mechanism: section 8 uses a 'has effect as if inserted' drafting technique to amend another Act without direct textual amendment","Clear temporal limitation: section 2 provides a simple expiry trigger based on ministerial declaration or construction commencement"],"plain_english_summary":"This is a short, special-purpose law from the Northern Territory that fast-tracks two major gas infrastructure projects: a pipeline running from Wadeye to Gove (the Trans-Territory Pipeline) and the Blacktip Gas Project (an offshore gas platform, pipeline, and onshore plant near Wadeye).\n\n**What it does:**\n- **Lets the pipeline cross roads and waterways** without needing multiple separate approvals under other laws, provided the Transport Minister (for roads) or Water Minister (for waterways) gives written approval and sets conditions.\n- **Protects Aboriginal sacred sites** by confirming that an \"Authority Certificate\" (a permit under the Sacred Sites Act) issued for either project can be used by the project consortium, even if they weren't the original applicant.\n- **Brings the gas plant under pollution laws** by adding the construction and operation of the Blacktip onshore gas plant to the list of activities that need environmental approval under the Waste Management and Pollution Control Act.\n\n**Who it affects:**\n- The companies building and running these projects (the \"consortium\").\n- Northern Territory government ministers who must approve crossings and set conditions.\n- Traditional owners and custodians of sacred sites, as the law clarifies how permits apply to project companies.\n\n**Why it matters:**\nThis law cuts through red tape to get major energy infrastructure built quickly, while still requiring ministerial sign-off for road and water crossings and maintaining environmental and sacred site protections. It has a built-in expiry mechanism: the Minister can declare it stops operating once construction begins or after 31 December 2005 at the earliest."}},"importantCases":[],"_links":{"self":"/api/acts/trans-territory-pipeline-and-blacktip-gas-projects-special-provisions-act-2005","history":"/api/acts/trans-territory-pipeline-and-blacktip-gas-projects-special-provisions-act-2005/history","analysis":"/api/acts/trans-territory-pipeline-and-blacktip-gas-projects-special-provisions-act-2005/analysis","conflicts":"/api/acts/trans-territory-pipeline-and-blacktip-gas-projects-special-provisions-act-2005/conflicts","importantCases":"/api/acts/trans-territory-pipeline-and-blacktip-gas-projects-special-provisions-act-2005/important-cases","documents":"/api/acts/trans-territory-pipeline-and-blacktip-gas-projects-special-provisions-act-2005/documents"}}