sec.802Restriction on pipeline construction or operation

### sec.802 Restriction on pipeline construction or operation A person must not construct or operate a pipeline, other than a distribution pipeline or a produced water pipeline, unless— the construction or operation is— carried out— under this Act and under the authority of a petroleum tenure, a pipeline licence or a petroleum facility licence; or under the 1923 Act and under the authority of a 1923 Act petroleum tenure; or under the GHG storage Act and under the authority of a GHG tenure; or necessary to preserve life or property because of a dangerous situation or emergency that exists or may exist; or the pipeline is completely within a parcel of land, or contiguous parcels of land, owned by the person; or the operation of the pipeline consists of— the transportation, within the area of a coal or oil shale mining lease, of coal seam gas mined in the area of the mining lease, under the Mineral Resources Act , section 318CM ; or the transportation, within the area of 2 or more coal mining leases that share a common boundary or are contiguous, of coal seam gas mined in the area of 1 or more of the mining leases, under the Mineral Resources Act , section 318CM ; or the transportation, within the area of a mining lease, of a gasification or retorting product produced under the lease. Maximum penalty—2,000 penalty units. 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. In this section— produced includes extracted, mined or released. produced water pipeline means a pipeline for transporting produced water if the construction and operation of the pipeline is carried out under an Act other than an Act mentioned in subsection (1) (a) (i) . s 802 amd 2005 No. 3 s 105 sch ; 2009 No. 3 s 582 ; 2012 No. 20 s 116 ; 2013 No. 10 s 175 ; 2013 No. 51 s 229 sch 1 ; 2014 No. 47 s 638 ; 2014 No. 47 s 592 (sec.802-ssec.1) A person must not construct or operate a pipeline, other than a distribution pipeline or a produced water pipeline, unless— the construction or operation is— carried out— under this Act and under the authority of a petroleum tenure, a pipeline licence or a petroleum facility licence; or under the 1923 Act and under the authority of a 1923 Act petroleum tenure; or under the GHG storage Act and under the authority of a GHG tenure; or necessary to preserve life or property because of a dangerous situation or emergency that exists or may exist; or the pipeline is completely within a parcel of land, or contiguous parcels of land, owned by the person; or the operation of the pipeline consists of— the transportation, within the area of a coal or oil shale mining lease, of coal seam gas mined in the area of the mining lease, under the Mineral Resources Act , section 318CM ; or the transportation, within the area of 2 or more coal mining leases that share a common boundary or are contiguous, of coal seam gas mined in the area of 1 or more of the mining leases, under the Mineral Resources Act , section 318CM ; or the transportation, within the area of a mining lease, of a gasification or retorting product produced under the lease. Maximum penalty—2,000 penalty units. 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.802-ssec.2) In this section— produced includes extracted, mined or released. produced water pipeline means a pipeline for transporting produced water if the construction and operation of the pipeline is carried out under an Act other than an Act mentioned in subsection (1) (a) (i) . - (a) the construction or operation is— (i) carried out— (A) under this Act and under the authority of a petroleum tenure, a pipeline licence or a petroleum facility licence; or (B) under the 1923 Act and under the authority of a 1923 Act petroleum tenure; or (C) under the GHG storage Act and under the authority of a GHG tenure; or (ii) necessary to preserve life or property because of a dangerous situation or emergency that exists or may exist; or - (i) carried out— (A) under this Act and under the authority of a petroleum tenure, a pipeline licence or a petroleum facility licence; or (B) under the 1923 Act and under the authority of a 1923 Act petroleum tenure; or (C) under the GHG storage Act and under the authority of a GHG tenure; or - (A) under this Act and under the authority of a petroleum tenure, a pipeline licence or a petroleum facility licence; or - (B) under the 1923 Act and under the authority of a 1923 Act petroleum tenure; or - (C) under the GHG storage Act and under the authority of a GHG tenure; or - (ii) necessary to preserve life or property because of a dangerous situation or emergency that exists or may exist; or - (b) the pipeline is completely within a parcel of land, or contiguous parcels of land, owned by the person; or - (c) the operation of the pipeline consists of— (i) the transportation, within the area of a coal or oil shale mining lease, of coal seam gas mined in the area of the mining lease, under the Mineral Resources Act , section 318CM ; or (ii) the transportation, within the area of 2 or more coal mining leases that share a common boundary or are contiguous, of coal seam gas mined in the area of 1 or more of the mining leases, under the Mineral Resources Act , section 318CM ; or (iii) the transportation, within the area of a mining lease, of a gasification or retorting product produced under the lease. - (i) the transportation, within the area of a coal or oil shale mining lease, of coal seam gas mined in the area of the mining lease, under the Mineral Resources Act , section 318CM ; or - (ii) the transportation, within the area of 2 or more coal mining leases that share a common boundary or are contiguous, of coal seam gas mined in the area of 1 or more of the mining leases, under the Mineral Resources Act , section 318CM ; or - (iii) the transportation, within the area of a mining lease, of a gasification or retorting product produced under the lease. - (i) carried out— (A) under this Act and under the authority of a petroleum tenure, a pipeline licence or a petroleum facility licence; or (B) under the 1923 Act and under the authority of a 1923 Act petroleum tenure; or (C) under the GHG storage Act and under the authority of a GHG tenure; or - (A) under this Act and under the authority of a petroleum tenure, a pipeline licence or a petroleum facility licence; or - (B) under the 1923 Act and under the authority of a 1923 Act petroleum tenure; or - (C) under the GHG storage Act and under the authority of a GHG tenure; or - (ii) necessary to preserve life or property because of a dangerous situation or emergency that exists or may exist; or - (A) under this Act and under the authority of a petroleum tenure, a pipeline licence or a petroleum facility licence; or - (B) under the 1923 Act and under the authority of a 1923 Act petroleum tenure; or - (C) under the GHG storage Act and under the authority of a GHG tenure; or - (i) the transportation, within the area of a coal or oil shale mining lease, of coal seam gas mined in the area of the mining lease, under the Mineral Resources Act , section 318CM ; or - (ii) the transportation, within the area of 2 or more coal mining leases that share a common boundary or are contiguous, of coal seam gas mined in the area of 1 or more of the mining leases, under the Mineral Resources Act , section 318CM ; or - (iii) the transportation, within the area of a mining lease, of a gasification or retorting product produced under the lease.