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Petroleum and Gas (Production and Safety) Act 2004
sec.413Restriction on imposing takeover condition
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### sec.413 Restriction on imposing takeover condition
A pipeline licence may include a condition (a takeover condition ) that takeover action may be taken on grounds, or in circumstances, stated in the licence only if—
the licence is a point-to-point pipeline licence; and
the Minister is satisfied—
an appropriate competitive tender process has been carried out to select the developer for the pipeline; and
a contract to which the State and the applicant are parties provides for the imposition of the condition.
In this section—
takeover action means doing 1 or more of the following—
cancelling the licence, other than by way of noncompliance action;
transferring the pipeline to the State;
taking over the construction of the pipeline;
taking over the operation of the pipeline;
transferring to the State the licence holder’s interest in pipeline land for the pipeline;
transferring 1 or more of the following to an entity other than the State—
the pipeline;
the licence;
the licence holder’s interest in pipeline land for the pipeline.
(sec.413-ssec.1) A pipeline licence may include a condition (a takeover condition ) that takeover action may be taken on grounds, or in circumstances, stated in the licence only if— the licence is a point-to-point pipeline licence; and the Minister is satisfied— an appropriate competitive tender process has been carried out to select the developer for the pipeline; and a contract to which the State and the applicant are parties provides for the imposition of the condition.
(sec.413-ssec.2) In this section— takeover action means doing 1 or more of the following— cancelling the licence, other than by way of noncompliance action; transferring the pipeline to the State; taking over the construction of the pipeline; taking over the operation of the pipeline; transferring to the State the licence holder’s interest in pipeline land for the pipeline; transferring 1 or more of the following to an entity other than the State— the pipeline; the licence; the licence holder’s interest in pipeline land for the pipeline.
- (a) the licence is a point-to-point pipeline licence; and
- (b) the Minister is satisfied— (i) an appropriate competitive tender process has been carried out to select the developer for the pipeline; and (ii) a contract to which the State and the applicant are parties provides for the imposition of the condition.
- (i) an appropriate competitive tender process has been carried out to select the developer for the pipeline; and
- (ii) a contract to which the State and the applicant are parties provides for the imposition of the condition.
- (i) an appropriate competitive tender process has been carried out to select the developer for the pipeline; and
- (ii) a contract to which the State and the applicant are parties provides for the imposition of the condition.
- (a) cancelling the licence, other than by way of noncompliance action;
- (b) transferring the pipeline to the State;
- (c) taking over the construction of the pipeline;
- (d) taking over the operation of the pipeline;
- (e) transferring to the State the licence holder’s interest in pipeline land for the pipeline;
- (f) transferring 1 or more of the following to an entity other than the State— (i) the pipeline; (ii) the licence; (iii) the licence holder’s interest in pipeline land for the pipeline.
- (i) the pipeline;
- (ii) the licence;
- (iii) the licence holder’s interest in pipeline land for the pipeline.
- (i) the pipeline;
- (ii) the licence;
- (iii) the licence holder’s interest in pipeline land for the pipeline.