13Application for licence

13 Application for licence (1) An application for a licence may be made by a person who: (a) at the time of making the application holds, or within 6 months before making the application has held, a permit; or (b) is able to satisfy the Minister that, notwithstanding that he has never, or has not within the period of 6 months before making the application, held a permit, has obtained sufficient data relating to the route of the proposed pipeline to submit an application which complies with subsection (2). (2) An application for a licence: (b) shall be accompanied by particulars of: (i) the design and construction of the proposed pipeline; (ii) the provisions for cathodic protection of the proposed pipeline; (iii) the size and capacity of the proposed pipeline; (iv) the substance intended to be conveyed through the proposed pipeline; (v) the proposals of the applicant for work and expenditure in respect of the construction of the proposed pipeline; (vi) the machinery and equipment that the applicant intends to use in the construction of the proposed pipeline; (vii) the technical qualifications of the applicant and of his employees; (viii) the technical advice available to the applicant; and (ix) the financial resources available to the applicant; (c) shall be accompanied by a plan, drawn in the prescribed manner: (i) showing: (A) the route of the proposed pipeline; (BA) the land that is proposed by the applicant to be the licence area; Energy Pipelines Act 1981 15 (BB) the corridor of land, 25 m wide, extending for 12.5 m on either side of the route of the proposed pipeline specified under subparagraph (A); (B) the situation of proposed apparatus or works; and (C) the land, if any, proposed to be used for the purpose of gaining access to the proposed pipeline and proposed apparatus or works; and (ii) on which shall be identified the land, or easements over land, referred to in paragraph (e); (d) shall be accompanied by particulars of agreements entered into, or proposed to be entered into, by the applicant for the acquisition by him of, or of easements over, the land shown in the plan referred to in paragraph (c); (da) shall specify: (i) the name and address of each person whose operations on or interest in the land shown in the plan under paragraph (c) in accordance with paragraph (c)(i)(BB) may be affected by the operation of section 66 if the pipeline to which the application relates were to be constructed; and (ii) the agreement or arrangement, if any, made between the applicant and a person referred to in subparagraph (i) in relation to the person's operations and interests; (e) shall specify, in relation to each part of the proposed pipeline, the proposed route of which is on or across Aboriginal land, within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth, or on or across land held by the Commonwealth, particulars of the land, or the easements over land acquired or agreed to be acquired for the purpose of constructing and operating the proposed pipeline or gaining access to the proposed pipeline; (f) shall be accompanied by copies of the notices which the applicant has served under subsection (4); (g) may set out any other matters that the applicant wishes the Minister to consider; and (h) shall be accompanied by the fee prescribed by regulation. Energy Pipelines Act 1981 16 (3) The Minister may, at any time, by instrument in writing served on an applicant, require him to furnish to the Minister, within the time specified in the instrument, further information in writing in connection with his application. (4) At the time of making an application for a licence, the applicant shall serve a notice in the prescribed form on: (a) each local government council within whose local government area any part of the proposed pipeline is intended to be situated; and (b) each owner and occupier of land specified in the application and each person whose operations on or interest in the land shown in the plan under subsection (2)(c)(i)(BB) may be affected by the operation of section 66 if the pipeline to which the application relates were to be constructed; and (ba) the registered native title claimants and registered native title bodies corporate (if any) in relation to any affected land or (baa) the representative Aboriginal/Torres Strait Islander bodies in relation to any of the affected land or waters unless the grant of the licence is not a future act, that an application has been made. (4A) A notice under subsection (4) is to contain: (a) a description of the affected land or waters of the land; and (b) a statement to the effect that a map showing the proposed route of the proposed pipeline may be examined at the place or places, and at the times, specified in the notice; and (c) a statement to the effect that: within 28 days after the date of service of the notice, lodge in writing with the Minister representations about the grant of the licence; and of the affected land or waters may, within 28 days after being served with the notice, lodge in writing with the Minister comments on the grant of the licence. Energy Pipelines Act 1981 17 (5) The Minister shall, as soon as practicable after receiving an application for a licence, and at the expense of the applicant, publish: (a) in the Gazette; (b) in a daily newspaper circulating generally in the Territory; and (c) in such other newspapers as the Minister thinks fit, a notice that he has received the application and that a map showing the proposed route of the proposed pipeline may be examined at the place or places, and at the times, specified in the notice. (6) The Minister may direct an applicant for a licence to inform such other persons as the Minister thinks fit that the application has been made.