Requires a licence to build, alter or operate a pipeline used to carry petroleum in Western Australia (licences and operation are regulated) (s 6). Certain small or specified pipelines are excluded from this Act (definition of pipeline) (s 4).
Sets out how to apply for a licence and what must be supplied (technical design, route plans, evidence of technical and financial capacity, agreements and notifications) (s 8). The Minister can request further information (s 8(2)). Notices and public publication are required during the application process (s 8(3)–(4)).
Gives the Minister broad powers to approve or refuse licences, to impose conditions on licences (including completion and operation deadlines), to require securities or insurance, and to publish grants or changes (s 10; s 12; s 13; s 37A; s 58). The Minister must generally consider the public interest and the applicant’s financial ability (s 10(2)).
Provides for compulsory acquisition of land or easements for pipeline purposes at the licensee’s expense, using the Land Administration Act machinery (s 19). The Minister for Lands may grant easements over Crown land to a licensee (s 16); public authorities may also grant rights over land (s 17).
Requires registration of licences and many dealings affecting licences in a Minister‑kept register (Part IV, especially ss 43–47). Transfers and many other dealings are ineffective until approved and entered by the Minister (s 44; s 47). The register carries evidentiary weight (s 53) and the State Administrative Tribunal can order rectification (s 54).
The Petroleum Pipelines Act 1969 establishes a comprehensive licensing and regulatory regime for the construction, operation and maintenance of pipelines used to convey petroleum in Western Australia. At its core, s.6(1) prohibits any person from commencing or continuing construction of a pipeline, or altering or reconstructing one, except under and in pursuance of a licence. Similarly, s.6(2) prohibits operation of a pipeline except under a licence and with the Minister's prior written consent under s.36 to commence or resume operations.
The Act defines its scope narrowly through s.4(1). "Petroleum" is defined as any naturally occurring hydrocarbon (in gaseous, liquid or solid state), mixtures of hydrocarbons, or mixtures with hydrogen sulphide, nitrogen, helium or carbon dioxide, including petroleum returned to a natural reservoir. A "pipeline" means a pipe or system of pipes for conveyance of petroleum, including protective structures, loading terminals, works, buildings, fittings, pumps, tanks, appurtenances, appliances and any facility declared under s.5 to be a pipeline facility. Importantly, the definition excludes pipelines under the Petroleum (Submerged Lands) Act 1982, certain gathering or production lines, pipelines authorised under other Acts, distribution systems under the Energy Coordination Act 1994, pipelines wholly within residential/business/agricultural land for on-site use, and pipelines or classes declared by the Minister under s.5 not to be pipelines.
Part II provides the machinery for licences. An application under s.8 must be in approved form, accompanied by detailed particulars of design, cathodic protection, size, capacity, work and expenditure proposals, technical qualifications, financial resources, a scaled plan showing the route, pumping stations, access lands, and particulars of land or easements acquired or needed. The applicant must notify relevant local governments and every owner and occupier of land over which the pipeline will pass (s.8(3)), and the Minister must publish notice in the Government Gazette, a daily newspaper and local papers (s.8(4)).
Current sections
Direct links to the current provisions in Petroleum Pipelines Act 1969.
81
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Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Allows the Minister to give directions about use of pipelines, including directions arising from applications by third parties who request conveyance of petroleum through a pipeline; the Minister can set amounts to be paid but the licensee retains priority to convey its own petroleum (s 21(1)–(6)).
Imposes ongoing duties on licensees: construct along the authorised route and to prescribed standards (ss 33–34); operate continuously unless the Minister consents or exceptions apply (s 35); mark and maintain the route and remove unused property (s 38); restore agricultural land after construction (s 39); avoid pollution and obstruction of waters when crossing (s 40); maintain insurance as directed (s 37A).
Provides inspection and enforcement powers (inspectors may enter licence areas, inspect and take samples, and require production of documents) (ss 62–63); non‑compliance attracts fines and, for certain serious offences, imprisonment (various penalties, e.g. ss 6, 35, 65). The Minister may itself do work required by directions at the responsible party’s cost (s 42).
