ENERGY PIPELINES REGULATIONS 2001 (Northern Territory)

The Energy Pipelines Regulations 2001 (Northern Territory) set out the detailed regulatory mechanics that pipeline licensees must follow to construct, operate, modify, decommission and manage energy pipelines under the Energy Pipelines Act 1981. The Regulations do this by (a) prescribing forms, maps and standards for plans and transfers (regs 4-6, 8); (b) establishing fees and how licence fees are calculated (reg 7; Schedule 2); (c) creating mandatory consent gates for construction and operation, with statutory timelines for ministerial decisions (Divisions 1 and 2 of Part 3, regs 10-21); (d) requiring submission, content, revision, acceptance and withdrawal processes for pipeline management plans (Part 4, regs 23-42); (e) mandating incident reporting, recordkeeping and reporting regimes (Part 5, regs 43-45, reg 31); and (f) imposing workforce competence and awareness requirements, and rules about service of documents (Part 6, regs 46-51). The Regulations also set out transitional arrangements for licences granted before commencement (reg 52) and repeal earlier regulations (reg 53, Schedule 3).

Mechanically, the Regulations make a pipeline management plan central to legal compliance. A pipeline licensee may not begin construction or operation unless the Minister has granted consent under the relevant Division, and the Minister must be satisfied that the plan in force provides for the activity and that an appropriate validation is in force (see reg 13(3) for construction and reg 19(3) for operation). The Regulations define validation as a written statement by an independent validator addressing suitability, integrity, consistency with the pipeline management system description, and compliance with standards specified in the plan (reg 3). The plan itself must include a safety policy, descriptions of the pipeline and management system, risk identification and controls, standards applied, document arrangements and reporting arrangements (regs 27-32).

NORTHERN TERRITORY OF AUSTRALIA ENERGY PIPELINES REGULATIONS 2001 As in force at 14 October 2015 Table of provisions Part 1 Preliminary 1 Citation ............................................................................................ 1 2 Interpretation ................................................................................... 1 3 Meaning of validation ....................................................................... 3 Part 2 Prescribed requirements and fees 4 Form of instrument of transfer ......................................................... 3 5 Prescribed map ............................................................................... 3 6 Prescribed plan................................................................................ 4 7 Licence fees .................................................................................... 4 8 Prescribed manner for marking pipelines ........................................ 5 9 Prescribed fees................................................................................ 5 Part 3 Consents Division 1 Consent to construction 10 Consent to construct required to construct pipeline ......................... 5 11 Matters to be agreed before pipeline licensee applies for consent to construct ........................................................................ 5 12 Application for consent to construct ................................................. 5 13 Deciding an application for consent to construct ............................. 6 14 Construction to comply with pipeline management plan .................. 7 15 Notice of route followed by pipeline ................................................. 7 Division 2 Consent to operate 16 Consent to operate required to operate pipeline.............................. 7 17 Matters to be agreed before pipeline licensee applies for consent to operate ........................................................................... 8 18 Application for consent to operate ................................................... 8 19 Deciding an application for consent to operate ................................ 8 20 Operation must comply with pipeline management plan ................. 9 21 Using pipeline to convey compositions of energy-producing hydro-carbons................................................................................ 10 Division 3 Modifying or decommissioning pipeline 22 Modifying or decommissioning pipeline ......................................... 11

Energy Pipelines Regulations 2001 ii Part 4 Pipeline management plans Division 1 Acceptance of pipeline management plan 23 Submission of pipeline management plan ..................................... 12 24 Time limit for accepting or not accepting pipeline management plan ................................................................................................ 12 25 Acceptance of pipeline management plan ..................................... 13 Division 2 Contents of pipeline management plan 26 Contents of pipeline management plan ......................................... 14 27 Description of safety policy ............................................................ 14 28 Description of pipeline ................................................................... 14 29 Description of pipeline management system ................................. 15 30 Description of standards ................................................................ 15 31 Arrangements for documents ........................................................ 15 32 Arrangements for reporting ............................................................ 16 Division 3 Revision of pipeline management plan 33 Revision because of change, or proposed change, of circumstances or operations .......................................................... 16 34 Revision on request by Minister..................................................... 17 35 Revision at the end of each 5 year period ..................................... 18 36 Form of proposed revision ............................................................. 19 37 Time limit for accepting or not accepting proposed revision .......... 19 38 Acceptance of a proposed revision of a pipeline management plan ................................................................................................ 19 39 Effect of non-acceptance of proposed revision .............................. 20 Division 4 Withdrawal of acceptance of pipeline management plan 40 Withdrawal of acceptance of pipeline management plan............... 21 41 Steps to be taken before withdrawal of acceptance ...................... 21 42 Withdrawal of acceptance not affected by other provisions ........... 22 Part 5 Incidents, reports and records 43 Reportable incidents ...................................................................... 22 44 Dealing with documents ................................................................ 23 45 Reporting to Minister ..................................................................... 23 Part 6 Miscellaneous Division 1 Requirements about workers 46 Competence of workers ................................................................. 24

Energy Pipelines Regulations 2001 iii 47 Awareness of legislation ................................................................ 24 48 Involvement of workers in pipeline management plan ................... 25 Division 2 Providing information 49 Notice of contact details ................................................................ 25 50 Minister may decline to consider application or submission if information is not given .................................................................. 25 51 Service, delivery and lodgment of documents ............................... 26 Division 3 Offences 51A Declared provisions ....................................................................... 26 Part 7 Repeal and transitional 52 Application of regulations to licences granted before commencement of these Regulations ........................................... 27 53 Repeal ........................................................................................... 27 Schedule 1 Schedule 2 Prescribed fees Schedule 3 Repealed Regulations ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 14 October 2015

ENERGY PIPELINES REGULATIONS 2001 Regulations under the Energy Pipelines Act 1981 Part 1 Preliminary 1 Citation These Regulations may be cited as the Energy Pipelines Regulations 2001. 2 Interpretation (1) In these Regulations, unless the contrary intention appears: AS followed by a designation refers to the Australian Standard having that designation that is published by the Standards Association of Australia. independent validator, in relation to a validation, means a person who has the necessary competence and ability, and access to data, in relation to the matters being validated, to arrive at an independent opinion on the matters. Pipeline: (a) has the same meaning as in the Act; and (b) includes equipment and systems that are related to a pipeline within the meaning of the Act. pipeline management plan in force, in relation to a pipeline, means: (a) a pipeline management plan for the pipeline submitted by or for the pipeline licensee and accepted under these Regulations; or (b) if the pipeline management plan is accepted in part – that part of the pipeline management plan that is accepted,

Part 1 Preliminary Energy Pipelines Regulations 2001 2 as revised from time to time under these Regulations, but does not include a pipeline management plan for which the acceptance has been withdrawn. pipeline management system description, in relation to a pipeline, means a description of the matters specified in regulation 29 in relation to the pipeline. reportable incident means an incident that: (a) results in significant damage to a pipeline (for example, by reducing the capacity of the pipeline to contain energy- producing hydro-carbons flowing through it); (b) results in the death of a person; (c) results in serious injury to a person; (d) is likely to have a result of a kind mentioned in paragraph (a), (b) or (c); or (e) is of kind that a reasonable pipeline licensee would consider to require immediate investigation. significant pipeline accident event means an event that; (a) is connected (whether immediately or after delay) with work carried out on, or in relation to, a pipeline; and (b) causes, or creates a significant risk of causing, human deaths (for example, because of hydrocarbon releases). validation has the meaning in regulation 3 and validate has a corresponding meaning. (2) In these Regulations, a pipeline is to be taken to be decommissioned if: (a) the pipeline ceases operation, other than: (i) temporarily for maintenance; or (ii) for a period agreed between the Minister and pipeline licensee for the pipeline; or (b) the pipeline is removed. (3) In these Regulations, Australian Standard means a standard for publication on behalf of the Council of the Standards Association of Australia, being the association of that name incorporated by Royal Charter.

Part 2 Prescribed requirements and fees Energy Pipelines Regulations 2001 3 (4) For the purposes of these Regulations: (a) a reference to an Australian Standard or a part of an Australian Standard published on a date specified in these Regulations is to be read as a reference to the Australian Standard or the part of the Australian Standard, as the case requires, approved for publication on that date; and (b) if an Australian Standard refers to another instrument, that instrument is to be taken to be incorporated with, and form part of, the Australian Standard. 3 Meaning of validation (1) A validation of a proposal for a pipeline under these Regulations is a statement in writing by an independent validator that: (a) the proposal is suitable for the purposes for which it is proposed; (b) if the proposal includes a modification of the pipeline that may affect the integrity of the pipeline – there are reasonable grounds to believe that the modification will result in the pipeline being suitable for the purposes for which it is to be used; (c) the proposal is consistent with the pipeline management system description in the pipeline management plan in force for the pipeline; and (d) the proposal complies with any Australian Standards or international standards that are specified in the pipeline management plan as applying to that kind of proposal. (2) A validation is to cover the scope of the validation agreed under these Regulations. Part 2 Prescribed requirements and fees 4 Form of instrument of transfer An instrument of transfer referred to in section 46(3) of the Act is to be in accordance with Form 1 in Schedule 1. 5 Prescribed map For the purposes of section 5(2)(c) of the Act, a prescribed map is a map in an electronic format from the Australian Surveying and Land Information Group.

Part 2 Prescribed requirements and fees Energy Pipelines Regulations 2001 4 6 Prescribed plan For the purposes of section 13(2)(c) of the Act, a plan is to be drawn in an electronic format containing map grids and geographical co-ordinates in accordance with the Geocentric Datum of Australia established by the Intergovernmental Committee on Surveying and Mapping. 7 Licence fees (1) The licence fee payable under section 30(1) of the Act is the greater of the following: (a) an amount equal to 467 revenue units; (b) an amount calculated in accordance with the formula: A = B x C x D, where: A is the fee payable in dollars; and B is the prescribed unit amount; and C is the average internal diameter of the pipeline expressed in metres; and D is the length of the pipeline expressed in metres. (1A) For subregulation (1)(b), the prescribed unit amount is $0.90. (2) However, if the licence fee is payable in respect of a period any part of which is after 30 June 2000, the prescribed unit amount is increased by 10%, on and from 1 July 2000, in respect of the licence fee payable for the part after 30 June 2000. (3) The additional amount payable as a result of the increase in the unit amount is the GST component. (4) Although a licence fee in respect of a period after 30 June 2000 may have been paid, the additional amount of the GST component may be separately charged and is payable by the licensee within one month after the date the charge is made. (5) In this regulation, GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.

