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Petroleum and Gas (Production and Safety) Act 2004
sec.559Obligation to decommission pipelines
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### sec.559 Obligation to decommission pipelines
The holder of a petroleum authority must, before the decommissioning day, decommission, in the way prescribed under a regulation, any pipeline in the area of the authority.
Maximum penalty—2,000 penalty units.
See also section 539 (3) and (4) (General provision about ownership while tenure or licence is in force for pipeline).
If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 814A , to have also committed the offence.
However, subsection (1) —
does not apply if the pipeline was constructed or operated under another petroleum authority; and
ceases to apply if the operation of the pipeline becomes an authorised activity for another petroleum authority.
Also, subsection (1) does not apply for a pipeline if—
the petroleum authority is a pipeline licence; and
the licence is surrendered or otherwise ends for the purpose of the pipelines the subject of the licence becoming the subject of another pipeline licence.
In this section—
decommissioning day means the later of the following days—
the earlier of the following—
the day the authority ends;
the day the land ceases to be in the area of the authority;
if, before the day provided for under paragraph (a) , the Minister fixes a day—that day;
if, before a day fixed under paragraph (b) , the Minister fixes a later day—that day.
s 559 amd 2004 No. 26 s 188 ; 2005 No. 3 s 73 ; 2011 No. 2 ss 121 , 122 sch ; 2013 No. 51 s 229 sch 1
(sec.559-ssec.1) The holder of a petroleum authority must, before the decommissioning day, decommission, in the way prescribed under a regulation, any pipeline in the area of the authority. Maximum penalty—2,000 penalty units. See also section 539 (3) and (4) (General provision about ownership while tenure or licence is in force for pipeline). If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 814A , to have also committed the offence.
(sec.559-ssec.2) However, subsection (1) — does not apply if the pipeline was constructed or operated under another petroleum authority; and ceases to apply if the operation of the pipeline becomes an authorised activity for another petroleum authority.
(sec.559-ssec.3) Also, subsection (1) does not apply for a pipeline if— the petroleum authority is a pipeline licence; and the licence is surrendered or otherwise ends for the purpose of the pipelines the subject of the licence becoming the subject of another pipeline licence.
(sec.559-ssec.4) In this section— decommissioning day means the later of the following days— the earlier of the following— the day the authority ends; the day the land ceases to be in the area of the authority; if, before the day provided for under paragraph (a) , the Minister fixes a day—that day; if, before a day fixed under paragraph (b) , the Minister fixes a later day—that day.
- 1 See also section 539 (3) and (4) (General provision about ownership while tenure or licence is in force for pipeline).
- 2 If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 814A , to have also committed the offence.
- (a) does not apply if the pipeline was constructed or operated under another petroleum authority; and
- (b) ceases to apply if the operation of the pipeline becomes an authorised activity for another petroleum authority.
- (a) the petroleum authority is a pipeline licence; and
- (b) the licence is surrendered or otherwise ends for the purpose of the pipelines the subject of the licence becoming the subject of another pipeline licence.
- (a) the earlier of the following— (i) the day the authority ends; (ii) the day the land ceases to be in the area of the authority;
- (i) the day the authority ends;
- (ii) the day the land ceases to be in the area of the authority;
- (b) if, before the day provided for under paragraph (a) , the Minister fixes a day—that day;
- (c) if, before a day fixed under paragraph (b) , the Minister fixes a later day—that day.
- (i) the day the authority ends;
- (ii) the day the land ceases to be in the area of the authority;