Declares that pipelines built under the Act remain the owner’s property even if affixed to land, but licences are not personal property for the Federal Personal Property Securities Act (s 57; s 66E).
Who is affected, who pays and who decides (practical lines of authority)
Licensees (the holder of an approved licence) are the primary regulated party: they must pay application fees and annual licence fees (s 29), provide security or insurance (ss 13; 37A), fund compulsory acquisition costs if they seek takings under s 19(1), pay compensation for damage to land (s 7(6); s 57(2)), and meet conditions, directions and inspection requests (ss 12; 41; 63).
Landowners or occupiers are affected by authorised entry for surveys (s 7), by easements and acquisitions (s 19), and by restoration/compensation obligations (ss 7(4)–(6); 39; 57(2)). Compensation mechanisms and rights to contest compensation are provided (s 7(6); s 19(3)).
The Minister holds extensive decision authority: to grant, refuse, vary, suspend or cancel licences; to approve transfers and other dealings affecting licences; to declare which facilities count as pipelines; to give directions as to use; to require information or documents; and to make corrections in the register (s 5; ss 10, 12, 21, 41, 43–47, 50, 53A). Many statutory powers are exercisable by written instrument and may be delegated (s 61).
Stated purposes claimed in the Act and how they are achieved
The Act frames its purpose as regulating construction, operation and maintenance of petroleum pipelines. It seeks to enable safe, orderly siting and operation while providing mechanisms for land access, compensation and public oversight (see the long title; s 10(2) public interest consideration).
Practical trade‑offs, incentives and costs (source‑grounded)
Compliance costs are front‑loaded and ongoing: detailed application materials, multiple copies and public notices (s 8), annual licence fees (s 29) plus late‑payment penalties (s 30), insurance/security requirements (ss 13; 37A), and obligations to mark, maintain and restore land (ss 38–39). These raise the fixed and operating costs of running a pipeline.
The Minister’s approval regime for transfers and many other dealings (ss 44; 47) creates administrative oversight over contractual arrangements. This oversight preserves regulatory control but constrains contract freedom and may affect how licence‑related interests are packaged, financed and secured (see also s 66E, which removes licences from the Federal PPSA regime).
Licensees seeking land access can require the Minister to take land or easements under the Land Administration Act (s 19). The licensee bears acquisition costs (s 19(1)), shifting direct acquisition expense to private operators while using public takings procedures.
Third parties can apply for a Ministerial direction to obtain pipeline conveyance when a licensee refuses to agree (s 21). The Minister may set the payable amounts (s 21(4)–(5)) but the licensee keeps priority to convey its own petroleum. This mechanism affects third‑party access and the pricing/availability of pipeline throughput.
Enforcement and criminal penalties (including imprisonment for serious interference with pipelines, s 65) create strong deterrents and allocate risk onto operators and other persons near pipelines. Inspectors have wide information and access powers (ss 62–63), which supports supervision but increases administrative compliance burdens.
Implementation risk and bureaucratic discretion
The Act places many discretionary decisions with the Minister: licence grants and conditions, approvals of transfers and dealings, registration corrections, directions about use, and exemptions (ss 10; 12; 21; 41; 44; 47; 53A; 22). Those discretionary points concentrate decision power in the executive and mean timeliness, consistency and administrative resourcing will materially affect outcomes.
Several provisions rely on external or secondary rules (prescribed standards, regulations, codes of practice, and other Acts such as the Land Administration Act) so effective implementation depends on coherent subordinate instruments and inter‑agency coordination (ss 34; 19; 67).
Effects on private enterprise and markets (focused lens)
Ownership: pipelines built under licence remain the owner’s property (s 57), so operators retain asset ownership rights.
Financing and security: licences are declared not to be personal property for the Commonwealth PPSA (s 66E). Combined with Ministerial approval of transfers and dealings (ss 44; 47), that affects how licence‑related interests can be used as collateral and how financiers structure transactions.
Market access and competition: the Minister can order third‑party conveyance and set payments (s 21). That provides a statutory route to pipeline access but also preserves licensee priority to carry its own output (s 21(5)).
Contract freedom: approvals and registration requirements for many dealings impose administrative controls on arrangements such as royalties, production payments or options (s 47).
