215Termination of pipeline licence if no operations for 5 years

#### 215 Termination of pipeline licence if no operations for 5 years Termination of licence (1) If a pipeline licence is in force, and the licensee: (a) has not carried out any construction work under the licence at any time during a continuous period of at least 5 years; and (b) has not used the pipeline or a part of the pipeline at any time during a continuous period of at least 5 years; the Joint Authority may, by written notice given to the licensee, tell the licensee that the Joint Authority proposes to: (c) terminate the pipeline licence; or (d) terminate the pipeline licence in relation to the part of the pipeline; as the case may be, after the end of 30 days after the notice is given. (2) At any time after the end of 30 days after the notice referred to in subsection (1) is given to the licensee, the Joint Authority may, by written notice given to the licensee: (a) terminate the pipeline licence; or (b) terminate the pipeline licence in relation to the part of the pipeline; as the case may be. > Note: For remedial directions following termination, see section 587 or 587A. (3) In working out, for the purposes of subsection (1): (a) the period in which a pipeline licensee did not carry out any construction work under the licence; or (b) the period in which a pipeline licensee did not use the pipeline or a part of the pipeline; disregard any period in which construction work was not carried out, or the pipeline or part of the pipeline was not used, as the case may be, because of circumstances beyond the licensee’s control. (4) For the purposes of subsection (3), the depletion of recoverable petroleum is not a circumstance beyond the licensee’s control. > Note: See also section 780 (compensation for acquisition of property). (5) For the purposes of subsection (3), the failure to obtain a greenhouse gas substance for conveyance in the pipeline, or a part of the pipeline, is not a circumstance beyond the licensee’s control. Consultation (6) The Joint Authority may give a copy of a notice under subsection (1) to such other persons (if any) as the Joint Authority thinks fit. (7) A notice under subsection (1) must: (a) invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the Joint Authority about the proposal to: (i) terminate the pipeline licence; or (ii) terminate the pipeline licence in relation to the part of the pipeline; and (b) specify a time limit for making that submission. > Note: All communications to the Joint Authority are to be made through the Titles Administrator—see section 63. (8) In deciding whether to: (a) terminate the pipeline licence; or (b) terminate the pipeline licence in relation to the part of the pipeline; the Joint Authority must take into account any submissions made in accordance with the notice.