sec.938Exclusion of ch 5, pt 3, div 1 for continuance of particular existing road uses

### sec.938 Exclusion of ch 5, pt 3, div 1 for continuance of particular existing road uses If, immediately before the commencement, a petroleum authority holder was using a public road in the area of the authority for transport relating to a seismic survey or drilling activity, chapter 5, part 3, division 1 does not apply for the use while it continues. Subsection (1) applies for the use (the haulage use ) by a petroleum authority holder of a public road for haulage that relates to— the transportation of petroleum produced or processed in the area of the authority; or the construction of a pipeline. Chapter 5, part 3, 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 (1) applies even if the haulage use stops and later starts again. A reference to chapter 5, part 3, 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 516 commences. s 938 (prev s 878) renum 2004 No. 26 s 248 amd 2004 No. 26 s 69 (2) sch ; 2014 No. 47 s 570 (sec.938-ssec.1) If, immediately before the commencement, a petroleum authority holder was using a public road in the area of the authority for transport relating to a seismic survey or drilling activity, chapter 5, part 3, division 1 does not apply for the use while it continues. (sec.938-ssec.2) Subsection (1) applies for the use (the haulage use ) by a petroleum authority holder of a public road for haulage that relates to— the transportation of petroleum produced or processed in the area of the authority; or the construction of a pipeline. (sec.938-ssec.3) Chapter 5, part 3, 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.938-ssec.4) Subsection (1) applies even if the haulage use stops and later starts again. (sec.938-ssec.4A) A reference to chapter 5, part 3, division 1 in this section is taken to include a reference to the Common Provisions Act, chapter 3, part 3, division 2. (sec.938-ssec.5) In this section— commencement means the day section 516 commences. - (a) the transportation of petroleum produced or processed in the area of the authority; 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.