Appeals and correction routes
Register errors or omissions can be corrected by the Minister with consultation (s 53A); aggrieved persons can apply to the State Administrative Tribunal for rectification (s 54). Other statutory review or corrective processes are provided in the Act.
Special notes and carve‑outs in the statute text
The Act excludes certain pipelines (s 4) and allows the Minister to declare classes of facilities to be or not be pipelines for the Act’s purposes (s 5). The compilation notes also record special treatment for the Dampier–Bunbury Natural Gas Pipeline privatisation (see other notes, Division 8 references).
Takeaway (mechanical summary):
The Act creates a licence‑based regulatory framework for petroleum pipelines in WA. It sets application, approval, land access, registration and inspection rules; imposes ongoing operational, environmental and safety duties; assigns most key decisions to the Minister; and establishes fees, securities, and penalties. The practical effects are (a) material administrative and compliance costs for operators, (b) strong executive control over transfers and use of pipeline rights, (c) statutory routes for third‑party access, and (d) a framework that links private cost‑bearing for land acquisition with public procedural powers (see ss 6; 8; 10; 12; 19; 21; 29; 37A; 44; 47).
The Minister may refuse an application under s.9 but only after giving 90 days' notice, allowing submissions, and considering those submissions. Grant of a licence under s.10 requires the Minister to be satisfied that the applicant has provided security for compensation and acquisition costs, that 28 days have passed since notifications, and after considering public interest, the applicant's financial ability, consistency with planning schemes under the Planning and Development Act 2005, and whether the pipeline would interfere unnecessarily with improvements, land, flora, fauna or scenic attractions.
Licences may be granted subject to conditions (s.12(1)), including a condition to complete construction and commence operation within a specified period. A fundamental condition is that construction cannot commence over any part of the licence area until all necessary land, leases, licences, authorities or registered easements have been acquired (s.12(3)), although the Minister may consent to construction pending registration in limited circumstances (s.12(4)).
The Act facilitates land acquisition. The Minister for Lands may grant easements over Crown land (s.16). Public authorities may grant easements (s.17). Licensees may negotiate purchases or easements (s.18). Where agreement cannot be reached after reasonable attempts, the Minister may compulsorily acquire land or easements under Part 9 of the Land Administration Act 1997 as if for a public work (s.19(1)-(2)). Easements are recorded on title (s.19(4)) and are extinguished on licence surrender, cancellation or expiry (s.20(3)-(4)).
Once granted, a licence remains in force indefinitely (s.14(1)), subject to termination if no construction or use for a continuous 5-year period (disregarding periods beyond the licensee's control) (s.15A). The Minister may vary a licence on application (s.15), and the licensee may surrender it with Ministerial consent after satisfying payment, compliance and removal obligations (s.23).
Part III imposes operational requirements. Construction must follow the authorised route with only Minister-approved lateral deviation (s.33). Pipelines must be built to prescribed standards and any additional standards in the licence, with licence standards prevailing in conflict (s.34). Pipelines must be operated continuously except with Ministerial consent or in ordinary operations, repair, maintenance or emergencies (s.35). The Minister may consent to commencement or resumption if satisfied the pipeline is fit (s.36). Operation must be in a proper and workmanlike manner (s.36A), without permitting waste or escape of substances (s.37). Insurance against liabilities, including clean-up of escapes, must be maintained as directed (s.37A). The route must be marked as approved, the pipeline maintained in good repair, and unused structures removed (s.38). On agricultural land, the surface must be restored promptly (s.39). Crossings of water must not impede reasonable use or cause pollution (s.40).
The Minister may give directions as to any matter that could be regulated (s.41(1)), which can apply to the licensee, employees, agents, contractors or any person in the State connected with the pipeline (s.41(2)). Non-compliance allows the Minister to perform the required acts and recover costs (s.42).
Part IV requires a register of licences (s.43). Transfers require Ministerial approval and registration (s.44). Devolution of rights by operation of law or company name changes are recorded (s.45). Dealings creating interests, overriding royalties, options or altering rights must be approved and registered to have effect (s.47). The Minister may require information about proposed dealings (s.50), inspect documents (s.51), and correct the register (s.53A). Aggrieved persons may seek rectification by the State Administrative Tribunal (s.54).
