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Petroleum and Gas (Production and Safety) Act 2004
sec.399What is pipeline land for a pipeline licence
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### sec.399 What is pipeline land for a pipeline licence
Pipeline land , for a pipeline licence, is land—
that the licence holder owns; or
over which the holder—
holds an appropriate easement for the construction or operation of the pipeline; or
has obtained the owner’s written permission to enter to construct or operate the pipeline; or
holds a part 5 permission to enter to construct or operate the pipeline.
To remove any doubt, it is declared that—
the granting of a pipeline licence does not, of itself, create an easement for the construction or operation of the pipeline; and
the giving of a waiver of entry notice under the Common Provisions Act , section 42 is not, of itself, a permission for subsection (1) (b) (ii) .
If the Coordinator-General acquires an easement over land for a purpose that includes providing for the construction and operation of a pipeline, the only owner of the land, for a permission mentioned in subsection (1) (b) (ii) , is the Coordinator-General.
In this section—
acquires means acquires under the State Development Act .
s 399 amd 2004 No. 26 s 150 ; 2011 No. 16 s 18 ; 2014 No. 40 s 154 sch 1 pt 1 ; 2018 No. 24 s 212 ; 2023 No. 25 s 17
(sec.399-ssec.1) Pipeline land , for a pipeline licence, is land— that the licence holder owns; or over which the holder— holds an appropriate easement for the construction or operation of the pipeline; or has obtained the owner’s written permission to enter to construct or operate the pipeline; or holds a part 5 permission to enter to construct or operate the pipeline.
(sec.399-ssec.2) To remove any doubt, it is declared that— the granting of a pipeline licence does not, of itself, create an easement for the construction or operation of the pipeline; and the giving of a waiver of entry notice under the Common Provisions Act , section 42 is not, of itself, a permission for subsection (1) (b) (ii) .
(sec.399-ssec.3) If the Coordinator-General acquires an easement over land for a purpose that includes providing for the construction and operation of a pipeline, the only owner of the land, for a permission mentioned in subsection (1) (b) (ii) , is the Coordinator-General.
(sec.399-ssec.4) In this section— acquires means acquires under the State Development Act .
- (a) that the licence holder owns; or
- (b) over which the holder— (i) holds an appropriate easement for the construction or operation of the pipeline; or (ii) has obtained the owner’s written permission to enter to construct or operate the pipeline; or (iii) holds a part 5 permission to enter to construct or operate the pipeline.
- (i) holds an appropriate easement for the construction or operation of the pipeline; or
- (ii) has obtained the owner’s written permission to enter to construct or operate the pipeline; or
- (iii) holds a part 5 permission to enter to construct or operate the pipeline.
- (i) holds an appropriate easement for the construction or operation of the pipeline; or
- (ii) has obtained the owner’s written permission to enter to construct or operate the pipeline; or
- (iii) holds a part 5 permission to enter to construct or operate the pipeline.
- (a) the granting of a pipeline licence does not, of itself, create an easement for the construction or operation of the pipeline; and
- (b) the giving of a waiver of entry notice under the Common Provisions Act , section 42 is not, of itself, a permission for subsection (1) (b) (ii) .