Part 3 Consents Division 1 Consent to construction Energy Pipelines Regulations 2001 5 8 Prescribed manner for marking pipelines For the purposes of sections 39(a), 64A and 66 of the Act, the position of a pipeline is to be marked by markers erected in accordance with AS 2885.1-1997. 9 Prescribed fees The fee payable for the purposes of the Act in relation to a matter specified in Schedule 2 is the fee specified opposite the matter. Part 3 Consents Division 1 Consent to construction 10 Consent to construct required to construct pipeline A pipeline licensee must not begin the construction of a pipeline under the licence unless the Minister has granted under this Division a consent to the construction. Maximum penalty: If the offender is a natural person – 200 penalty units. If the offender is a corporation – 1 000 penalty units. 11 Matters to be agreed before pipeline licensee applies for consent to construct A pipeline licensee may apply for a consent under this Division to construct a pipeline only if the licensee and Minister have agreed on: (a) the matters about the activities to which the application relates that are to be described in the pipeline management plan for the pipeline; and (b) the scope of the validation for the proposal to carry out those activities. 12 Application for consent to construct (1) An application for a consent under this Division to construct a pipeline is to be lodged in writing with the Minister. (2) An application may relate to all or some of the activities for designing and constructing the pipeline.

Part 3 Consents Division 1 Consent to construction Energy Pipelines Regulations 2001 6 (3) The application is to include the following information: (a) the name of the applicant; (b) an address of the applicant for communications on matters relating to the pipeline; (c) a facsimile number, or electronic mail address, within Australia for the applicant. (4) The application is to be accompanied by: (a) those parts of the pipeline management plan in force for the pipeline that provide for the activities to which the application relates; and (b) a validation of the proposal to carry out those activities. 13 Deciding an application for consent to construct (1) Within 28 days after an application for a consent to construct a pipeline is lodged under regulation 12, the Minister must decide whether to grant the consent. (2) A decision by the Minister to grant or to refuse to grant a consent to construct is not invalid only because the Minister did not comply with subregulation (1) in relation to an application. (3) The Minister must grant a consent if there are reasonable grounds for believing that: (a) a pipeline management plan in force for the pipeline provides for the activities to which the application relates; and (b) a validation of the proposal to carry out those activities is in force. (4) The Minister may grant a consent to construct for all or some of the activities to which the application relates. (5) If the Minister decides to grant a consent, the Minister must, as soon as practicable, give the applicant the consent in writing. (6) If the Minister decides not to grant a consent for all or some of the activities to which an application relates, the Minister must, as soon as practicable, notify the applicant in writing: (a) that the consent has not been granted for those activities; and (b) the reasons for the decision.

Part 3 Consents Division 2 Consent to operate Energy Pipelines Regulations 2001 7 14 Construction to comply with pipeline management plan A pipeline licensee must not construct a pipeline under the licence unless: (a) a pipeline management plan, or a part of a pipeline management plan, in force for the pipeline provides for the construction; and (b) the pipeline is constructed in a way that is not contrary to that plan or part of a plan. Maximum penalty: If the offender is a natural person – 200 penalty units. If the offender is a corporation – 1 000 penalty units. 15 Notice of route followed by pipeline (1) As soon as practicable after construction of a pipeline has been finished but within 3 months after a consent to operate is granted for the pipeline, the pipeline licensee must notify the Minister in writing of the exact route followed by the pipeline. Maximum penalty: If the offender is a natural person – 20 penalty units. If the offender is a corporation – 100 penalty units. (2) If a notice given by a licensee under subregulation (1) indicates that a part of the route of the pipeline to which the notice relates is located under seawater, the Minister must provide a copy of the relevant part of the notice to the Surveyor-General and to the Australian Hydrographic Office. Division 2 Consent to operate 16 Consent to operate required to operate pipeline A pipeline licensee must not operate a pipeline under the licence unless the Minister has granted a consent under this Division to operate the pipeline. Maximum penalty: If the offender is a natural person – 200 penalty units. If the offender is a corporation – 1 000 penalty units.

Part 3 Consents Division 2 Consent to operate Energy Pipelines Regulations 2001 8 17 Matters to be agreed before pipeline licensee applies for consent to operate A pipeline licensee may apply for a consent under this Division to operate a pipeline only if the licensee and Minister have agreed on: (a) the matters about the operation of the pipeline that are to be described in the pipeline management plan for the pipeline; and (b) the scope of the validation for the proposal to operate the pipeline. 18 Application for consent to operate (1) An application for a consent under this Division to operate a pipeline is to be lodged in writing with the Minister. (2) The application is to include the following information: (a) the name of the applicant; (b) an address of the applicant for communications on matters relating to the pipeline; (c) a facsimile number, or electronic mail address, within Australia for the applicant. (3) The application is to be accompanied by: (a) those parts of the pipeline management plan in force for the pipeline that provide for the operation of the pipeline; (b) a validation of the proposal to operate the pipeline; and (c) if the Minister has, under section 38(2A) of the Act, required the licensee to take out and maintain a policy of insurance – information showing that the pipeline licensee is maintaining the insurance in accordance with the requirement. 19 Deciding an application for consent to operate (1) Within 7 days after an application for a consent under this Division to operate a pipeline is lodged, the Minister must decide whether to grant the consent. (2) A decision by the Minister to grant or to refuse to grant under this Division a consent to operate is not invalid only because the Minister did not comply with subregulation (1) in relation to an application.

Part 3 Consents Division 2 Consent to operate Energy Pipelines Regulations 2001 9 (3) The Minister must grant a consent under this Division if there are reasonable grounds for believing that: (a) a pipeline management plan in force for the pipeline provides for the operation of the pipeline; (b) a validation of the proposal to operate the pipeline is in force; and (c) if the Minister has, under section 38(2A) of the Act, required the licensee to take out and maintain a policy of insurance – the pipeline licensee is maintaining the insurance in accordance with the requirement. (4) If the Minister decides to grant a consent under this Division, the Minister must, as soon as practicable, give the applicant the consent in writing. (5) If the Minister decides not to grant the consent under this Division, the Minister must, as soon as practicable, tell the applicant, in writing: (a) that the consent has not been granted; and (b) the reasons for the decision. 20 Operation must comply with pipeline management plan (1) A pipeline licensee must not operate a pipeline under the licence unless: (a) a pipeline management plan in force for the pipeline provides for the operation; and (b) the pipeline is operated in a way that: (i) is consistent with the purposes for which the pipeline was designed to be used; and (ii) is not contrary to that plan. Maximum penalty: If the offender is a natural person – 200 penalty units. If the offender is a corporation – 1 000 penalty units.

Part 3 Consents Division 2 Consent to operate Energy Pipelines Regulations 2001 10 (2) A pipeline licensee does not commit an offence against subregulation (1) if: (a) in an emergency in which there is a likelihood of loss or injury or for the purpose of maintaining the pipeline in good order or repair, the licensee: (i) does an act to avoid the loss or injury or to maintain the pipeline in good order and repair; and (ii) as soon as practicable gives written notice to the Minister about the act done; or (b) the licensee does an act in compliance with a direction given under: (i) the Act; or (ii) regulations under the Act (including these Regulations). 21 Using pipeline to convey compositions of energy-producing hydro-carbons A pipeline licensee must ensure that a composition of energy- producing hydro-carbons is not conveyed through a pipeline under the licence unless: (a) a pipeline management plan in force for the pipeline specifies: (i) that the composition is to be conveyed through the pipeline; and (ii) the safe operating limits for conveying that composition; and (b) the pipeline is operated within those safe operating limits. Maximum penalty: If the offender is a natural person – 200 penalty units. If the offender is a corporation – 1 000 penalty units.

Part 3 Consents Division 3 Modifying or decommissioning pipeline Energy Pipelines Regulations 2001 11 Division 3 Modifying or decommissioning pipeline 22 Modifying or decommissioning pipeline (1) A pipeline licensee must not modify a pipeline under the licence unless: (a) a pipeline management plan in force for the pipeline provides for the modification; and (b) the modification is carried out in a way that: (i) is consistent with the purposes for which the pipeline was designed to be used; and (ii) is not contrary to that plan. Maximum penalty: If the offender is a natural person – 200 penalty units. If the offender is a corporation – 1 000 penalty units. (2) A pipeline licensee must not decommission a pipeline under the licence unless: (a) a pipeline management plan in force for the pipeline provides for the decommission; and (b) the decommission is carried out in a way that is not contrary to that plan. Maximum penalty: If the offender is a natural person – 200 penalty units. If the offender is a corporation – 1 000 penalty units. (3) However, it is not an offence under subregulations (1) and (2) if: (a) the pipeline is modified or decommissioned in accordance with a direction given under: (i) the Act; or (ii) regulations made under the Act (including these Regulations); or

Part 4 Pipeline management plans Division 1 Acceptance of pipeline management plan Energy Pipelines Regulations 2001 12 (b) in an emergency in which there is a likelihood of loss or injury, the licensee does an act to avoid the loss or injury and as soon as practicable gives written notice to the Minister about the act done. Part 4 Pipeline management plans Division 1 Acceptance of pipeline management plan 23 Submission of pipeline management plan (1) For a pipeline management plan to be accepted for a pipeline, the pipeline licensee must submit the plan to the Minister. (2) A pipeline management plan may be submitted for one or more of the following stages for the pipeline: (a) design and construction; (b) operation; (c) modification; (d) decommissioning. (3) A pipeline management plan that provides for one or more pipelines may be submitted. 24 Time limit for accepting or not accepting pipeline management plan (1) Within 28 days after a pipeline licensee submits a pipeline management plan under regulation 23, the Minister must: (a) accept the plan under regulation 25; (b) refuse to accept the plan; or (c) give written notice to the pipeline licensee stating that the Minister is unable to make a decision about the plan within the period of 28 days and setting out a proposed timetable for consideration of the plan. (2) A decision by the Minister to accept, or refuse to accept, a pipeline management plan is not invalid only because the Minister did not comply with subregulation (1) in relation to the plan.

Part 4 Pipeline management plans Division 1 Acceptance of pipeline management plan Energy Pipelines Regulations 2001 13 (3) This regulation applies to a pipeline management plan resubmitted under regulation 25(2) in the same way as it applies to the plan when first submitted. 25 Acceptance of pipeline management plan (1) The Minister must accept the pipeline management plan if there are reasonable grounds for believing that: (a) the plan is appropriate for the nature and proposed use of the pipeline; (b) the plan complies with regulations 27, 28, 29, 30 and 32 for the stages mentioned in regulation 23 for which the plan is submitted; and (c) the plan, or a part of a pipeline management plan in force for the pipeline, complies with regulation 31. (2) If the Minister is not reasonably satisfied that the pipeline management plan when first submitted meets the criteria mentioned in subregulation (1), the Minister must give the pipeline licensee a reasonable opportunity to change and resubmit the plan. (3) If, after the pipeline licensee has had a reasonable opportunity to change and resubmit the pipeline management plan, the Minister is still not reasonably satisfied that the plan meets the criteria mentioned in subregulation (1), the Minister must refuse to accept the plan. (4) Despite subregulation (3), the Minister may do either or both of the following: (a) accept the plan in part for a particular stage mentioned in regulation 23 for the pipeline; (b) impose limitations or conditions applying to any of those stages for the pipeline. (5) The Minister must give the pipeline licensee written notice of a decision by the Minister: (a) to accept the pipeline management plan; (b) not to accept the plan; or (c) to accept the plan in part for a particular stage for the pipeline or subject to the imposition of limitations or conditions.