Part V contains miscellaneous provisions. Pipelines remain the licensee's property even if affixed to land or the licence is cancelled (s.57). Notices of grants, variations, surrenders and expirations are published (s.58). Judicial notice is taken of Ministerial signatures (s.59). Licensees must provide an address for service (s.60), and where there are multiple holders they must nominate one for service (s.60A). The Minister may delegate powers (s.61). Inspectors have entry, inspection, sampling and document powers (s.63). Protection from liability for good faith acts is provided (s.63A). Theft of petroleum from a pipeline is stealing (s.64). Intentional or reckless damage to or interference with a pipeline or operation carries 10 years imprisonment (s.65). Continuing offences attract daily penalties (s.66). Evidentiary aids and forfeiture orders are available (ss.66BB-66D). Licences are not personal property under the Personal Property Securities Act 2009 (Cth) (s.66E). Regulations may be made on construction, standards, environment plans, fees and safety audits (s.67).
The Act therefore creates an end-to-end regulatory system from pre-application surveys (s.7) through to decommissioning and removal of property (ss.27-28).
Who it affects
The primary subjects are "licensees" – persons who are the registered holders of licences granted under s.10 (s.4(1)). They bear the bulk of duties: applying in approved form with extensive technical and financial information (s.8), providing security (s.10(1), s.13), acquiring land or easements before construction (s.12(3)), operating continuously and in a workmanlike manner (ss.35, 36A), preventing escapes (s.37), maintaining insurance (s.37A), marking routes and maintaining property (s.38), restoring agricultural land (s.39), complying with directions (ss.21, 41, 42), paying annual licence fees per kilometre (s.29), and removing property on cancellation or expiry (s.27).
Owners and occupiers of land are directly affected. They must be notified of applications (s.8(3)), may make representations on public interest and interference with land use (s.10(2)), are entitled to compensation for compulsory acquisition or damage (ss.7(6), 19, 57(2)), and can seek restoration of agricultural land at the licensee's expense if not done promptly (s.39(2)). "Owner" is broadly defined in s.4(1) to include freehold holders, Crown contract purchasers, rent recipients, the Crown itself for Crown land, and public authorities for their land.
Local governments in districts where pipelines are proposed must be notified (s.8(3)(a)) and may examine maps (s.8(4)). Public authorities (Ministers, State instrumentalities or declared bodies under s.5) may grant easements (s.17) and are protected in their land ownership status.
The Minister holds extensive discretionary powers: authorising entry for surveys (s.7), granting or refusing licences (ss.9-10), varying conditions (ss.15, 22), directing conveyance of petroleum by third parties (s.21), granting easements over Crown land (s.16), compulsorily acquiring land (s.19), issuing directions (s.41), cancelling licences (s.24), requiring removal of property (s.27-28), and maintaining the register (s.43). The Minister for Lands exercises separate powers over Crown land (s.16).
Inspectors appointed under s.62 exercise entry, inspection, sampling and document production powers (s.63). Any person in the State connected with pipeline construction, operation or maintenance may be subject to Ministerial directions (s.41(2)(b)) and commit offences for interference (s.65).
Companies or bodies entering agreements with licensees for easements or conveyance are empowered to do so notwithstanding other laws (s.18(2)). Persons proposing dealings in licences or interests must seek approval (ss.44, 47) and provide true consideration information (s.48). Multiple registered holders must nominate a single person for service of documents (s.60A).
The State itself is affected as ultimate beneficiary of fees, penalties, forfeited goods and compensation securities, and as landowner.
Key duties and rights
Licensees' key duties include:
Complying with all licence conditions, including construction timelines (s.12(2)) and pre-construction land acquisition (s.12(3)).
Operating continuously except in defined circumstances (s.35(2)).
Maintaining proper and workmanlike operation (s.36A), preventing waste or escape (s.37), and maintaining insurance as directed (s.37A(1)).
Marking the route, keeping the pipeline in good repair, and removing unused structures (s.38).
Restoring agricultural land forthwith after construction (s.39(1)).
