67Regulations

##### 67. Regulations (1) The Governor may make regulations for or with respect to — (a) the construction, maintenance and operation of pipelines; (b) the inspection of pipelines and the cost of any such inspection; (c) the keeping of registers under this Act; (d) the escape of substances from a pipeline; (ea) the preparation, submission and approval of environment plans; (eb) the prohibition of the doing of an act or thing otherwise than in accordance with an approved environment plan; (e) providing for the marking of the location of pipelines; (f) the prevention of damage to any land used for the construction or operation of pipelines; (fa) fees in relation to pipeline safety audits or other services provided by the Minister; (fb) any transitional matter arising out of the amendments made to this Act by the *Petroleum Legislation Amendment and Repeal Act 2005*; (g) all matters that by this Act are required or permitted to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act and for the due administration thereof. (1a) The regulations may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a code of practice or standard contained in an instrument (including an instrument issued or made outside Australia), as in force or existing at the time when the regulations take effect or as in force or existing from time to time, being a code of practice or standard that is relevant to that matter. (1b) The regulations may prohibit the doing of an act or thing either unconditionally or subject to conditions, including conditions requiring the grant, as prescribed by the regulations, of the consent or approval of a person specified in the regulations. (1c) The regulations under this section may adopt or apply, with or without modification, any regulation made under the *Petroleum and Geothermal Energy Resources Act 1967*, the *Petroleum (Submerged Lands) Act 1982* or the Commonwealth Act as defined in that Act, that is in force or existing at the time when the regulations under this section take effect or as in force or existing from time to time. (2) The regulations may provide, in respect of an offence against the regulations, for the imposition of — (a) a fine not exceeding $10 000; or (b) a fine not exceeding that amount for each day on which the offence occurs. [Section 67 amended: No. 12 of 1990 s. 158; No. 28 of 1994 s. 76; No. 13 of 2005 s. 30; No. 35 of 2007 s. 102 7; No. 42 of 2010 s. 180; No. 36 of 2020 s. 332.] [Schedule 1 (Div. 1‑6) deleted: No. 36 of 2020 s. 333.] ![dline]() Notes This is a compilation of the *Petroleum Pipelines Act 1969* and includes amendments made by other written laws 8, 9, 10, 16. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table. Compilation table | **Short title** | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | | *Petroleum Pipelines Act 1969* | 112 of 1969 | 28 Nov 1969 | 12 Dec 1969 (see s. 2 and *Gazette* 12 Dec 1969 p. 4002) | | *Petroleum Pipelines Act Amendment Act 1970* | 42 of 1970 | 23 Sep 1970 | 23 Sep 1970 | | *Metric Conversion Act 1972* | 94 of 1972 (as amended by No. 42 of 1975 s. 3) | 4 Dec 1972 | Relevant amendments (see Fourth Sch.11) took effect on 28 Nov 1975 (see s. 4(2) and *Gazette* 28 Nov 1975 p. 4352) | | *Petroleum Pipelines Amendment Act 1983* | 10 of 1983 | 7 Oct 1983 | 11 Nov 1983 (see s. 2 and *Gazette* 11 Nov 1983 p. 4503) | | *Acts Amendment (Petroleum) Act 1990* Pt. III 2, 4, 5, 12 | 12 of 1990 | 31 Jul 1990 | s. 132: 12 Dec 1969 (see s. 2(2)); s. 120‑131 and 133‑158: 1 Oct 1990 (see s. 2(1) and *Gazette* 28 Sep 1990 p. 5099) | | **Reprint of the *Petroleum Pipelines Act 1969* as at 19 Feb 1992** (includes amendments listed above) | | | | | *Land (Titles and Traditional Usage) Act 1993* s. 45 | 21 of 1993 | 2 Dec 1993 | 2 Dec 1993 (see s. 2) | | *Acts Amendment (Petroleum) Act 1994* Pt. 4 | 28 of 1994 | 29 Jun 1994 | 22 Jul 1994 (see s. 2 and *Gazette* 22 Jul 1994 p. 3728) | | *Statutes (Repeals and Minor Amendments) Act 1994* s. 4 | 73 of 1994 | 9 Dec 1994 | 9 Dec 1994 (see s. 2) | | *Acts Amendment and Repeal (Native Title) Act 1995* Pt. 9 | 52 of 1995 | 24 Nov 1995 | 9 Dec 1995 (see s. 2 and *Gazette* 8 Dec 1995 p. 5935) | | *Local Government (Consequential Amendments) Act 1996* s. 4 | 