NORTHERN TERRITORY OF AUSTRALIA
BONAPARTE GAS PIPELINE (SPECIAL PROVISIONS) ACT 2007
As in force at 7 November 2011
Table of provisions
Part 1 Preliminary
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
4 Act binds Crown .............................................................................. 2
Part 2 Roads and waterways
5 Road crossing.................................................................................. 2
6 Waterway crossing .......................................................................... 3
7 Compliance with conditions of crossing ........................................... 3
Part 3 Sacred sites
8 Work or use of land in proximity to sacred sites .............................. 4
Part 4 Easement in gross over pastoral land
9 Easement in gross over pastoral land ............................................. 4
Part 5 Extractive minerals
10 Special provisions for grant of extractive mineral lease or
permit .............................................................................................. 5
Part 6 Miscellaneous
11 Non-application of Planning Act 1999 .............................................. 6
12 Regulations...................................................................................... 6
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 7 November 2011
BONAPARTE GAS PIPELINE (SPECIAL PROVISIONS) ACT 2007
An Act to make special provision for the Bonaparte Gas Pipeline Project
Part 1 Preliminary
1 Short title
This Act may be cited as the Bonaparte Gas Pipeline (Special
Provisions) Act 2007.
2 Commencement
This Act commences on the date fixed by the Administrator by
Gazette notice.
3 Definitions
custodian, see the Northern Territory Aboriginal Sacred Sites
Act 1989.
Lands Minister means the Minister responsible for administering
the Pastoral Land Act 1992.
pastoral land, see the Pastoral Land Act 1992.
pastoral lease, see the Pastoral Land Act 1992.
Pipeline means the Bonaparte Gas Pipeline i.e. the pipeline (or
proposed pipeline) between Wadeye and the Amadeus to Darwin
Gas Pipeline and includes all associated infrastructure and
equipment.
Note
In the above definition, pipeline has the same meaning as in the Energy Pipelines
Act 1981.
Pipeline licensee means the licensee for the Pipeline under the
Energy Pipelines Act 1981.
Project means the project for constructing and operating the
Pipeline.
Part 2 Roads and waterways
Bonaparte Gas Pipeline (Special Provisions) Act 2007 2
project participant means a person or persons for the time being
responsible for the Project or any part or aspect of the Project and
includes:
(a) a subsidiary of a project participant that participates in the
Project; or
(b) a contractor or other person acting on behalf a project
participant.
road, see the Control of Roads Act 1953.
sacred sites certificate means a certificate granted under
section 22 of the Northern Territory Aboriginal Sacred Sites
Act 1989 (described in that Act as an Authority Certificate).
Transport Minister means the Minister responsible for the
administration of the Control of Roads Act 1953 (except Part IV).
Water Minister means the Minister responsible for the
administration of the Water Act 1992.
waterway, see the Water Act 1992.
4 Act binds Crown
This Act binds the Crown in right of the Territory and, to the extent
the legislative power of the Legislative Assembly permits, the
Crown in all its other capacities.
Part 2 Roads and waterways
5 Road crossing
(1) The Pipeline licensee may, with the Transport Minister's written
approval, construct and operate the Pipeline across a road.
(2) The approval may be given on conditions the Transport Minister
considers appropriate.
(3) The conditions may (for example):
(a) require the installation, maintenance and operation of safety
devices; and
(b) require the re-construction and maintenance of the road above
and to either side of the crossing.
Part 2 Roads and waterways
Bonaparte Gas Pipeline (Special Provisions) Act 2007 3
6 Waterway crossing
(1) The Pipeline licensee may, with the Water Minister's written
approval, construct and operate the Pipeline across a waterway.
(2) The approval is subject to the following conditions:
(a) a condition that, except as allowed by the conditions of the
approval, a project participant must not:
(i) prevent, restrict or interfere with the passage of vessels
on the waterway; or
(ii) divert or use water in the waterway; or
(iii) obstruct the flow of water in the waterway;
(b) further conditions, determined by the Water Minister, and
stated in the instrument of approval or notified to the Pipeline
licensee by the Water Minister.
(3) This section operates subject to any requirement under a law of the
Commonwealth that must be satisfied before the Territory may
grant rights that it confers.
7 Compliance with conditions of crossing
(1) The Pipeline licensee must ensure that the conditions of an
approval under this Part are complied with.