Constructing crossings of water without impeding use or causing pollution (s.40).
Complying with all Ministerial directions, including those under s.21 for third-party conveyance (with the licensee's own petroleum having priority – s.21(5)) and general directions under s.41.
Paying annual licence fees calculated by pipeline length (s.29) and any late penalties (s.30).
Removing property and making good damage on cancellation or expiry (s.27).
Rights of licensees include applying for variations (s.15), surrender (s.23), and transfer or creation of interests subject to approval (ss.44, 47). They may negotiate easements or purchase land (s.18), seek Ministerial consent to commence pending registration of easements (s.12(4)), and receive compensation from requesters if directed to change route or position under s.25.
Landowners have rights to compensation for injurious affection or damage from surveys (s.7(6)), compulsory acquisition (s.19), or pipeline maintenance (s.57(2)). They may object to applications or cancellations through published notices (ss.8(4), 24(1)(d)) and seek Tribunal review of register errors (s.54).
The Minister's rights and duties are largely discretionary but must follow procedural fairness: 90 days' notice before refusal (s.9), one month's notice before cancellation (s.24), publication of notices, and consideration of submissions. The Minister may declare facilities to be (or not to be) pipelines or declare public authorities (s.5), with retrospective effect possible for facilities (s.5(3)).
Inspectors have statutory powers of entry, inspection, sampling and document production at reasonable times on production of their certificate (s.63(1)). Persons must provide facilities and not obstruct (s.63(2)-(3)).
Evidentiary rights include presumptions in prosecutions (s.66BB) and certificates of register extracts (s.53(2)-(3)).
Penalties and enforcement
Penalties are graduated. Construction or operation without a licence carries a fine of $50,000 or 5 years imprisonment or both (s.6). Interfering with a pipeline or operation intentionally or recklessly attracts 10 years imprisonment (s.65). Wilful damage to survey pegs carries a $1,000 fine (s.7(5)). Late payment of fees incurs additional daily amounts at one-third of 1% (s.30).
Operational breaches attract $10,000 fines: failure to operate continuously (s.35(1)), improper operation (s.36A), permitting escape (s.37), failure to mark or maintain (s.38), water crossing offences (s.40), and failure to comply with directions (s.41(9)). Failure to give copies of directions to employees or display them carries $5,000 penalties (s.41(3)-(5)). Non-compliance with removal directions carries $10,000 (s.27(4)).
Continuing offences attract additional daily fines of $10,000 while the breach continues (s.66(3)). Offences by directors or those knowingly concerned are covered (s.66A). Crimes (imprisonable offences) have a summary conviction ceiling of 2 years or $10,000 or both (s.66B). Proceedings may be brought at any time (s.66BA).
Forfeiture of equipment or petroleum, or payment of its value, may be ordered on conviction for unlicensed construction/operation (s.66C). The Minister may perform uncompleted acts and recover costs as debts (ss.28, 42). Licence cancellation is available for breach of conditions, the Act, regulations or non-payment after notice and opportunity to make submissions (s.24). Cancellation does not affect liability for prior offences or unpaid amounts (s.26).
Evidentiary aids include averments that are taken as proved unless rebutted (s.66BB(1)), and certificates of codes or standards (s.66BB(3)).
How it interacts with other laws
The Act is heavily intertwined with land law. It applies the Land Administration Act 1997 extensively for compulsory acquisition (s.19), easements (s.20), and definitions of "Minister for Lands" and "owner" (s.4(1)). Section 20 applies s.195 of that Act to pipeline easements as if for the Crown. The Transfer of Land Act 1893 is engaged for recording easements and notifications of extinguishment or transfer (s.20(4)-(6)).
Planning law is considered in licence grants: the Minister must have regard to whether construction would contravene a planning scheme under the Planning and Development Act 2005 (s.10(2)(c)).
Local government laws are partially displaced: local laws on dangerous things and thoroughfares do not apply to licensed pipelines (s.32).
Energy regulation interacts through exclusions. Pipelines that are part of a distribution system under the Energy Coordination Act 1994 are excluded (s.4(1)(da)). Code pipelines with approved access arrangements under the Gas Pipelines Access (Western Australia) Law are excluded from third-party conveyance directions (s.21(7)) and certain exemption provisions (s.22(1a)).
