226Variation of pipeline licence on application by licensee

#### 226 Variation of pipeline licence on application by licensee (1) A pipeline licensee may apply to the Titles Administrator for the variation by the Joint Authority of the licence. (2) An application under this section must: (a) be in the approved form; and (b) be accompanied by any information or documents required by the form. (2A) If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the 10‑day period that began on the day after the application was made. > Note 1: Part 2.10 contains additional provisions about application procedures. > Note 2: Section 256 requires the application to be accompanied by an application fee. > Note 3: Section 258 enables the Titles Administrator to require the applicant to give further information. (3) When notice of an application under this section is published in the Gazette, the notice must specify a period within which a person may make a written submission to the Titles Administrator about the application. > Note: For publication in the Gazette of notice of the application, see section 708. (4) Subject to subsection (4A), the Joint Authority may, by written notice given to the applicant: (a) vary the pipeline licence to such extent as the Joint Authority thinks necessary; or (b) refuse to vary the pipeline licence. (4A) In deciding whether to vary the licence, the Joint Authority: (a) must have regard to any submissions made to the Titles Administrator under subsection (3); and (b) may have regard to: (i) the matters specified in subsection (4B); and (ii) any other matters the Joint Authority considers relevant. (4B) The matters are as follows: (a) whether the technical advice and financial resources available to the applicant are sufficient to: (i) carry out the operations and works that will be authorised by the licence as varied; and (ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence as varied; (b) any other matters prescribed by the regulations. (5) A variation of a pipeline licence under this section takes effect on the day on which notice of the variation is published in the Gazette. > Note: For publication in the Gazette of notice of the variation, see section 708. Time limit for making decision (6) The Joint Authority must make a decision under subsection (4) within the period that: (a) begins when the period referred to in subsection (3) ends; and (b) runs for: (i) if a written agreement between the applicant and the Joint Authority in relation to the application specifies a number of days for the purposes of this subparagraph—that number of days; or (ii) if no such agreement is in force—the prescribed number of days. (7) If the Titles Administrator, by written notice under subsection 258(2), requires the applicant to give further information in connection with the application, the period referred to in subsection (6) of this section is extended by one day for each day during the period: (a) beginning on the day on which the notice is given; and (b) ending when the applicant gives the Titles Administrator the information. (8) The Joint Authority is not required to comply with subsection (6) unless a number of days is prescribed for the purposes of subparagraph (6)(b)(ii). (9) The applicant and the Joint Authority may vary or terminate an agreement referred to in subparagraph (6)(b)(i). (10) A failure to comply with subsection (6) in relation to a decision does not affect the validity of the decision. > Note: See also sections 286B and 286C.