Part 4 Pipeline management plans Division 2 Contents of pipeline management plan Energy Pipelines Regulations 2001 14 (6) A notice of a decision under subregulation (5)(b) or (c) is to include: (a) the decision and the reasons for it; and (b) if limitations or conditions are to apply to a stage for the pipeline – those limitations or conditions. Division 2 Contents of pipeline management plan 26 Contents of pipeline management plan A pipeline management plan for a pipeline is to include the matters mentioned in this Division. 27 Description of safety policy The pipeline management plan is to include a statement of the pipeline licensee's strategic health and safety objectives for the design, construction, operation, modification and decommission of the pipeline. 28 Description of pipeline The pipeline management plan is to include a comprehensive description of: (a) the design for the pipeline, the route corridor in which the pipeline is to be constructed and the way in which the pipeline is to be constructed; (b) the matters agreed under regulation 11(a) relating to the design and construction of the pipeline; (c) the matters agreed under regulation 17(a) relating to the operation of the pipeline; (d) the compositions of energy-producing hydro-carbons that are to be conveyed through the pipeline when it is operating; and (e) the safe operating limits for conveying those mixtures through the pipeline.

Part 4 Pipeline management plans Division 2 Contents of pipeline management plan Energy Pipelines Regulations 2001 15 29 Description of pipeline management system The pipeline management plan is to include a comprehensive description of: (a) the risk of significant pipeline accident events and other risks to the integrity of the pipeline associated with the design, construction, modification and decommissioning of the pipeline; (b) measures that have been, or will be, implemented to reduce the risks to levels that are as low as reasonably practicable; (c) the systems used to identify, evaluate and manage the risks and measures; and (d) the arrangements for monitoring, auditing and reviewing those systems, including the arrangements for continual and systematic identification of deficiencies of those systems and ways in which the systems could be improved. 30 Description of standards The pipeline management plan is to include a description of the Australian Standards and international standards applied, or that will be applied, for the design, construction, operation, modification and decommissioning of the pipeline. 31 Arrangements for documents (1) The pipeline management plan is to include arrangements for: (a) recording and making available documents and other records specified in subregulation (2) for the pipeline; and (b) securely storing those documents and records at the nominated address for the pipeline licensee and maintaining those documents and records: (i) for the 5 year period from the making of the document or other record; and (ii) in a way that makes retrieval of the document or other record reasonably practicable. (2) The documents or other records are the following: (a) a pipeline management plan in force for the pipeline; (b) revisions of the pipeline management plan;

Part 4 Pipeline management plans Division 3 Revision of pipeline management plan Energy Pipelines Regulations 2001 16 (c) reports of reportable incidents made under regulation 43. (3) In this regulation, nominated address means the address of a pipeline licensee, notice of which has been given under regulation 49. 32 Arrangements for reporting The pipeline management plan is to include arrangements for reporting to the Minister about the design, construction, operation, modification and decommissioning of the pipeline, at intervals agreed with the Minister, but at least once each year. Division 3 Revision of pipeline management plan 33 Revision because of change, or proposed change, of circumstances or operations (1) Subject to subsection (2), a pipeline licensee for a pipeline for which a pipeline management plan is in force must submit to the Minister a proposed revision of the plan as soon as practicable after any of the conditions mentioned in subregulation (3) is satisfied. (2) If a condition mentioned in subregulation (3) is satisfied because the licensee proposes to modify or decommission the pipeline, the licensee must not submit the proposed revision before the licensee and Minister have agreed on the scope of the validation for the proposal to revise the plan. (3) The conditions are the following: (a) there are reasonable grounds for believing that, because of developments in the technical knowledge used to formulate the plan, the plan no longer provides adequately for the matters referred to in Division 2 of Part 4; (b) developments in systems for identifying and evaluating risks of significant pipeline accident events, or risks to the integrity of the pipeline, make it appropriate to revise the plan; (c) there are reasonable grounds for believing that a series of proposed modifications to the pipeline would result in a significant cumulative change in the overall level of risk: (i) of significant pipeline accident events; or (ii) to the integrity of the pipeline;

Part 4 Pipeline management plans Division 3 Revision of pipeline management plan Energy Pipelines Regulations 2001 17 (d) there are reasonable grounds for believing that a proposed modification to the pipeline would: (i) significantly influence the level of a particular risk of a significant pipeline accident event or a risk to the integrity of the pipeline; or (ii) significantly change the ranking of factors contributing to those risks; (e) the licensee proposes to significantly change the pipeline management system referred to in regulation 29 for identifying, evaluating and managing risks: (i) of significant pipeline accident events; or (ii) to the integrity of the pipeline; (f) the compositions of energy-producing hydro-carbons conveyed in the pipeline are different from the compositions contemplated in the plan; (g) the licensee proposes to modify or decommission the pipeline and that proposal is not satisfactorily addressed in the plan. 34 Revision on request by Minister (1) The Minister may request a pipeline licensee for a pipeline for which a pipeline management plan is in force to submit to the Minister a proposed revision of the plan. (2) A request by the Minister is to be in writing and include the following information: (a) the matters to be addressed by the revision; (b) the proposed date of effect of the revision; (c) the grounds for the request. (3) The licensee may make a submission in writing to the Minister stating the licensee's reasons for any of the following matters: (a) why the revision should not occur; (b) why the revision should be in different terms from the proposed terms; (c) why the revision should take effect on a date after the proposed date.

Part 4 Pipeline management plans Division 3 Revision of pipeline management plan Energy Pipelines Regulations 2001 18 (4) A submission by the licensee must be made within: (a) 21 days after receiving the request; or (b) within a longer period that the Minister allows in writing. (5) If a submission complies with subregulations (3) and (4), the Minister must: (a) decide whether to accept the reasons stated in the submission; (b) give the licensee written notice of the decision; (c) to the extent (if any) that the Minister accepts the reasons, give the licensee written notice that varies or withdraws the request in accordance with the decision; and (d) to the extent (if any) that the Minister does not accept the reasons, give the licensee written notice of the grounds for not accepting them. (6) Subject to subsection (7), the licensee must comply with the request (as varied under this regulation) as soon as practicable. (7) The licensee is not required to comply with the request if the request is withdrawn under this regulation. 35 Revision at the end of each 5 year period (1) A pipeline licensee for a pipeline for which a pipeline management plan is in force must submit to the Minister a proposed revision of the plan (whether or not a proposal has been submitted under regulation 33 or 34): (a) at the end of the 5 year period starting on the day the pipeline management plan is first accepted under regulation 25 by the Minister; and (b) at the end of each 5 year period starting on the day of the most recent acceptance by the Minister of a revision submitted under this regulation. (2) A revision submitted under this regulation is to include: (a) measures for ensuring the ongoing integrity of the pipeline; and (b) details of the maximum allowable operating pressure for the pipeline.

Part 4 Pipeline management plans Division 3 Revision of pipeline management plan Energy Pipelines Regulations 2001 19 36 Form of proposed revision A proposed revision is to be in the form of a revised pipeline management plan or, if the pipeline licensee and the Minister agree, a revised part of the pipeline management plan. 37 Time limit for accepting or not accepting proposed revision (1) Within 28 days after a pipeline licensee submits a proposed revision, the Minister must: (a) accept the revision under regulation 38; (b) refuse to accept the revision; or (c) give written notice to the pipeline licensee stating that the Minister is unable to make a decision about the revision within the period of 28 days and setting out a proposed timetable for consideration of the revision. (2) A decision by the Minister to accept, or refuse to accept, a proposed revision is not invalid only because the Minister did not comply with subregulation (1) in relation to the revision. (3) This regulation applies to a proposed revision resubmitted under regulation 38(2) in the same way as it applies to the revision when first submitted. 38 Acceptance of a proposed revision of a pipeline management plan (1) The Minister must accept the proposed revision if there are reasonable grounds for believing that: (a) the revision is appropriate for the nature and proposed use of the pipeline; (b) the pipeline management plan, as revised by the proposed revision, would comply with regulations 27, 28, 29, 30 and 32 for the stages mentioned in regulation 23 for which the revision is submitted; (c) the pipeline management plan, as revised by the proposed revision, would comply with regulation 31; and (d) in the case that the revision relates to a proposal to modify or decommission the pipeline – a validation of the proposal is in force.

Part 4 Pipeline management plans Division 3 Revision of pipeline management plan Energy Pipelines Regulations 2001 20 (2) If the Minister is not reasonably satisfied that the proposed revision when first submitted meets the criteria set out in subregulation (1), the Minister must give the pipeline licensee a reasonable opportunity to change and resubmit the revision. (3) If, after the pipeline licensee has had a reasonable opportunity to change and resubmit the proposed revision, the Minister is still not reasonably satisfied that the revision meets the criteria mentioned in subregulation (1), the Minister must refuse to accept the revision. (4) Despite subregulation (3), the Minister may do either or both of the following: (a) accept the revision in part for a particular stage mentioned in regulation 23 for the pipeline; (b) impose limitations or conditions applying to any of those stages for the pipeline. (5) The Minister must give the pipeline licensee written notice of a decision by the Minister: (a) to accept the proposed revision; (b) not to accept the revision; or (c) to accept the revision in part for a particular stage for the pipeline or subject to the imposition of limitations or conditions. (6) A notice of a decision under subregulation (5)(b) or (c) is to include: (a) the decision and the reasons for it; and (b) if limitations or conditions are to apply to a stage for the pipeline – those limitations or conditions. 39 Effect of non-acceptance of proposed revision If a proposed revision is not accepted, the pipeline management plan in force for the pipeline immediately before the proposed revision was submitted remains in force, subject to the Act and these Regulations, as if the revision had not been proposed.