Corporations and securities law appear in s.47 dealing approvals (requiring lodgement of charge documents under the Corporations Act 2001 (Cth)) and the declaration that licences are not personal property under the Personal Property Securities Act 2009 (Cth) (s.66E).
The Act preserves common law rights to compensation (s.57(2)) and provides that approval of transfers or dealings does not give them any validity they would not otherwise have (s.49).
Regulations may adopt codes, standards or regulations from the Petroleum and Geothermal Energy Resources Act 1967, the Petroleum (Submerged Lands) Act 1982 or Commonwealth legislation (s.67(1c)).
Protection from tort liability for good faith acts (s.63A) interacts with general Crown liability principles.
Recent changes and why
The compilation reflects amendments that modernised the regime. The Petroleum and Energy Legislation Amendment Act 2010 made licences indefinite (s.14(1)), applying also to pre-existing licences (s.14(2)-(4)), replacing earlier renewal provisions that were deleted. It introduced s.15A allowing termination after 5 years of inactivity (disregarding force majeure periods), to prevent sterilisation of routes.
The Petroleum Legislation Amendment and Repeal Act 2005 added environment plan requirements to regulations (s.67(1)(ea)-(eb)), insurance obligations (s.37A), updated penalties, evidentiary provisions (s.66BB), and time limits for prosecutions (s.66BA – later amended to any time). It also inserted offence provisions for interference (s.65) and crimes classification (s.66B).
The Work Health and Safety Act 2020 amendments (effective 2022) repealed Part IVA and adjusted inspector and local law provisions (ss.32, 63, 66BB).
The Approvals and Related Reforms (No. 3) (Crown Land) Act 2010 updated references to the Land Administration Act 1997 and Ministerial delegations (ss.16, 61).
These changes reflect a policy shift toward indefinite licensing with inactivity controls, stronger environmental and safety oversight, alignment with national energy access regimes, and updated enforcement to reflect contemporary risk management in petroleum transport. Section 5 declarations were given legislative character (s.5(2)) to fit within the Interpretation Act 1984.
Court challenges and controversies
The Act itself contains limited express controversy mechanisms. Section 54 allows applications to the State Administrative Tribunal for rectification of the register where entries are omitted, made without cause, wrongly exist or contain errors. The Tribunal may decide necessary questions and order rectification, with the Minister entitled to appear.
Compensation disputes are resolved by courts of competent jurisdiction where agreement fails (ss.7(6), 19, 57(2)). Actions for recovery of costs of Ministerial intervention lie in competent courts (ss.28(4), 42(2)).
Forfeiture orders under s.66C are made by the Supreme Court on conviction for s.6 offences, with options for monetary equivalents if goods cannot be forfeited. The Court may hear interested persons before ordering.
No specific court challenges are detailed in the text of the Act. However, the procedural fairness requirements before refusal (s.9), cancellation (s.24) or variation implicitly contemplate judicial review for failure to consider submissions or observe notice periods. The broad Ministerial discretions (e.g. "as the Minister thinks fit" in ss.12(1), 15(5), 22) are tempered by mandatory consideration of public interest and specified criteria (s.10(2)).
Evidentiary provisions (s.66BB) and protection from liability (s.63A) are designed to limit certain classes of dispute. The exclusion of certain pipelines from the definition (s.4(1)) has been refined by Ministerial declarations under s.5, which have legislative effect and may be challenged on ultra vires grounds.
The register's evidentiary status (s.53) means inaccuracies could ground Tribunal or court proceedings under s.54 or common law.
Gotchas
Most practitioners overlook that a licence, once granted, remains in force indefinitely (s.14(1)) but can be terminated by notice if there has been no construction or use for a continuous 5-year period (s.15A). The 5-year clock disregards only periods beyond the licensee's control; ordinary commercial decisions to defer will count, creating a hidden "use it or lose it" trap.
