38Consent to commencement or resumption of operations or

38 Consent to commencement or resumption of operations or testing of pipeline (1) The Minister may, on application in writing served on the Minister by a licensee whose pipeline has not previously been in operation, if of the opinion that the pipeline is constructed to the required standards and may with safety be tested, by instrument in writing served on the licensee, consent to the testing of the pipeline. (1A) The Minister may, on application in writing, served on the Minister by a licensee who has ceased, otherwise than for a reason referred to in section 37(2) to operate a pipeline specified in the licence or whose pipeline has not previously been in operation but has been tested in pursuance of subsection (1), if of the opinion that the pipeline has been maintained or repaired or tested, as the case may be, to the required standard and may safely be operated, by instrument in writing served on the licensee, consent to the commencement or resumption of operations, as the case may be. (2) A consent under subsection (1) or (1A) may be subject to such conditions, if any, as the Minister thinks fit and specifies in the instrument of consent. (2A) Without limiting the generality of subsection (2), the Minister may require the licensee to take out and maintain a policy of insurance of a kind approved by the Minister against claims resulting from any injury to a person or to land (including the licence area) or personal property as the result of anything done in pursuance or purported pursuance of the licence or a condition of the licence or a direction or other authority under this Act, and to insure and indemnify the Minister and the Territory against any such claims. (3) A person must not: (a) test a pipeline; (b) allow the introduction of an energy-producing hydro-carbon into a pipeline referred to in subsection (1A); or

Energy Pipelines Act 1981 38 (c) operate a pipeline referred to in subsection (1A), except in accordance with a consent granted under this section. (4) In this section operate means deliver energy-producing hydro- carbons at the point of outlet for commercial use or further delivery or processing.