Part 4 Pipeline management plans Division 4 Withdrawal of acceptance of pipeline management plan Energy Pipelines Regulations 2001 21 Division 4 Withdrawal of acceptance of pipeline management plan 40 Withdrawal of acceptance of pipeline management plan (1) The Minister, by written notice to a pipeline licensee, may withdraw the acceptance of the pipeline management plan in force for the pipeline on any of the following grounds: (a) the pipeline licensee has not complied with the Act or a direction given to the licensee under section 40 of the Act; (b) the pipeline licensee has not complied with regulation 14 or 20; (c) the pipeline licensee has not complied with regulation 33, 34 or 35; (d) the Minister has refused to accept a proposed revision of the pipeline management plan. (2) A notice under subregulation (1) is to include the reasons for the decision. 41 Steps to be taken before withdrawal of acceptance (1) Before withdrawing the acceptance of a pipeline management plan in force for a pipeline, the Minister must comply with subregulations (2), (4) and (5). (2) The Minister must give the pipeline licensee at least one month's written notice of the Minister's intention to withdraw acceptance of the plan. (3) The Minister may give a copy of the notice to any other persons that the Minister thinks fit. (4) The Minister must specify in the notice a date (the cut-off date) on or before which the pipeline licensee (or any other person to whom a copy of the notice has been given) may submit to the Minister in writing any matters for the Minister to take into account. (5) The Minister must take into account: (a) any action taken by the pipeline licensee to remove the ground for withdrawal of acceptance or to prevent the recurrence of that ground; and

Part 5 Incidents, reports and records Energy Pipelines Regulations 2001 22 (b) any matter submitted to the Minister before the cut-off date by the pipeline licensee or a person to whom a copy of the notice has been given. 42 Withdrawal of acceptance not affected by other provisions (1) The Minister may withdraw the acceptance of a pipeline management plan in force for a pipeline on a ground referred to in regulation 40(1) even though the licensee has been found guilty of an offence because of a failure to comply with a provision of the Act or of these Regulations. (2) A pipeline licensee for a pipeline for which the acceptance of a pipeline management plan has been withdrawn by the Minister on a ground mentioned in regulation 40(1) may be found guilty of an offence because of a failure to comply with a provision of the Act or of these Regulations even though the acceptance of the plan has been withdrawn. Part 5 Incidents, reports and records 43 Reportable incidents (1) A pipeline licensee must give notice of a reportable incident for a pipeline under the licence in accordance with this regulation. Maximum penalty: If the offender is a natural person – 20 penalty units. If the offender is a natural person – 100 penalty units. (2) The pipeline licensee must give notice (either oral or written) of the incident, together with all material details of the incident that are reasonably available to the licensee, to the Minister or an inspector as soon as possible after the incident happens. (3) The pipeline licensee must give a written report of the incident to the Minister: (a) if the Minister specifies a reasonable period for giving the report – within that period; or (b) in any other case – as soon as practicable after the incident happens.

Part 5 Incidents, reports and records Energy Pipelines Regulations 2001 23 (4) The report is to set out fully: (a) all the material facts and circumstances of the incident that the licensee knows or is able, by reasonable search and inquiry, to find out, including the following: (i) the date, time and place of the incident; (ii) the particulars of any loss or damage caused by the incident; (iii) if energy-producing hydro-carbons escaped from the pipeline or ignited – the amount of those energy- producing hydro-carbons and the measures taken to control the escape or fire; (iv) the cause of the incident; (v) the repairs (if any) carried out, or proposed to be carried out, for the pipeline; and (b) the corrective action that has been taken, or is proposed to be taken, to prevent another incident of that kind. 44 Dealing with documents A pipeline licensee must not deal with a document or other record mentioned in regulation 31 in a way that is contrary to the arrangements for the document or record contained in the pipeline management plan in force for the pipeline. Maximum penalty: If the offender is a natural person – 20 penalty units. If the offender is a corporation – 100 penalty units. 45 Reporting to Minister A pipeline licensee must report to the Minister in accordance with the arrangements under regulation 32 contained in the pipeline management plan in force for the pipeline under the licence. Maximum penalty: If the offender is a natural person – 20 penalty units. If the offender is a corporation – 100 penalty units.

Part 6 Miscellaneous Division 1 Requirements about workers Energy Pipelines Regulations 2001 24 Part 6 Miscellaneous Division 1 Requirements about workers 46 Competence of workers A pipeline licensee must ensure, as far as reasonably practicable, that each person working on, or in connection with, a pipeline under the licence is competent, because he or she has the necessary skills training and ability: (a) to carry out the tasks, both routine and non-routine, that may reasonably be given to the person; and (b) to respond and react appropriately, and at the level reasonably required of the person, during an emergency. Maximum penalty: If the offender is a natural person – 20 penalty units. If the offender is a corporation – 100 penalty units. 47 Awareness of legislation (1) A pipeline licensee must ensure, as far as reasonably practicable, that each person working on, or in connection with, the pipeline knows about the effect of relevant legislation that relates to the safety of all of the following: (a) a person working on, or in connection with, the pipeline; (b) the pipeline; (c) the environment. (2) In this regulation, relevant legislation means the Act, regulations (including these Regulations) made under the Act and any directions given to the licensee under the Act.

Part 6 Miscellaneous Division 2 Providing information Energy Pipelines Regulations 2001 25 48 Involvement of workers in pipeline management plan (1) The Minister may ask a pipeline licensee in writing to provide the Minister with reasonable grounds for believing that: (a) in the development or revision of a pipeline management plan for a pipeline under the licence, there has been effective consultation with, and participation of, the classes of persons who: (i) are identifiable before the pipeline management plan is developed; and (ii) are working on, or in connection with, the pipeline or are likely to be working on, or in connection with, the pipeline; and (b) the pipeline management plan in force for the pipeline provides adequately for effective consultation with, and the effective participation of, those classes of persons so that they are able to arrive at informed opinions about the risks to which they may be exposed in relation to the pipeline. (2) A pipeline licensee must, within 21 days after receiving a request under subregulation (1), give the Minister written notice of those grounds. Division 2 Providing information 49 Notice of contact details The pipeline licensee must, at all times after the licensee applies under these Regulations for a consent to construct a pipeline under the licence, maintain as far as is reasonably practicable, and ensure that the Minister has notice of, an address of the licensee for communications on matters relating to the pipeline. Maximum penalty: If the offender is a natural person – 20 penalty units. If the offender is a corporation – 100 penalty units. 50 Minister may decline to consider application or submission if information is not given (1) Despite any other provision of these Regulations, if: (a) a pipeline licensee for a pipeline does not provide information under regulation 49; and

Part 6 Miscellaneous Division 3 Offences Energy Pipelines Regulations 2001 26 (b) the information has not been given under another law, the Minister may decline to consider an application or submission made by the licensee under these Regulations and relating to the pipeline until the information is given. (2) Despite any other provision of these Regulations, if: (a) a pipeline licensee does not provide the information required under regulation 12 or 18 for an application for a consent to construct or operate a pipeline; and (b) the information has not been given under another law, the Minister may decline to consider the application until the information is given. 51 Service, delivery and lodgment of documents For the purposes of these Regulations, unless the contrary intention appears, a notice or other document required or permitted to be given to a person is to be taken to be given: (a) if service is otherwise than by post on an individual – on the day on which the notice or other document is: (i) delivered to the individual in person; or (ii) delivered to the individual's address for service or last address known to the Minister; (b) if service is otherwise than by post on a body corporate – on the day on which the notice or other document is delivered to the registered office, or the address for service, of the body corporate; or (c) if service is by post on a person – on the day on which the notice or other document would ordinarily be delivered in the due course of post or, if the person establishes that it was delivered on a later day, on that later day. Division 3 Offences 51A Declared provisions For section 58G(7) of the Act, definition declared provision, paragraph (b), regulations 10, 14, 16, 20(1), 21, 22(1) and (2), 43(1) and 49 are prescribed.

Part 7 Repeal and transitional Energy Pipelines Regulations 2001 27 Part 7 Repeal and transitional 52 Application of regulations to licences granted before commencement of these Regulations (1) If a pipeline licence that was granted before the commencement of these Regulations remains in force or is renewed, these Regulations (other than Parts 1 and 2) do not apply to the pipeline licensee in respect of a pipeline under the licence or renewed licence until 1 July 2006. (2) However: (a) if the licensee applies before 1 July 2006 for a consent to construct a pipeline – regulations 11, 12 and 13 and Part 4 (except regulation 40(1)(b)) also apply to the licensee in respect of the pipeline; (b) if the licensee applies before 1 July 2006 for a consent to operate the pipeline – regulations 17, 18 and 19 and Part 5 (except regulation 40(1)(b)) also apply to the licensee in respect of the pipeline; and (c) if the Minister has accepted a pipeline management plan for the pipeline – Part 4 (except regulation 40(1)(b)) also applies to the licensee in respect of the pipeline. 53 Repeal The Regulations specified in Schedule 3 are repealed.

Schedule 1 Energy Pipelines Regulations 2001 28 Schedule 1 FORM 1 regulation 4 Energy Pipelines Act 1981 INSTRUMENT OF TRANSFER OF LICENCE TO THE MINISTER FOR MINES AND ENERGY, NORTHERN TERRITORY ......................................(name of transferor), the holder of licence number .............. granted by the Minister on the ............................ day of ............................ ..., in consideration of …....................................…………… ………. the receipt of which is acknowledged by this instrument, transfers *Insert to * .......................................……………………………………….. name of transferee *Insert of * ..............................………………………………………........... address of transferee called the transferee, all right, title and interest in the licence and the transferee by this instrument accepts the transfer, subject to the Energy Pipelines Act 1981 and the Regulations made under it, and agrees to be bound by the terms and conditions of the licence. In witness of the above the parties to the transfer have executed this document this .......... day of ............. ................... …................. Witness Signature of transferor (If a corporation, to be executed under its common seal.) ................... ...…............. Witness Signature of transferee

Schedule 1 Energy Pipelines Regulations 2001 29 I approve the above transfer. Dated this ............. day of ............. 20... .....………………...................... Minister for Mines and Energy I have this ............ day of ............, 20.., at the hour of ............ o'clock in the ....... noon, registered the transferee as the holder of licence number ............... ..................... Registrar

Schedule 2 Prescribed fees Energy Pipelines Regulations 2001 30 Schedule 2 Prescribed fees regulation 9 Matter Fee (revenue units)

Application under section 5 of Act for permit 4 000
Application under section 13 of Act for licence 4 000
Application under section 16 of Act for renewal of licence 1 428
Application under section 20 of Act to vary, suspend or waive conditions of licence 1 401
Application under section 21A of Act to vary route and licence as mentioned in section 21B(1)(c) of Act 1 401
Application under section 21A of Act to vary licence area as mentioned in section 21C(1)(b) of Act 1 401
Entry in the register of a memorandum of transfer under section 46(9) of Act 171
Entry in the register of a devolution of interests of registered holder under section 47(2) of Act 35
Entry in the register of a memorandum of approval under section 49(8) of Act 171
Inspection under section 54(1) of Act 6
Copy document or extract from the register under section 55(2) of Act – per page 16
Certificate under section 55(3) of Act 84