(2) The Territory may take action to ensure compliance, or to remedy
non-compliance, with this section and recover the costs of doing so
from the Pipeline licensee.
(3) The Supreme Court may, on application by the Minister or any
other person with a proper interest:
(a) grant an injunction (including a mandatory injunction) to
enforce compliance with this section; or
(b) award damages against the Pipeline licensee for
non-compliance with this section.
Part 4 Easement in gross over pastoral land
Bonaparte Gas Pipeline (Special Provisions) Act 2007 4
Part 3 Sacred sites
8 Work or use of land in proximity to sacred sites
(1) A sacred sites certificate obtained on the application of a project
participant (including one obtained before the commencement of
this Act) operates in favour of another project participant who
carries out work, or uses land, as contemplated in the certificate.
(2) The other project participant is bound by:
(a) the conditions of the certificate; and
(b) if an agreement was reached between the custodians and the
applicant – the terms and conditions of the agreement.
Part 4 Easement in gross over pastoral land
9 Easement in gross over pastoral land
(1) An easement in gross over pastoral land may be created in favour
of the Pipeline licensee, or a project participant nominated by the
Pipeline licensee, by agreement.
(2) The agreement:
(a) is to be made between:
(i) the Pipeline licensee or the nominated project
participant; and
(ii) the pastoral lessee; and
(b) requires the consent of the Lands Minister.
(3) An easement in gross created under this section is taken to be an
easement granted under the Law of Property Act 2000.
(4) An easement in gross created under this section may only be
varied or extinguished by agreement between the parties by which
it was created (or their successors).
Part 5 Extractive minerals
Bonaparte Gas Pipeline (Special Provisions) Act 2007 5
Part 5 Extractive minerals
10 Special provisions for grant of extractive mineral lease or
permit
(1) The Minister may, if satisfied that the relevant consents have been
obtained, grant an extractive mineral lease or an extractive mineral
permit under Part 4 of the Mineral Titles Act 2010 to a project
participant.
(2) The relevant consents are:
(a) the consents of the owner and the occupier of the land in
relation to which the lease or permit is sought; and
(b) any consent required under the Native Title Act 1993 (Cth) or,
if the land is Aboriginal land, the Aboriginal Land Rights
(Northern Territory) Act 1976 (Cth); and
(c) if the land is subject to a mineral interest – the consent of the
holder of the mineral interest.
(3) The extractive mineral lease or extractive mineral permit must be
consistent with the terms and conditions of the relevant consents.
(4) The following provisions of the Mineral Titles Act 2010 do not apply
to an application for an extractive mineral lease or an extractive
mineral permit to which this section applies:
(a) the provisions requiring notification of, and allowing for
objections against, the application;
(d) any other provisions excluded by regulation.
(5) This section does not prevent a project participant from applying
for, or the Minister responsible for the administration of the Mineral
Titles Act 2010 from granting to a project participant, an extractive
mineral lease or an extractive mineral permit apart from this
section.
(6) In this section:
mineral interest means one of the following:
(a) a mineral title mentioned in section 11(1) of the Mineral Titles
Act 2010;
(b) a non-compliant existing interest as defined in section 204(1)
of the Mineral Titles Act 2010.
Part 6 Miscellaneous
Bonaparte Gas Pipeline (Special Provisions) Act 2007 6
Part 6 Miscellaneous
11 Non-application of Planning Act 1999
The creation of an interest in, or in respect of, land for purposes
related to the construction or operation of the Pipeline, does not
constitute a subdivision of land for the purposes of the Planning
Act 1999.
12 Regulations
The Administrator may make regulations under this Act.
ENDNOTES
Bonaparte Gas Pipeline (Special Provisions) Act 2007 7
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Bonaparte Gas Pipeline (Special Provisions) Act 2007 (Act No. 35, 2007)
Assent date 12 December 2007
Commenced 9 January 2008 (Gaz G1, 9 January 2008, p 12)
Mineral Titles (Consequential Amendments) Act 2010 (Act No. 37, 2010)
Assent date 18 November 2010
Commenced 7 November 2011 (Gaz G41, 12 October 2011, p 5)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 9, 10 and 11
4 LIST OF AMENDMENTS
s 10 amd No. 37, 2010, s 4