3Interpretation

3 Interpretation (1) In this Act, unless the contrary intention appears: affected land or waters: (a) means land or waters comprised in, or proposed to be comprised in, a permit or licence; and (b) in relation to a licence, includes the corridor described in section 66. apparatus or works means: (a) structures for protecting or supporting a pipeline; or (b) storage tanks, loading terminals and works and buildings used or to be used for purposes connected with or incidental to the operation of a pipeline, and fixed equipment or machinery used or to be used for purposes connected with or incidental to the operation or use thereof. Energy Pipelines Act 1981 2 Crown lands means all lands of the Territory, including: (a) the bed of the sea within the limits of the Territory; (b) an estate in fee simple held by the Territory; and (c) reserved or dedicated land, but does not include land the subject of an incomplete purchase. energy-producing hydro-carbon means a naturally occurring or refined hydro-carbon or mixture of hydro-carbons, whether in a liquid, solid or gaseous state, or such a hydro-carbon or mixture of hydro-carbons mixed with such other substances as may be present. incomplete purchase, in relation to land, means a conditional purchase or a purchase by auction or otherwise of the fee simple from the Crown under the Crown Lands Act 1992 in respect of which any of the purchase money remains unpaid. inspector means a person appointed as an inspector under section 63. land means: (a) land held for an estate in fee simple other than land referred to in paragraph (b) or (d); (b) Crown land; (c) land the subject of an incomplete purchase; (d) a perpetual lease under the Crown Lands Act 1992 or a perpetual pastoral lease under the Pastoral Land Act 1992; (e) land, not being Crown land, owned by or vested in a person on behalf of the Crown or a public authority; and (f) land or waters in respect of which there are native title rights and interests. licence means a licence granted under Part III or section 43. licence area, in relation to a licence, means the land specified in the licence as being the licence area. licensee means the registered holder of a licence. native title and native title rights and interests have the meaning given in section 223 of the Native Title Act. Energy Pipelines Act 1981 3 Native Title Act means the Native Title Act 1993 of the Commonwealth. native title holder has the meaning given in section 224 of the Native Title Act. owner: (a) in relation to land, other than Crown land or land owned by or vested in a person on behalf of the Crown or a public authority representing the Crown, includes every person who jointly or severally, whether at law or in equity: (i) is entitled to the land for an estate in fee simple; (ii) is the purchaser under an incomplete purchase, the holder of a perpetual lease under the Crown Lands Act 1992 or a perpetual pastoral lease under the Pastoral Land Act 1992 or a person (not being the purchaser under an incomplete purchase) to whom a person on behalf of the Crown, or a public authority, has lawfully contracted to convey or transfer the fee simple; or (iii) is entitled to receive, or is in receipt of, or if the land were let to a tenant would be entitled to receive, the rents and profits thereof, whether as beneficial owner, trustee, mortgagee in possession, or otherwise; (b) in relation to Crown land and land (not being land specified in a contract referred to in paragraph (a)(ii)) owned by or vested in a person on behalf of the Crown, means the Crown or that person; and (c) in relation to land (not being land specified in a contract referred to in paragraph (a)(ii)) owned by or vested in a public authority, means that public authority. partly cancelled, in relation to a licence, means cancelled as to part of the pipeline or some of the apparatus or works the subject of the licence. permit means a permit granted under Part II. permittee means the registered holder of a permit. pipeline means a pipe or system of pipes that has or have a maximum allowable operating pressure greater than 1050 kilopascals or a hoop stress (being a circumferential stress arising from internal pressure) that is, at one or more positions, Energy Pipelines Act 1981 4 greater than 20% of the specified minimum yield stress specified in the manufacturing standard with which the pipe complies and that are used or intended to be used for the conveyance of an energy- producing hydro-carbon, and includes: (a) all structures for protecting or supporting a pipeline; and (b) all loading terminals, works and buildings and all fittings, pumps, tanks, appurtenances and appliances, used in connection with a pipeline, but does not include: (c) a pipeline as defined in the Petroleum (Submerged Lands) Act 1981; (e) a pipeline constructed or to be constructed on land used for residential, business, agricultural, commercial or industrial purposes, designed for use solely for the residential, business, agricultural, commercial or industrial purposes carried on that land and situated wholly within the boundaries of that land; or (f) a pipeline or a pipeline of a class declared under section 4(2) to be a pipeline in respect of which a licence is not required. public authority means: (a) a minister acting in his official capacity under an Act; or (b) a statutory corporation; or (c) a local government council. register means the register kept under section 44. registered holder, in relation to a licence, means the person whose name is, for the time being, shown in the register as being the holder of the licence. registered native title body corporate has the meaning given in section 253 of the Native Title Act. registered native title claimant has the meaning given in section 253 of the Native Title Act or, if the claimant is replaced under section 66B of that Act, means the person who replaced the claimant. Energy Pipelines Act 1981 5 registered native title rights and interests means: (a) in relation to a registered native title claimant – the native title rights and interests of the claimant described in the relevant entry on the Register of Native Title Claims established and maintained in accordance with Part 7 of the Native Title Act; and (b) in relation to a registered native title body corporate – the native title rights and interests of the body corporate described in the relevant entry on the National Native Title Register established and maintained under Part 8 of the Native Title Act. Registrar means the person for the time being appointed as Registrar for the purposes of the Petroleum Act 1984. relinquished area, in relation to a licence: (a) that has expired or been wholly cancelled – means the licence area; and (b) that has been partly cancelled – means that part of the licence area on which is situated the part of the pipeline in respect of which the licence was partly cancelled. representative Aboriginal/Torres Strait Islander body has the meaning given in section 253 of the Native Title Act. Tribunal means Civil and Administrative Tribunal. wholly cancelled, in relation to a licence, means cancelled as to the whole of the pipeline the subject of the licence. (2) In this Act, a reference to: (a) a pipeline on land, includes a reference to a pipeline in, under, through, across or above the surface of the land; (b) a pipeline, includes a reference to part of a pipeline; (c) a licence, includes a reference to a licence as varied under this Act; and (d) the term of a licence includes a reference to the period the licence is in force. Energy Pipelines Act 1981 6