Schedule 3 Repealed Regulations Energy Pipelines Regulations 2001 31 Schedule 3 Repealed Regulations regulation 53 Energy Pipelines Regulations Regulations 1982, No. 49 Amendment of Energy Pipelines Regulations Regulations 1985, No. 37 Amendment of Energy Pipelines Regulations Regulations 1989, No. 2 Amendment of Energy Pipelines Regulations Regulations 2000, No. 37

ENDNOTES Energy Pipelines Regulations 2001 32 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Energy Pipelines Regulations (SL No. 43, 2001) Notified 3 October 2001 Commenced 3 October 2001 Fees and Charges Amendment Regulations 2009 (SL No. 34, 2009) Notified 14 December 2009 Commenced 1 January 2010 (r 2) Penalties Amendment (Children and Families, Health and Primary Industry, Fisheries and Resources) Act 2011 (Act No. 28, 2011) Assent date 31 August 2011 Commenced 21 September 2011 (Gaz G38, 21 September 2011, p 4) Energy Pipelines Amendment (Fees) Regulations 2013 (SL No. 48, 2013) Notified 19 December 2013 Commenced 1 January 2014 (r 2 and s 2 Energy Pipelines Amendment Act 2013 (Act No. 39, 2013)) Statute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015) Assent date 18 September 2015 Commenced 14 October 2015 (Gaz G41, 14 October 2015, p 3) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: r 1 and sch 1.

ENDNOTES Energy Pipelines Regulations 2001 33 4 LIST OF AMENDMENTS r 7 amd No. 48, 2013, r 4 r 10 amd Act No. 28, 2011, s 5 rr 14 – 16 amd Act No. 28, 2011, s 5 rr 20 – 22 amd Act No. 28, 2011, s 5 rr 43 – 44 amd Act No. 28, 2011, s 5 r 46 amd Act No. 28, 2011, s 5 r 49 amd Act No. 28, 2011, s 5 pt 6 div 3 hdg ins Act No. 26, 2015, s 28 r 51A ins Act No. 26, 2015, s 28 sch 2 amd No. 34, 2009, r 19 sub No. 48, 2013, r 5

1 ENERGY PIPELINES REGULATIONS 2001

Several core concepts structure the Regulations. The pipeline management plan in force is central: it is defined to mean a pipeline management plan submitted by or for the licensee and accepted under the Regulations, or the part accepted if the acceptance is partial; it excludes plans whose acceptance has been withdrawn (reg 2, definition of "pipeline management plan in force"). The plan must cover stages (design and construction, operation, modification, decommissioning) and may be submitted for one or more stages (reg 23(2)). Acceptance of the plan by the Minister is a precondition for construction, operation, modification and decommissioning in most cases (regs 10, 14, 16, 22).

Validation is another central concept. It is defined in reg 3 as a written opinion by an independent validator that the proposal is suitable for its purpose, that modifications affecting integrity have reasonable grounds to be suitable, that the proposal is consistent with the pipeline management system description in the plan, and that the proposal complies with Australian or international standards specified in the plan. Validation must cover the scope agreed under the Regulations (reg 3(2)). The Regulations further define "independent validator" by reference to necessary competence, ability and access to data to form an independent opinion (reg 2 definition).

Risk and safety orientation are embedded in plan content requirements. The plan must include a statement of strategic health and safety objectives (reg 27), a comprehensive description of the pipeline and its safe operating limits (reg 28), and a description of the pipeline management system, including identification and management of risks of significant pipeline accident events and measures implemented to reduce risk so they are as low as reasonably practicable (reg 29). The plan must describe standards applied (reg 30), arrangements for documents and retention (reg 31), and reporting arrangements at intervals agreed with the Minister but at least annually (reg 32).

Consent gates and ministerial oversight structure operational control. A licensee cannot begin construction or operate a pipeline without written consent to construct or to operate respectively (regs 10, 16). Applications for those consents must include certain contact information and be accompanied by the parts of the pipeline management plan in force relevant to the activities and by validation of the proposal (regs 12(3)-(4), 18(3)). For operation, if the Minister has required insurance under the Act, evidence of maintained insurance must be included (reg 18(3)(c)). The Minister must grant consent if there are reasonable grounds to believe the management plan provides for the activity and a validation is in force (regs 13(3), 19(3)).

Recordkeeping, reporting and incident obligations constitute another cluster. The plan must include arrangements for recording and making available documents and keeping them for five years (reg 31). Reportable incidents are defined broadly to capture significant damage, death, serious injury, likely occurrences of those results, or incidents a reasonable licensee would consider requiring immediate investigation (reg 2). Licensees must give notice of reportable incidents as soon as possible to the Minister or an inspector, and follow up with a written report within any period specified or otherwise as soon as practicable (reg 43).

Procedural timeframes and decision mechanics are specified, often with safeguards for ministerial discretion. For example, the Minister must accept or refuse a plan within 28 days or notify an inability to decide and propose a timetable (reg 24). Where the Minister is not initially satisfied that a plan or proposed revision meets criteria, the Regulations require a reasonable opportunity to resubmit (regs 25(2), 38(2)). The Minister can accept a plan or revision in part and can impose conditions or limitations (regs 25(4), 38(4)). A withdrawal process includes notice, an opportunity to make submissions and consideration of remedial action before acceptance is withdrawn (regs 40-41).

Other structural concepts include prescribed forms and formats (Form 1 for transfer, Schedule 1; maps in electronic format from the Australian Surveying and Land Information Group in reg 5; plans drawn in Geocentric Datum of Australia format in reg 6), marking standards for pipeline positions (AS 2885.1-1997 in reg 8), and the capacity for the Minister to decline to consider applications where contact or required information is missing (reg 50).

Finally, the Regulations create obligations on workers and licensees about competence and awareness (regs 46-47), and provide for ministerial requests for evidence of effective worker consultation in plan development (reg 48). The Regulations also identify certain provisions as "declared provisions" for the purposes of section 58G(7) of the Act (reg 51A), listing specific regulations and thereby linking to enforcement mechanisms in the Act.

The Regulations affect four principal groups directly, and several secondary groups indirectly.

Pipeline licensees. The Regulations primarily regulate holders of pipeline licences under the Energy Pipelines Act 1981. Licensees are the actors obliged to prepare, submit and maintain pipeline management plans, obtain consents to construct and operate, commission validations, keep records and report incidents. The text repeatedly frames duties as "A pipeline licensee must…" and attaches penalties to non-compliance (see regs 10, 14, 16, 20(1), 21, 22, 43, 49). The licensee pays prescribed fees (reg 7; Schedule 2) and must maintain contact details (reg 49). For licences granted before commencement of these Regulations the application date for certain parts is deferred until 1 July 2006 unless earlier action is taken (reg 52).
The Minister and Ministerial staff. The Minister is the decision-maker for acceptance of pipeline management plans (reg 25), granting consents to construct and operate (regs 13, 19), requesting revisions (reg 34), and withdrawing acceptance (reg 40). The Minister receives incident notifications and reports (reg 43), and is empowered to decline to consider applications in specified circumstances (reg 50). The Minister also gives directions, imposes conditions, and sets timetables where the initial decision cannot be made within the statutory timeframe (regs 24, 37).
Independent validators and technical consultants. The regime requires validation by an "independent validator" as defined in reg 2 and in the definition of validation in reg 3. Validators must have the competence, ability and access to data to form an independent opinion on the matters being validated and must issue written statements covering suitability, integrity implications, consistency with the plan, and compliance with applicable standards (regs 2, 3). The regime therefore creates demand for third-party validators and technical advisers capable of supporting plan preparation and modification validations.
Workers and persons working on or in connection with pipelines. The Regulations impose obligations on licensees to ensure workers are competent, trained and aware of relevant legislation (regs 46-47). The Minister may request that licensees provide grounds to show effective consultation and participation of worker classes in plan development or revision (reg 48).

Secondary or indirect groups include:

Surveyor-General and Australian Hydrographic Office. Where the constructed route is under seawater, the Minister must provide a copy of route notice to the Surveyor-General and the Australian Hydrographic Office (reg 15(2)), thereby involving mapping and maritime authorities in navigation and mapping data flows.
Insurers. Where insurance has been required under the Act (section 38(2A) of the Act is referenced in reg 18(3)(c)), evidence that the required policy is being maintained must accompany an application to operate (reg 18(3)(c)). Thus insurers are implicated in compliance.
Landowners, contractors and the public. The pipeline management plan must include arrangements for consultation and identify safety objectives and operating limits (regs 27-29, 32), and the licensee must provide contact details (reg 49). Although the Regulations do not set a public consultation regime beyond consultation with workers requested by the Minister (reg 48), the plan’s content and ministerial conditions may impose obligations affecting contractors and landholders.

Who pays. The text allocates direct monetary costs to licensees via licence fee calculations (reg 7) and the prescribed fees in Schedule 2 for permits, licence applications, renewals, variations and register entries. Indirect costs fall on validators, insurers and professional advisers engaged by licensees.

Who decides. The Minister holds decision-making power concerning plan acceptance, granting of consents, revisions, imposition of conditions, refusal and withdrawal of acceptance (regs 13, 19, 24-25, 34, 38, 40). The independent validator supplies technical assurance that the Minister requires to grant consents (reg 3). The Regulations also give inspectors roles in receiving incident notices (reg 43(2)).

Geographic and temporal scope. The Regulations apply in the Northern Territory. For licences granted before commencement, many provisions do not apply until 1 July 2006 unless the licensee applies earlier for consent to construct or operate or the Minister has already accepted a plan (reg 52).

The Regulations create a framework of duties for licensees and define the Minister’s administrative rights and procedural duties. Below are the principal legal obligations and rights, with citations to the source provisions.

Duties to obtain consents and to act only within accepted plans

No construction without a Ministerial consent to construct (reg 10). Maximum penalties specified in the Regulation apply.
No operation without a Ministerial consent to operate (reg 16). Maximum penalties apply.
Construction must comply with the pipeline management plan in force for the pipeline and not be contrary to it (reg 14).
Operation must comply with the pipeline management plan and be consistent with design purposes and not be contrary to the plan (reg 20(1)). There are specific emergency and direction exceptions (reg 20(2)(a)-(b)) which authorise certain acts otherwise contrary to the plan provided the Minister is notified as soon as practicable in emergencies, or where an Act or regulations direct compliance.

