212Duration of pipeline licence

212 Duration of pipeline licence

(1) A pipeline licence comes into force—

(a) on the day on which the pipeline licence is granted; or

(b) if a later day is specified in the pipeline licence as being the day on which the pipeline licence is to come into force—on that later day.

(2) A pipeline licence remains in force indefinitely.

1 For the surrender of a pipeline licence, see Part 2.12.

2 For the cancellation of a pipeline licence, see Part 2.13.

3 For the termination of a pipeline licence if there have been no operations for 5 years, see section 213.

213 Termination of pipeline licence if no operations for 5 years

(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 Minister may, by written notice given to the licensee, tell the licensee that the Minister 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 Minister 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.

(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.

(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.

(6) The Minister may give a copy of a notice under subsection (1) to such other persons (if any) as the Minister thinks fit.