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Energy Pipelines Act 1981
42Directions as to conveyances of energy-producing hydro-
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42 Directions as to conveyances of energy-producing hydro-
carbons
(1) Where:
(a) a person, by instrument in writing served on a licensee,
requests the licensee to enter into an agreement for the
conveyance of energy-producing hydro-carbons through the
pipeline specified in the licensee's licence; and
(b) that person and the licensee do not, within 3 months after the
instrument is served on the licensee, enter into such an
agreement,
that person may apply to the Minister for a direction under this
section.
(1A) Subsection (1) does not apply in relation to a pipeline, or a part of a
pipeline, that is a covered pipeline within the meaning of the
National Gas (NT) Law as defined in the National Gas (Northern
Territory) Act 2008.
(2) An application under this section:
and
(b) shall set out the matters that the applicant wishes the Minister
to consider in relation to the application.
(3) The Minister:
(a) shall serve notice of an application under subsection (2) on
the licensee concerned;
(b) may serve notice of the application on such other persons as
he thinks fit; and
(c) shall specify in a notice served under this subsection a date
on or before which the licensee or other person, if any, on
whom the notice is served may submit to the Minister in
writing matters that he wishes the Minister to consider in
connection with the application.
Energy Pipelines Act 1981 41
(4) After considering matters submitted to him under subsection (3) on
or before the specified date and such other matters as he thinks fit,
the Minister, by instrument in writing served on the licensee and the
applicant:
(a) may give to the licensee and to the applicant, and may give to
any other person lawfully entitled to use the pipeline, such
directions as he thinks fit for or in relation to the use of the
pipeline by the licensee, the applicant and such other person;
or
(b) may refuse the application.
(5) Without limiting the generality of subsection (4), directions under
subsection (4)(a) may include a direction as to the amount to be
paid to the licensee by the applicant and any other person lawfully
entitled to use the pipeline.
(6) A person to whom a direction under subsection (4) is given shall
comply with and not contravene the direction.
Maximum penalty for an offence against subsection (6):
In the case of a natural person – 40 penalty
200 penalty units and 10 penalty units for
each day during which the offence