What it does
The Dampier to Bunbury Pipeline Act 1997 (the Act) establishes a comprehensive statutory mechanism for the privatisation of the Dampier to Bunbury Natural Gas Pipeline (DBNGP) system while simultaneously creating a enduring State-controlled land corridor to support its ongoing operation. At its core, the legislation performs three interlocking functions.
First, Part 2 authorises the Gas Corporation (corporation) to dispose of the corporation’s DBNGP system (defined in s. 3 as the gas pipeline between Dampier and Bunbury together with associated equipment identified under the now-repealed Gas Corporation Act 1994 Sch. 5). The Minister may direct the corporation to undertake the disposal (s. 6(2)), and such directions are tabled in Parliament (s. 6(4)). Sale proceeds may be directed to the Treasurer or the DBNGP Corridor Trust Account (s. 8). Validation provisions (s. 12) retroactively validate pre-commencement steps taken in anticipation of the sale.
Second, Part 3 provides the machinery for assigning the corporation’s assets and liabilities to a purchaser. The Minister may make transfer orders published in the Gazette (s. 15) that operate, at the specified transfer time, to vest specified assets and liabilities in the assignee and to substitute the assignee for the corporation in related agreements and instruments (s. 16). The definitions of “assets”, “liability” and “right” in s. 14 are deliberately expansive, capturing tangible and intangible property, contingent obligations, and certain internal corporate arrangements (s. 19). Subsequent assignability is confirmed (s. 26), removing any statutory bar that might otherwise prevent further transfers. Contractual modifications (s. 20) and State indemnities (s. 21) provide commercial certainty. Registration, correction, and saving provisions (ss. 22-24) ensure the transfer is effective at law and protected from challenge on technical grounds.