The land acquisition precondition in s.12(3) is stricter than many realise: construction cannot lawfully begin over any part of the licence area until all necessary lands, leases, authorities and registered easements are acquired for that part. Ministerial consent to proceed pending registration is discretionary, conditional, and must be obtained in writing beforehand. Failure renders construction unlawful under s.6.
Section 21 third-party access directions are not available for Code pipelines with approved access arrangements, but the Act does not spell out how to confirm "Code pipeline" status quickly; practitioners must cross-check the National Gas Access (WA) Act 2009 definitions.
Insurance under s.37A is "as directed by the Minister from time to time" and can include clean-up costs. A pre-1994 licence with current insurance satisfying the Minister discharges earlier securities (s.37A(3)), but only for future liabilities; past liabilities survive.
Registering dealings under s.47 is mandatory for them to have effect; an unapproved overriding royalty or production payment is of no force. The 3-month lodgement window (s.47(5)) is strict unless special circumstances allow extension, and false consideration statements attract $10,000 penalties (s.48).
Multiple holders must maintain a current nomination for service (s.60A); failure means documents served on the nominated person are taken served on all, but revocation or change of holder requires immediate fresh nomination or service may be ineffective.
Compulsory acquisition under s.19 is available only after "reasonable attempts" to acquire by agreement; what is reasonable is not defined and may be litigated. Easements vest in the licensee but are automatically extinguished on licence surrender, cancellation or expiry with no compensation (s.20(4)).
The broad direction power in s.41 can apply to any person in the State connected with the pipeline, not just the licensee. Exhibiting copies at prominent places is required, with $5,000 penalties for licensee failures. A defence exists if the person proves they neither knew nor could reasonably have known of the direction (s.41(10)), but the onus is on the prosecutor to prove knowledge once the defence is raised.
Annual fees are per kilometre or part thereof on the first day of each year (s.29), so even minor route variations can alter the payable amount if they change measured length.
How to comply
Compliance begins with thorough pre-application work. Conduct surveys only after Ministerial authority under s.7, giving notice to owners/occupiers and repairing damage. Prepare a s.8 application in quadruplicate with all required design, financial, technical and land acquisition particulars, plus evidence of notifications to local governments and landowners.
Engage early with the Minister on proposed route to address public interest, planning scheme consistency and environmental concerns under s.10(2). Provide security in approved form for compensation and costs (s.13). Once granted, do not commence construction over any land until all easements are acquired and registered (or Ministerial consent obtained under s.12(4)).
Before operations, obtain s.36 consent after demonstrating the pipeline is fit. Implement a compliance system covering continuous operation (with records of any downtime for maintenance or emergencies), route marking, integrity management to prevent escapes (s.37), insurance renewals as directed (s.37A), and annual reporting if required by regulations or conditions.
Maintain the pipeline to prescribed and licence standards (s.34), restore agricultural land immediately (s.39), and ensure water crossings comply (s.40). Keep detailed records for inspector access (s.63) and register all transfers, dealings, devolutions and interests within time limits (ss.44, 47) with true consideration disclosed (s.48).
Monitor for 5-year inactivity to avoid s.15A termination notice. Pay fees on time to avoid penalties and cancellation grounds (ss.29-31, 24(1)(c)). If directed to change route (s.25) or convey third-party petroleum (s.21), comply while preserving priority for own product and seeking Supreme Court compensation where appropriate.
For decommissioning or surrender, obtain consent under s.23 after clearing all fees, complying with conditions, publishing notice inviting landowner submissions, and removing property to the Minister's satisfaction (or making satisfactory arrangements). On cancellation or expiry, comply promptly with s.27 removal directions to avoid Ministerial intervention and debt recovery under s.28.
Appoint a single nominated holder for service if multiple registered holders exist (s.60A), keep an address for service current (s.60), and ensure all employees, agents and contractors are aware of applicable directions (s.41(3)).
Regular legal and technical audits against the register (s.43), licence conditions, regulations (including environment plans under s.67), and cross-referenced statutes will minimise risk of cancellation, daily penalties or criminal liability. Where doubt exists on Ministerial discretions or register accuracy, use the s.54 Tribunal pathway or seek early clarification under s.50 information powers.
Part Part II
Licences and acquisition of land and rights over land