Validation and scope agreements

Before applying for consent to construct or operate, the licensee and the Minister must agree the scope of matters to be described in the pipeline management plan and the scope of the validation (regs 11, 17). This conditions the application process.

Preparation, submission and acceptance of pipeline management plans

Licensees must submit plans to the Minister and may do so for specific stages (reg 23(1)-(2)). The Minister must accept, refuse, or notify inability to decide within 28 days of submission, subject to the non-invalidity clause (reg 24).
The Minister must accept a plan where there are reasonable grounds that it is appropriate and complies with regs 27-32 and 31 (reg 25(1)). If not satisfied, the Minister must give reasonable opportunity to change and resubmit but may accept in part or impose limitations or conditions (reg 25(2)-(4)).

Plan content duties

The plan must include a statement of strategic health and safety objectives (reg 27).
The plan must comprehensively describe the pipeline design, route corridor, construction method, agreed matters for design/construction and operation, compositions to be conveyed and safe operating limits (reg 28).
The plan must describe risks to integrity and significant accident events, measures to reduce risk to levels as low as reasonably practicable, systems to identify and manage risks, and arrangements for monitoring, auditing and review (reg 29).
The plan must list applied Australian and international standards (reg 30).
The plan must include arrangements for recording, making available and securely storing documents for five years (reg 31).
The plan must include reporting arrangements to the Minister at intervals agreed but at least annually (reg 32).

Revision and review obligations

Licensees must submit proposed revisions promptly when specified change conditions are met, including developments in technical knowledge, new risk information, proposed modifications that change risk profiles, changes to compositions conveyed, or proposals to modify or decommission not adequately addressed in the plan (reg 33). Where proposed revisions relate to modification or decommissioning, licensee and Minister must agree on validation scope before submission (reg 33(2)).
The Minister can request revision, providing grounds and a proposed date of effect; the licensee may submit reasons against the request and the Minister must consider those reasons (reg 34).
A review is mandatory at the end of each five year period from acceptance and every subsequent five year period, and must include measures for ongoing integrity and details of maximum allowable operating pressure (reg 35).

Incident reporting and document management

Licensees must report reportable incidents as soon as possible to the Minister or an inspector, and then provide a written report within a specified or otherwise as soon as practicable period, containing material facts, particulars of loss or damage, cause, repairs proposed or completed, and corrective actions (reg 43(2)-(4)).
Licensees must not deal with plan documents or records contrary to the arrangements in the plan and must retain records as set out in reg 31 (reg 44).
Licensees must report to the Minister in accordance with plan reporting arrangements (reg 45).

Worker competence and legislative awareness

Licensees must, so far as reasonably practicable, ensure each person working on or in connection with the pipeline is competent for tasks and emergency response (reg 46).
Licensees must, so far as reasonably practicable, ensure workers are aware of the effect of relevant legislation (reg 47).

Administrative duties and rights of the Minister

The Minister must make decisions within specified timeframes but decisions are not invalid for delay (regs 13(1)-(2), 19(1)-(2), 24(1)-(2), 37(1)-(2)).
The Minister may accept plans in part and impose conditions (regs 25(4), 38(4)).
The Minister may request revisions and must consider submissions by licensees before requiring compliance or accepting/rejecting reasons (reg 34).
The Minister may withdraw acceptance on specific grounds (reg 40) but must give at least one month’s written notice and consider submissions and remedial action before withdrawal (reg 41).

Fees and other procedural obligations

Licence fees are calculated either as a fixed amount or according to a formula involving unit amount, pipeline diameter and length, with the greater applying (reg 7). Schedule 2 prescribes fees for permits, licence applications, renewals, variations, register entries and other transactions.
Licensees must maintain and notify an address for communications and may be declined consideration of applications until required information is provided (regs 49-50).
Service and delivery rules for documents are set out in reg 51.

Penalties and enforcement mechanisms are discussed in the following section, and the Regulations also identify which provisions are declared for the Act’s enforcement purposes (reg 51A).

The Regulations specify monetary penalties and administrative enforcement tools. Penalties are stated generally in penalty units for particular offences and are coupled with ministerial powers to accept, refuse, impose conditions, request revisions and withdraw acceptance of a pipeline management plan. The Regulations also identify certain provisions as "declared provisions" for the purposes of section 58G(7) of the Act (reg 51A), which links these Regulations to enforcement mechanisms available under the Act.

Monetary penalties

Several core offences attract maximum penalties expressed in penalty units. For example:
- Beginning construction without Ministerial consent (reg 10) carries a maximum penalty of 200 penalty units for a natural person and 1 000 penalty units for a corporation.
- Failing to construct in accordance with an accepted plan is similarly penalised (reg 14).
- Operating without Ministerial consent (reg 16) carries the same maximum penalties.
- Operating contrary to the pipeline management plan or purposes (reg 20(1)) attracts the same maxima.
- Modifying or decommissioning without plan compliance also attracts penalties (reg 22(1)-(2)).
- Failure to give notice of a reportable incident (reg 43(1)) attracts lower maximum penalties: 20 penalty units for a natural person and 100 penalty units for a corporation.
- Failure to maintain notice of contact details (reg 49) or breaches of document dealing or reporting obligations (regs 44-45) each attract a maximum of 20 units for a person and 100 units for a corporation.

These penalties are imposed per the Regulations; the quantum in dollars depends on the statutory value of a penalty unit under the applicable Penalty Unit Act or the Act itself which the Regulations reference indirectly in Schedule/endnotes. The Endnotes record amendments that increased some penalties (see list in Endnotes and list of amendments).

Administrative enforcement and ministerial powers

Acceptance of the pipeline management plan is a linchpin. The Minister must accept a plan if satisfied it meets the statutory criteria (reg 25(1)). Conversely, the Minister may refuse to accept a plan, accept it in part or impose conditions or limitations on accepted stages (reg 25(3)-(4)). Similar powers apply to proposed revisions (reg 38).
The Minister can request revisions and must follow a process where the licensee may submit reasons why a requested revision should not occur in the proposed form or by the proposed date; the Minister must consider those reasons and notify the licensee of the decision and grounds (reg 34).
The Minister may withdraw acceptance on specified grounds including non-compliance with the Act, failure to comply with regs 14 or 20, failure to comply with reg 33, 34 or 35, or refusal to accept a proposed revision (reg 40(1)(a)-(d)). Withdrawal must be preceded by at least one month’s written notice, specification of a cut-off date for submissions, and consideration of remedial action taken by the licensee (reg 41).

Declared provisions and link to the Act’s enforcement framework

Regulation 51A lists the "declared provisions" for the purpose of s 58G(7) of the Act. The declared provisions are regulations 10, 14, 16, 20(1), 21, 22(1) and (2), 43(1) and 49 (reg 51A). Declaring these provisions connects them to the enforcement regime under the Act; the Act’s provisions on enforcement should be consulted to understand compounding powers, enforceable undertakings, injunctions, and other Act-level remedies that may apply.

Procedural safeguards and non-invalidity clauses

The Regulations impose time limits for Ministerial decisions: 28 days for consent to construct (reg 13(1)); 7 days for consent to operate (reg 19(1)); 28 days for acceptance of plans and proposed revisions (regs 24(1), 37(1)). However the Regulations state that a decision is not invalid only because the Minister did not comply with the time limit (regs 13(2), 19(2), 24(2), 37(2)). This preserves the Minister’s administrative discretion and avoids strict procedural ouster for delay, while maintaining an expectation of promptness.
Before withdrawal of plan acceptance, the Minister must provide notice and an opportunity to make submissions and consider remedial action (reg 41). This process introduces procedural fairness requirements but places the onus on the licensee to take remedial steps.

Enforcement mechanism for incidents and records

Incidents must be reported promptly to the Minister or inspector and followed by a written report containing comprehensive information (reg 43). Failures attract penalties and are a trigger for ministerial action; reg 44 forbids dealing with documents contrary to plan arrangements and reg 45 enforces reporting arrangements with penalties for non-compliance.

Fees and cost-recovery as indirect enforcement

Schedule 2 prescribes substantial fees for permit and licence applications (for example, 4 000 revenue units for applications under section 5 and 13 of the Act). These fees create a cost barrier and an administrative lever; non-payment would impede statutory processes and may be enforced administratively.

In summary, enforcement under the Regulations is a combination of criminal-financial penalties, administrative controls exercised by the Minister over plans and consents, ministerial power to require revisions and to withdraw acceptance, and statutory reporting and recordkeeping obligations. The declared provisions tie certain contraventions into the Act’s enforcement framework, and the Regulations provide procedural steps that the Minister must take before the most severe administrative sanction, withdrawal of plan acceptance, is exercised.

The Regulations are made under the Energy Pipelines Act 1981 and implement that Act’s licensing, consent and enforcement architecture by setting procedural and substantive requirements. Several explicit references in the Regulations indicate interaction points with other instruments and statutory regimes.

Interaction with the Energy Pipelines Act 1981

The Regulations operationalise many Act provisions. They prescribe forms and maps for the transfer of licences under section 46(3) of the Act (reg 4), and specify maps and plans for the purposes of sections 5(2)(c) and 13(2)(c) of the Act respectively (regs 5-6). They implement the Act’s consent mechanism for construction and operation by stipulating application content, validation and plan requirements (Parts 3 and 4).
Section 38(2A) of the Act is expressly referenced in reg 18(3)(c): where the Minister has required the licensee to take out and maintain an insurance policy under the Act, the licensee must provide evidence of maintaining the insurance when applying to operate. The Regulations therefore dovetail with the Act’s powers to require insurance cover.

References to Australian Standards and other technical instruments

The Regulations require marking to comply with AS 2885.1-1997 for the purposes of sections 39(a), 64A and 66 of the Act (reg 8). Plan format requirements reference the Geocentric Datum of Australia and electronic map standards from the Australian Surveying and Land Information Group (regs 5-6). Regulation 3(1)(d) and reg 30 require compliance with Australian Standards or international standards specified in the pipeline management plan.
The Regulations define "Australian Standard" as a standard for publication on behalf of the Standards Association of Australia (reg 2(3)) and provide that a reference to an Australian Standard published on a specified date is read as the standard approved on that date (reg 2(4)(a)). If an Australian Standard references another instrument, that instrument is taken to be incorporated (reg 2(4)(b)). These clauses integrate Australian Standard references into the regulatory legal framework.

Linkages with Commonwealth tax law and GST

Licence fee provisions in reg 7 refer to GST having the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth), and regulate a GST component where the licence fee period includes time after 30 June 2000. The Regulations therefore explicitly account for Commonwealth GST law in fee calculations.

