4Terms used

##### 4. Terms used (1) In this Act, unless the contrary intention appears — approved means approved by the Minister; inspector means a person appointed an inspector under this Act; licence means a current licence granted under this Act authorising the construction and operation of a pipeline; licence area in relation to a licence means the lands specified in the licence as being that area; licensee means a person who is the registered holder of a licence; Minister for Lands means the Minister as defined in the *Land Administration Act 1997* section 3(1); owner in relation to — (a) land other than Crown land or land owned by or vested in the Crown or a public authority, includes every person who jointly or severally, whether at law or in equity — (i) is entitled to the land for an estate of freehold in possession; (ii) is a person to whom the Crown has lawfully contracted to transfer the land in fee simple under the *Land Administration Act 1997*, or any other Act; (iii) is entitled to receive, or is in receipt of, or if the land were let would be entitled to receive the rents and profits thereof, whether as beneficial owner, trustee, mortgagee in possession, or otherwise; (b) Crown land and land owned by or vested in the Crown, means the Crown; (c) land owned by or vested in a public authority, means that public authority, and owned and like expressions have a corresponding meaning; partly cancelled in relation to a licence means cancelled as to part of the pipeline the subject of the licence; petroleum means — (a) any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or (b) any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or (c) any naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid state, and any one or more of the following, that is to say, hydrogen sulphide, nitrogen, helium and carbon dioxide, and includes any petroleum as defined by paragraph (a), (b) or (c) of this definition that has been returned to a natural reservoir; pipeline means a pipe or system of pipes used or intended to be used for the conveyance of petroleum; and includes all structures for protecting or supporting a pipeline and all loading terminals, works and buildings and all fittings, pumps, tanks, storage tanks, appurtenances and appliances and any facility, or any facility of a class, which is declared for the time being under section 5 to be a pipeline facility for the purposes of this Act used in connection with a pipeline, but does not include — (a) a pipeline as defined in the *Petroleum (Submerged Lands) Act 1982*; (b) a pipeline that is used — (i) for the conveyance of petroleum from the well head to a tank or separator or for the collection of petroleum within the area in which it is produced or recovered; (ii) for returning petroleum to a natural reservoir; (iii) for the conveyance of petroleum for use for the purpose of petroleum exploration operations or operations for the recovery of petroleum; (iv) for the conveyance of petroleum that is to be flared or vented; (c) a pipeline constructed or to be constructed under the authority of any Act, other than this Act; [(d) deleted] (da) a pipeline that is part of a distribution system as defined in the *Energy Coordination Act 1994*; (e) a pipeline constructed or to be constructed on land used for residential, business, agricultural, commercial or industrial purposes, designed for use solely for the residential, business, agricultural, commercial or industrial purposes carried on on that land and situated wholly within the boundaries of that land; (f) a pipeline or a pipeline of a class declared for the time being under section 5 not to be a pipeline for the purposes of this Act; pipeline operation means an operation — (a) in connection with the construction, operation, inspection (by a person other than an inspector), maintenance or repair of a pipeline; and (b) carried out on land that is specified in any licence as licence area; public authority means — (a) a Minister of the Crown acting in his official capacity under an Act; or (b) a State instrumentality; or (c) any body — (i) which is established under an Act; and (ii) which administers or carries out any social service or public utility for the benefit of the State; and (iii) which is declared for the time being under section 5 to be a public authority for the purposes of this Act; register means the register referred to in section 43; registered holder in relation to a licence means the person whose name is for the time being shown in the register as being the holder of the licence; relinquished area means in relation to a licence that — (a) has expired or been wholly cancelled — the licence area; and (b) has been partly cancelled — that part of the licence area on which is situated the part of the pipeline as to which the licence was partly cancelled; wholly cancelled in relation to a licence means cancelled as to the whole of the pipeline the subject of the licence. (2) In this Act, a reference — (a) to a pipeline on any land, includes a reference to a pipeline in, under, through, across or above the surface of the land; (b) to a pipeline, includes a reference to part of a pipeline; (c) to a licence, includes a reference to a licence as varied under this Act. [Section 4 amended: No. 12 of 1990 s. 121; No. 28 of 1994 s. 64; No. 73 of 1994 s. 4; No. 31 of 1997 s. 77(1) and 141; No. 20 of 1999 s. 10(5); No. 13 of 2005 s. 19; No. 8 of 2010 s. 22; No. 42 of 2010 s. 173; No. 36 of 2020 s. 325.]