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
Section 1 - ENERGY PIPELINES REGULATIONS 2001 - ENERGY PIPELINES REGULATIONS 2001 | Zoe
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
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