Interplay with mapping and hydrographic bodies

If a pipeline route is located under seawater, the Minister must provide a copy of the relevant notice to the Surveyor-General and the Australian Hydrographic Office (reg 15(2)). This creates an operational link between pipeline administration and mapping/naval cartography bodies, relevant to navigation safety and public records.

Procedure and evidence rules in other legislation

Reg 51 sets out how notices and documents are deemed to be given for the purposes of the Regulations; these service rules will interact with other procedural or evidence rules under Territory common law or statutory regimes where service or time of receipt matters. The Regulations also allow the Minister to decline to consider applications where required information is not provided, unless the information is available under another law (reg 50(1)(b), 50(2)(b)). That implies that disclosure obligations under other laws (for example those requiring registrable addresses or information lodged under land titling or corporate law) may suffice for compliance.

Transitional application to existing licences

Reg 52 postpones application of Parts 3-6 in general to licences granted before commencement, until 1 July 2006, except where the licensee applies earlier for consents or where the Minister has already accepted a pipeline management plan. This creates temporal interface issues between the earlier regulatory regime (see Schedule 3 which lists repealed prior Regulations) and the current Regulations.

Criminal, administrative and civil law interactions

Declared provisions (reg 51A) are tied into enforcement provisions of the Act. The Regulations themselves do not set out all sanctions available under the Act. Enforcement responses to contraventions may therefore include civil remedies and criminal penalties under the Act. Users must consult the Act to map the full enforcement toolkit, including powers of inspectors, compounding and court processes.

Other regulatory regimes

The Regulations require certain standards, recordkeeping and reporting that may overlap or interact with occupational health and safety laws, environmental protection laws, and land access regimes. While the Regulations focus on pipeline-specific safety, the content requirements (risk management, incident reporting, competence and awareness of legislation,regs 27-29, 43, 46-47) imply a need to coordinate compliance across multiple statutory regimes. The Regulations themselves do not displace other laws; where there are obligations under other Territory or Commonwealth law those obligations remain in force.

In short, the Regulations do not operate in isolation. They integrate technical standards, interact with the Act for enforcement and insurance requirements, incorporate Commonwealth GST rules for fees, link to mapping and hydrographic authorities for seabed routes, and sit alongside other health, safety and environmental legal obligations. This makes it necessary for a licensee to coordinate compliance across the pipeline regime, company law, mapping data provision, insurance requirements and other statutory obligations.

The Endnotes in the reprinted Regulations list the amendments and subordinate instruments that have altered the Regulations since their initial notification. The text provides discrete references to amendments, commencement dates and statutory instruments.

Chronology and instrument names

The Energy Pipelines Regulations were made as Subordinate Legislation No. 43, 2001, notified 3 October 2001 and commenced on that date (Endnotes, item 2).
Fees and Charges Amendment Regulations 2009 (SL No. 34, 2009) were notified 14 December 2009 and commenced 1 January 2010 in respect of r 2 (Endnotes, item 2).
Penalties Amendment (Children and Families, Health and Primary Industry, Fisheries and Resources) Act 2011 (Act No. 28, 2011) received assent on 31 August 2011 and commenced 21 September 2011; the Endnotes indicate multiple regulations were amended by this Act, including r 10; rr 14-16; rr 20-22; rr 43-44; r 46; r 49; and pt 6 div 3 heading insertion and r 51A were inserted by the Statute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015) (Endnotes, items 2-4 and list of amendments).
Energy Pipelines Amendment (Fees) Regulations 2013 (SL No. 48, 2013) were notified 19 December 2013 and commenced 1 January 2014; reg 7 was amended by that instrument (Endnotes, list of amendments).
The Statute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015) had assent on 18 September 2015 and commenced 14 October 2015, inserting reg 51A (Endnotes item 2 and list of amendments).
The Endnotes also note that general formal amendments were later made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to r 1 and sch 1 (Endnotes, item 3).

Specific regulation amendments recorded in the reprint

Reg 7 (licence fees) was amended by SL No. 48, 2013, r 4 (Endnotes, list of amendments).
Reg 10 and regs 14-16 and 20-22 and 43-44 and 46 and 49 were amended by Act No. 28, 2011, s 5, updates reflected in the reprint (Endnotes, list of amendments).
Part 6 Division 3 heading inserted and reg 51A inserted by Act No. 26, 2015, s 28 (Endnotes, list of amendments).
Schedule 2 was amended by SL No. 34, 2009, r 19 and then substituted by SL No. 48, 2013, r 5 (Endnotes, list of amendments and schedule notes).

Practical consequences of amendments noted in the source

Fee structure changes: Schedule 2 and reg 7 amendments indicate fee structure and licence fee formula adjustments over time, including the introduction of a prescribed unit amount in reg 7(1A) and a GST-related increase in reg 7(2) and (3). The 2013 Amendment (SL No. 48, 2013) updated the unit amount used in the licence fee formula.
Penalties and enforcement: The Penalties Amendment Act 2011 amended various regs to update penalty units across several obligations, showing legislative attention to enforcement quantum.
Director liability and declared provisions: The 2015 amendment inserted reg 51A and a division heading, connecting certain regulations to Act-level enforcement concerning declared provisions. This signals a policy focus on clearer enforcement and potential personal liability pathways.

Transitional and repeal entries

The Regulations repeal earlier Energy Pipelines Regulations (1982, and subsequent amendment instruments) as listed in Schedule 3 (reg 53; Schedule 3).
Reg 52 provides transitional arrangements for licences granted before commencement, delaying application of Parts 3-6 in general to 1 July 2006, with exceptions where applications were made earlier or a plan had already been accepted. That transitional provision reflects staged implementation when the Regulations replaced the prior instruments.

Source reliability and locating amendments

The Endnotes provide the specific subordinate legislation numbers and dates, which are the primary source for tracking changes. For an authoritative history practitioners should consult the Gazette entries and the Northern Territory legislation database referenced in the Endnotes for the full text and commencement notes of each amending instrument.

The reprint includes an explicit list of amendments in the Endnotes, giving users a roadmap to the statutory changes that have materially affected fees, penalties and the insertion of enforcement-related provisions in 2015. Any compliance or historical analysis should cross-check the dates and text of the cited amending instruments for exact wording changes and commencement effects.

The reprinted Regulations supplied do not mention, cite, or summarise any judicial decisions, tribunal determinations, or administrative appeals. The text itself contains no named cases or outcomes. Therefore, the Regulations as provided in the source do not record litigation history.

What this means for research and practice

Because the Regulations do not include case law, practitioners seeking to understand how the obligations, defences, interpretation of plan and validation requirements, or enforcement mechanisms have been litigated must search external sources. Relevant search targets include decisions of the Northern Territory courts, administrative tribunals, and any published determinations or enforcement actions recorded by the Department or the Minister’s office.
Key areas where litigation or administrative rulings might arise include: (a) the scope of "reasonable grounds" for ministerial acceptance or refusal of a pipeline management plan (regs 25, 38); (b) the meaning and sufficiency of a validation given by an "independent validator" (reg 3); (c) the adequacy of consultation and worker involvement in plan development where the Minister requests grounds under reg 48; (d) disputes over withdrawal of acceptance and whether the Minister complied with procedural steps in reg 41; and (e) prosecutions or regulatory actions for contraventions of declared provisions (reg 51A) or other offences carrying penalty units (e.g. regs 10, 14, 16, 20, 21, 22, 43, 49). The source, however, provides no record of any such disputes or judicial interpretations.

Practical research steps

To build a litigation history, search the Northern Territory Supreme Court and Local Court databases, the Northern Territory Civil and Administrative Tribunal if relevant, and the AustLII database for any reported decisions mentioning the Energy Pipelines Regulations 2001 or related sections of the Energy Pipelines Act 1981.
Check the Department or Minister’s website, and Northern Territory Government Gazette notices, for published enforcement actions, notices of withdrawal of acceptance, or other administrative decisions under the Regulations. The Regulations themselves require the Minister to give written notice when acceptance is withdrawn and to specify reasons (reg 40(2)). Where such notices have been issued they may be public or obtainable by FOI.
If insurers or third-party validators have been parties to disputes, consider searching disciplinary or regulatory registries relevant to professional validators or surveying/hydrography authorities where route notifications are required (reg 15(2)).

Limitations of the provided source

Because the reprint contains no litigation references, the Regulations do not, on their face, illuminate how tribunals or courts interpret key concepts such as "reasonable grounds", "as low as reasonably practicable" (reg 29(b)), or the sufficiency of an "independent validator". Determining how strictly the Minister’s discretion has been exercised in practice requires external jurisprudential research.

In sum, the Regulations as provided do not contain litigation history. For operational or risk assessment purposes practitioners should conduct targeted searches of Northern Territory case law, administrative decisions and departmental records to assess enforcement precedent and interpretive trends.

The Regulations contain several provisions and structural features that create compliance risks, timing traps and potential regulatory friction. Below are practical pitfalls drawn from the text, together with the concrete mechanisms that create them.

Plan-centred consent traps

A licensee may not begin construction or operation without a consent and the plan in force must provide for the activity (regs 10, 14, 16, 20). This places the pipeline management plan at the heart of legal permissibility. Failure to ensure the plan explicitly covers the intended activity, or to obtain Ministerial acceptance for parts of the plan, can make otherwise routine acts unlawful. The Minister may accept a plan only if there are "reasonable grounds" that it is appropriate and meets specified content requirements (reg 25(1)). The "reasonable grounds" standard is a fact-specific administrative threshold that can be contested.

Pre-application scope agreement requirement

The Regulations require that the licensee and the Minister agree the matters to be described in the plan and the scope of validation before the licensee applies for consent to construct or operate (regs 11, 17). If a licensee attempts to apply without such agreement, the application may be defective or subject to delay. Practically, this requires early engagement with the Minister and documented agreement on validation scope. Absent that agreement, the Minister might refuse to accept the application or delay consideration per reg 24(1)(c) or reg 37(1)(c).

Tight but non-binding timeframes

Statutory decision timelines are relatively short: 28 days for plan acceptance and consent to construct, and 7 days for consent to operate (regs 13(1), 19(1), 24(1), 37(1)). However, each such time limit is accompanied by a clause that the decision is not invalid only because the Minister failed to comply with the timeframe (regs 13(2), 19(2), 24(2), 37(2)). Practically, this means the licensee cannot rely on the expiry of the period to force a decision or to deem approval; it remains necessary to secure explicit written consent or plan acceptance. The short statutory periods, coupled with non-invalidity, create uncertainty where the Minister delays.

