sec.165Exclusion of pt 6I, div 1 for continuance of particular existing road uses

### sec.165 Exclusion of pt 6I, div 1 for continuance of particular existing road uses If, immediately before the commencement, a 1923 Act petroleum tenure holder was using a public road in the area of the tenure for transport relating to a seismic survey or drilling activity, part 6I, division 1 does not apply for the use while it continues. Subsection (3) applies for the use (the haulage use ) by a 1923 Act petroleum tenure holder of a public road for haulage that relates to— the transportation of petroleum produced or processed in the area of the tenure; or the construction of a pipeline. Part 6I, division 1, does not apply for the haulage use if— at any time within 12 months before the commencement, the holder was carrying out the haulage use; and the type of haulage under the haulage use is the same, or substantially the same, as the type of haulage carried out within the 12 months. Subsection (3) applies even if the haulage use stops and later starts again. A reference to part 6I, division 1 in this section is taken to include a reference to the Common Provisions Act, chapter 3, part 3, division 2. In this section— commencement means the day section 78Z commences. s 165 ins 2004 No. 26 s 68 amd 2014 No. 47 s 513 (sec.165-ssec.1) If, immediately before the commencement, a 1923 Act petroleum tenure holder was using a public road in the area of the tenure for transport relating to a seismic survey or drilling activity, part 6I, division 1 does not apply for the use while it continues. (sec.165-ssec.2) Subsection (3) applies for the use (the haulage use ) by a 1923 Act petroleum tenure holder of a public road for haulage that relates to— the transportation of petroleum produced or processed in the area of the tenure; or the construction of a pipeline. (sec.165-ssec.3) Part 6I, division 1, does not apply for the haulage use if— at any time within 12 months before the commencement, the holder was carrying out the haulage use; and the type of haulage under the haulage use is the same, or substantially the same, as the type of haulage carried out within the 12 months. (sec.165-ssec.4) Subsection (3) applies even if the haulage use stops and later starts again. (sec.165-ssec.4A) A reference to part 6I, division 1 in this section is taken to include a reference to the Common Provisions Act, chapter 3, part 3, division 2. (sec.165-ssec.5) In this section— commencement means the day section 78Z commences. - (a) the transportation of petroleum produced or processed in the area of the tenure; or - (b) the construction of a pipeline. - (a) at any time within 12 months before the commencement, the holder was carrying out the haulage use; and - (b) the type of haulage under the haulage use is the same, or substantially the same, as the type of haulage carried out within the 12 months.