66Grant or refusal of pipeline licence

#### 66 Grant or refusal of pipeline licence 66 Grant or refusal of pipeline licence > > (1) Where a person makes an application in accordance with section 65, the Minister may, if that person is not the licensee and the application has not been rejected under section 65 (3), inform the applicant, by instrument in writing served on the applicant, that the Minister is prepared to grant a pipeline licence to that person. > > > (2) Where an application for a pipeline licence in respect of the construction in an adjacent area of a pipeline for the conveyance of petroleum recovered in a licence area is made in accordance with section 65 by the licensee, the Minister— > > > > > (a) shall, if the conditions to which the licence is, or has from time to time been, subject and the provisions of this Part and of the regulations have been complied with, or > > > > > (b) may, if— > > > > > > > (i) any of the conditions to which the licence is, or has from time to time been, subject or any of the provisions of this Part and of the regulations has not been complied with, and > > > > > > > (ii) the Minister is, nevertheless, satisfied that special circumstances exist that justify the granting of a pipeline licence, > > > > by instrument in writing served on the person who is then the licensee, inform the person that the Minister is prepared to grant to the person a pipeline licence. > > > (3) Where an application for a pipeline licence in respect of the construction in an adjacent area of a pipeline for the conveyance of petroleum recovered in a licence area is made in accordance with section 65 by the licensee, the Minister shall, if— > > > > > (a) any of the conditions to which the licence is, or has from time to time been, subject or any of the provisions of this Part and of the regulations has not been complied with, and > > > > > (b) the Minister is not satisfied that special circumstances exist that justify the granting of a pipeline licence, > > > > by instrument in writing served on the person who is then the licensee, refuse to grant a pipeline licence. > > > (4) The Minister shall not, under subsection (3), refuse to grant a pipeline licence to a licensee unless— > > > > > (a) the Minister has, by instrument in writing served on the licensee, given not less than 1 month’s notice of the Minister’s intention to refuse to grant the pipeline licence, > > > > > (b) the Minister has served a copy of the instrument on such other persons, if any, as the Minister thinks fit, > > > > > (c) the Minister has, in the instrument— > > > > > > > (i) given particulars of the reasons for the intention, and > > > > > > > (ii) specified a date on or before which the licensee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit any matters that he or she wishes the Minister to consider, and > > > > > (d) the Minister has taken into account any matters so submitted to the Minister on or before the specified date by the licensee or by a person on whom a copy of the firstmentioned instrument has been served. > > > (5) Where a person, other than the licensee or the pipeline operator under the Commonwealth Act or a corresponding law, makes an application in accordance with section 65 for a pipeline licence in respect of the construction of a pipeline for the conveyance of petroleum recovered in a licence area or, as the case may be, a licence area under the Commonwealth Act or a corresponding law, the Minister may, by instrument in writing served on the applicant, refuse to grant a pipeline licence. > > > (6) (Repealed) > > > (7) An instrument under subsection (1) or (2)— > > > > > (a) shall specify the route to be followed by the pipeline, > > > > > (b) shall contain a summary of the conditions subject to which the pipeline licence is to be granted, and > > > > > (c) shall contain a statement to the effect that the application will lapse if the applicant does not make a request under subsection (9). > > > (8) The route to be specified in an instrument under subsection (1) or (2) shall be— > > > > > (a) the route shown in the plan accompanying the application, or > > > > > (b) if the Minister is of the opinion that, for any reason, that route is not appropriate—a route that, in the opinion of the Minister, is appropriate. > > > (9) A person on whom there has been served an instrument under subsection (1) or (2) may, within a period of 3 months after the date of service of the instrument on the person, or within such further period, not exceeding 3 months, as the Minister, on application in writing served on the Minister before the expiration of the firstmentioned period of 3 months, allows, by instrument in writing served on the Minister, request the Minister to grant to the person the pipeline licence. > > > (10) Where a person on whom there has been served an instrument under subsection (1) or (2) has made a request under subsection (9) within the period applicable under subsection (9), the Minister shall grant to that person a licence to construct and operate a pipeline in respect of the pipeline specified in the instrument. > > > (11) Where a person on whom there has been served an instrument under subsection (1) or (2) has not made a request under subsection (9) within the period applicable under subsection (9), the application lapses upon the expiration of that period. > > > (12) (Repealed) > > > (13) In this section, pipeline operator under the Commonwealth Act or a corresponding law means a person who is entitled under the Commonwealth Act or a corresponding law to carry on operations for the recovery of petroleum in an area outside the adjacent area and who the Minister is satisfied is or will be entitled to construct a pipeline from the firstmentioned area to the boundary of the adjacent area. > > **s 66:** Am 1991 No 6, Sch 1 (19); 1991 No 85, Sch 2 (19).