Validation scope and independent validator requirements

Validation must be by an "independent validator" as defined (reg 2) and must cover suitability, integrity effects and consistency with the plan and standards (reg 3). The Regulations require agreement on validation scope (regs 11, 17, 33(2)). A validation that is not sufficiently scoped, fails to address standards specified in the plan, or is from a validator who does not meet the independence/competence definition risks being rejected and causing application refusal. The Regulations do not specify accreditation systems or a validator register; the standard is competence and access to data, which leaves room for dispute.

Document retention and restrictions on dealing

The plan must include arrangements to record and make available specified documents, and maintain them for five years (reg 31(1)(b)). Reg 44 penalises dealing with documents contrary to plan arrangements. Inadequate document management or improper disposal could attract penalties and obstruct incident investigations. Note the required nominated address for secure storage and retrieval of documents (reg 31(3), reg 49).

Broad, partly subjective definition of "reportable incident"

A "reportable incident" includes an incident a reasonable licensee would consider to require immediate investigation (reg 2 definition). The subjectivity in that element can give inspectors and prosecutors scope to argue that certain events should have been reported. Failing to notify and follow up with a written report as required by reg 43 carries penalties.

Withdrawal of plan acceptance and procedural steps

The Minister can withdraw acceptance on several grounds (reg 40). While reg 41 mandates notice, a one month notice period and provides for submissions and a cut-off date, the consequences of withdrawal are serious: the licensee may find itself unable to lawfully operate or modify until a new plan is accepted. Withdrawal can proceed even if the licensee has been found guilty of an offence for the same failure (reg 42(1)-(2)), meaning separate administrative and criminal trajectories can run in parallel.

Interaction with pre-existing licences and transitional rules

For licences granted before commencement, Parts 3-6 generally do not apply until 1 July 2006 (reg 52(1)), but there are exceptions where a licensee applies earlier for consents or where the Minister has already accepted a plan (reg 52(2)). This can create complexity when dealing with legacy licences, and licensees must check whether their licence was granted pre-commencement and whether transitional application or grandfathering applies.

Fees and revenue units

Schedule 2 prescribes fees in revenue units, including large amounts for initial permits and licence applications (item 1 and 2: 4 000 revenue units). Licence fees per reg 7 use a formula tied to pipeline diameter and length with a prescribed unit amount (reg 7(1)(b), reg 7(1A)). Practitioners must convert revenue units to dollar amounts using the applicable rate for the period and account for GST treatments specified by reg 7(2)-(4). Failure to budget or pay fees can delay processing and invite administrative refusal under reg 50.

Ministerial discretion and partial acceptance

The Minister may accept plans in part and impose conditions or limitations (regs 25(4), 38(4)). That creates uncertainty on whether a licence permits the full range of activities the licensee intends. Licensees must consider the operational consequences of partial acceptances and conditions, and the potential need to restructure activities or seek further approvals.

Declared provisions and director liability implications

Reg 51A lists declared provisions and was introduced by later amendment to link specified regulations with the Act’s enforcement mechanisms. The insertion of declared provisions affects enforcement posture and may have implications for corporate officers. Practitioners advising directors should confirm the implications of declared provisions in the Act and whether personal liability regimes have been engaged by subsequent amending Acts.

No specification of validator accreditation or approval

The Regulations define validator competence but do not provide a formal accreditation or approval process. This creates room for disagreement about sufficiency of validators and could lead to disputes about validation adequacy at the consent stage.

Mitigation of these gotchas requires early engagement with the Minister, careful drafting of the pipeline management plan to satisfy regs 27-32, documented agreement on validation scope, robust document management and incident-response systems, budgeting for fees, and contingency plans for ministerial conditions or partial acceptances.

This section provides a practical compliance checklist and steps based on the regulatory text. Each action is tied to the Regulations where appropriate.

Early engagement with the Minister

Before lodging an application for consent to construct or to operate, obtain written agreement with the Minister on:
- The matters about the activities to be described in the pipeline management plan (regs 11(a), 17(a)); and
- The scope of the validation for the proposal (regs 11(b), 17(b)).
Document the agreements on scope in writing to avoid later disputes.

Prepare a compliant pipeline management plan (regs 23-32)

Ensure the plan addresses the stages intended (design/construction, operation, modification, decommissioning) and is explicit about which stages are covered (reg 23(2)).
Include the required contents:
- Strategic health and safety objectives (reg 27).
- Comprehensive description of the pipeline design, route corridor, construction method, agreed matters for design/construction and operation, compositions to be conveyed and safe operating limits (reg 28).
- Comprehensive description of risks to integrity, measures implemented to reduce risks as low as reasonably practicable, systems used to identify, evaluate and manage risks, and arrangements for monitoring, auditing and reviewing those systems (reg 29).
- Description of the Australian and international standards applied (reg 30).
- Arrangements for recording, making available and securely storing documents and records for five years at the nominated address (reg 31(1)-(2)).
- Reporting arrangements for the Minister at intervals agreed but at least annually (reg 32).

Arrange validations (regs 2-3)

Engage an independent validator who meets the competence and independence definition in reg 2. Document the validator’s qualifications, access to data and independence.
Ensure the validation statement:
- Is in writing and covers the scope agreed with the Minister (reg 3(1), 3(2)).
- Confirms the proposal’s suitability, integrity implications for any modifications, consistency with the pipeline management system description, and compliance with standards specified in the plan (reg 3(1)(a)-(d)).

Compile application materials and lodge applications correctly (regs 12, 18)

For consent to construct: lodge the application in writing, including applicant name, address for communications, facsimile or email in Australia, and include the relevant parts of the pipeline management plan and validation (reg 12(1)-(4)).
For consent to operate: lodge similarly with the parts of the plan that provide for operation, a validation and, if insurance is required under the Act, evidence that insurance is being maintained (reg 18(1)-(3)).
Ensure that the contact details required by reg 12 and 18 are current and comply with reg 49 to avoid the Minister declining to consider the application (reg 50).

Mind timelines but obtain express approval (regs 13, 19, 24, 37)

Be aware of the statutory decision timeframes: 28 days for construction consents and plan acceptance; 7 days for operating consents; 28 days for proposed revisions (regs 13(1), 19(1), 24(1), 37(1)). However the decisions are not invalid if the Minister misses timeframes (regs 13(2), 19(2), 24(2), 37(2)). Do not rely on deemed approvals. Obtain written consents and acceptances.

Implement document retention and access arrangements (reg 31)

Maintain a nominated address and ensure documents specified in reg 31(2) are securely stored, retrievable and retained for five years from creation (reg 31(1)(b)(i)-(ii)). Documents include the pipeline management plan in force, revisions and reports of reportable incidents (reg 31(2)). Comply with plan provisions on dealing with documents (reg 44).

Establish incident reporting and emergency procedures (reg 43)

Put in place an incident-response system to notify the Minister or an inspector as soon as possible of reportable incidents and to produce written reports within any period specified or otherwise as soon as practicable (reg 43(2)-(3)).
Ensure written incident reports address all material facts specified in reg 43(4)(a)-(b).

Operate within specified compositions and safe operating limits (reg 21)

Do not convey a composition of energy-producing hydrocarbons through a pipeline unless the plan specifies that composition and the safe operating limits, and the pipeline is operated within those limits (reg 21). Update the plan where compositions change and submit revisions if required (reg 33(f)).

Maintain worker competence and legislative awareness (regs 46-47)

Ensure, as far as reasonably practicable, that workers have necessary skills, training and ability for routine and non-routine tasks and emergency response (reg 46).
Ensure workers know about the effect of relevant legislation that relates to safety for persons, the pipeline and the environment (reg 47). Keep records of training and awareness activities as part of the plan’s documentation.

Plan revision regime (regs 33-39)

Submit proposed revisions promptly when conditions in reg 33(3) are met, including developments in technical knowledge, new risk information, changes in hydrocarbons conveyed, or proposals to modify or decommission not addressed in the plan.
Where revisions relate to modification/decommissioning, agree scope of validation with the Minister before submission (reg 33(2)).
Revise at the end of each five year period, with proposed revisions including measures for ongoing integrity and maximum allowable operating pressure (reg 35(1)-(2)).
If the Minister requests a revision (reg 34), respond within 21 days with submissions explaining why the revision should not occur or should be varied, and be prepared to comply if reasons are not accepted (reg 34(3)-(6)).

Prepare for ministerial conditions and partial acceptance (regs 25, 38)

Anticipate that the Minister may accept plans or revisions in part or impose limitations or conditions. Consider operating contingencies and contractual flexibility to accommodate partial acceptance.

Maintain contact information and administrative readiness (regs 49-51)

Keep the Minister notified of an address for communications and ensure it is current (reg 49).
Understand the service/delivery rules for documents (reg 51) and retain proof of service or delivery where important.

Budget and pay prescribed fees (reg 7, Schedule 2)

Calculate licence fees using the greater of the fixed revenue unit amount (reg 7(1)(a)) or the formula A = B x C x D where B is the prescribed unit amount (reg 7(1)(b) and (1A)). Account for GST as outlined in reg 7(2)-(4).
Pay the prescribed fees in Schedule 2 for permit applications, licence applications, renewals, variations and register entries. Convert revenue units to dollars using the relevant revenue unit value in force for the transaction period.

Prepare for potential withdrawal and enforcement (regs 40-42, 51A)

Monitor compliance with the Act and Regulations, internal plan obligations (regs 14, 20, 33, 34, 35), and responses to proposed revisions to avoid grounds for withdrawal of acceptance (reg 40).
If the Minister gives notice of intention to withdraw acceptance, use the one month notice period to make submissions, take remedial action and address matters the Minister may consider (reg 41).

Seek legal and technical advice early on ambiguous points

In areas where the Regulations use qualitative standards such as "reasonable grounds" or "as low as reasonably practicable" (reg 29(b)), obtain technical and legal advice to articulate, document and support the licensee’s position to the Minister and to validators.

Keep records of Ministerial interactions and agreements

Keep contemporaneous records of any agreements about the scope of validation, any timetables proposed by the Minister where the Minister cannot decide within 28 days, and any submissions and responses under reg 34. These records will be material if the Minister exercises conditional acceptance, imposes limitations, or seeks to withdraw acceptance.

This checklist is text-grounded. For complex projects, integrate these steps into project timelines so that validation, plan acceptance and ministerial consents are obtained in chronological alignment with construction and commissioning plans. Where the Regulations intersect with other statutory requirements (insurance under the Act, mapping notifications to Surveyor-General and Australian Hydrographic Office under reg 15(2), and Australian Standards per reg 30), coordinate compliance across legal, technical and operational teams.

ENERGY PIPELINES REGULATIONS 2001

Plain English Summary

Deep Dive

What it does

Current sections

ENERGY PIPELINES REGULATIONS 2001

Source text: opening excerpt

1 ENERGY PIPELINES REGULATIONS 2001

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply