What it does
The Energy Pipelines Act 1981 (NT) establishes a comprehensive statutory framework for the authorisation, construction, operation, maintenance, variation, surrender, cancellation and eventual abandonment of pipelines used to convey energy-producing hydrocarbons. As stated in the long title, it makes provision for “the construction, operation, maintenance and cessation of use or abandonment of pipelines for the conveyance of energy-producing hydro-carbons, and for related purposes”.
At its core the Act operates a two-stage entry system. Part II requires a person who wishes to determine the route of a proposed pipeline first to obtain a permit (s 5). The permit allows entry onto specified land to conduct surveys, take samples and identify access routes (s 11). The permit is time-limited (initially 12 months, extendable) and may be granted subject to conditions directed at minimising impact on native title rights and interests (s 9(1)(c)).
Once survey data is obtained, a licence is required under Part III before any person may commence or continue construction, alteration, reconstruction or operation of a pipeline (s 12(1)–(2)). The licence application must be supported by detailed engineering, financial, technical and environmental information (s 13(2)). The Minister must publish notice of the application and consider representations from local government councils, owners, occupiers, registered native title claimants, representative Aboriginal/Torres Strait Islander bodies and existing permittees or licensees (s 13(4)–(5)). The Minister’s decision must have regard to the public interest, the applicant’s financial and technical capacity, compliance with planning controls, environmental impacts and effects on native title (s 15(2)).
Licences may be granted for a fixed term not exceeding 21 years (pre-2003 licences) or indefinitely (post-2003 licences) (s 19). They are subject to conditions including security lodgement (s 17(2)(a)), completion timelines, environmental reinstatement and measures to minimise native title impacts (s 17). The Act contains detailed mechanisms for variation of route, licence area or conditions (ss 20–21D), renewal (s 16), surrender (s 24), cancellation for breach (s 25) or in the public interest (s 26), and ministerial directions to alter route at the cost of the requesting minister or body (s 26).