14 of 1996 | 28 Jun 1996 | 1 Jul 1996 (see s. 2) | | *Acts Amendment (Land Administration) Act 1997* Pt. 50 and s. 141 and 142 | 31 of 1997 | 3 Oct 1997 | 30 Mar 1998 (see s. 2 and *Gazette* 27 Mar 1998 p. 1765) | | *Gas Pipelines Access (Western Australia) Act 1998* Sch. 3 Div. 9 | 65 of 1998 | 15 Jan 1999 | 9 Feb 1999 (see s. 2 and *Gazette* 8 Feb 1999 p. 441) | | *Energy Coordination Amendment Act 1999* s. 10(5) | 20 of 1999 | 24 Jun 1999 | 16 Oct 1999 (see s. 2 and *Gazette* 15 Oct 1999 p. 4865) | | **Reprint of the *Petroleum Pipelines Act 1969* as at 12 May 2000** (includes amendments listed above) | | | | | *Corporations (Consequential Amendments) Act (No. 2) 2003* Pt. 16 | 20 of 2003 | 23 Apr 2003 | 15 Jul 2001 (see s. 2(1) and Cwlth *Gazette* 13 Jul 2001 No. S285) | | *Criminal Code Amendment Act 2004* s. 58 | 4 of 2004 | 23 Apr 2004 | 21 May 2004 (see s. 2) | | *Dangerous Goods Safety Act 2004* s. 70 | 7 of 2004 | 10 Jun 2004 | 1 Mar 2008 (see s. 2 and *Gazette* 29 Feb 2008 p. 669) | | *State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004* Pt. 2 Div. 99 13 | 55 of 2004 | 24 Nov 2004 | 1 Jan 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7130) | | *Petroleum Legislation Amendment and Repeal Act 2005* Pt. 3 (other than s. 29(2)) 15 | 13 of 2005 (as amended by No. 17 of 2014 s. 31) | 1 Sep 2005 | 15 May 2010 (see s. 2 and *Gazette* 14 May 2010 p. 2015) | | *Planning and Development (Consequential and Transitional Provisions) Act 2005* s. 15 | 38 of 2005 | 12 Dec 2005 | 9 Apr 2006 (see s. 2(2) and *Gazette* 21 Mar 2006 p. 1078) | | **Reprint 3: The *Petroleum Pipelines Act 1969* as at 7 Jul 2006** (includes amendments listed above, except those in the *Dangerous Goods Safety Act 2004* and the *Petroleum Legislation Amendment and Repeal Act 2005*) | | | | | *Petroleum Amendment Act 2007* s. 102 | 35 of 2007 | 21 Dec 2007 | 15 May 2010 7 | | *National Gas Access (WA) Act 2009* s. 72 | 16 of 2009 | 1 Sep 2009 | 1 Jan 2010 (see s. 2(b) and *Gazette* 31 Dec 2009 p. 5327 | | *Approvals and Related Reforms (No. 3) (Crown Land) Act 2010* Pt. 7 | 8 of 2010 | 3 Jun 2010 | 18 Sep 2010 (see s. 2(b) and *Gazette* 17 Sep 2010 p. 4757) | | **Reprint 4: The *Petroleum Pipelines Act 1969* as at 1 Oct 2010** (includes amendments listed above) | | | | | *Petroleum and Energy Legislation Amendment Act 2010* Pt. 4 | 42 of 2010 | 28 Oct 2010 | 25 May 2011 (see s. 2(b) and *Gazette* 24 May 2011 p. 1892) | | *Personal Property Securities (Consequential Repeals and Amendments) Act 2011* Pt. 9 Div. 4 | 42 of 2011 | 4 Oct 2011 | 30 Jan 2012 (see s. 2(c) and Cwlth Legislative Instrument No. F2011L02397 cl. 5 registered 21 Nov 2011) | | *Statutes (Repeals and Minor Amendments) Act 2011* s. 15 and 16 | 47 of 2011 | 25 Oct 2011 | 26 Oct 2011 (see s. 2(b)) | | *Statutes (Repeals and Minor Amendments) Act 2014* s. 9 | 17 of 2014 | 2 Jul 2014 | 6 Sep 2014 (see s. 2(b) and *Gazette* 5 Sep 2014 p. 3213) | | *Work Health and Safety Act 2020* Pt. 15 Div. 3 Subdiv. 3 | 36 of 2020 | 10 Nov 2020 | 31 Mar 2022 (see s. 2(1)(c) and SL 2022/18 cl. 2) | Uncommenced provisions table To view the text of the uncommenced provisions see *Acts as passed* on the WA Legislation website. | **Short title** | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | | *Native Title (State Provisions) Act 1999* s. 7.3 | 60 of 1999 | 10 Jan 2000 | Operative on earliest of commencement of Pt. 2 (except s. 2.2), Pt. 3 (except s. 3.1) and Pt. 4 | | *Petroleum Legislation Amendment Act 2024* Pt. 3 | 17 of 2024 | 14 May 2024 | To be proclaimed (see s. 2(b)) | Other notes 1 Footnote no longer required. 2 The *Acts Amendment (Petroleum) Act 1990* s. 122(2) reads as follows: (2) A declaration made under — (a) section 5(1)(a) of the principal Act before its repeal and substitution by this section and in force immediately before the commencement of this section shall on that commencement be deemed to have been made under section 5(1)(a)(iii); or (b) section 5(1)(b) of the principal Act before its repeal and substitution by this section and in force immediately before the commencement of this section shall on that commencement be deemed to have been made under section 5(1)(a)(ii), of the principal Act as substituted by this section. 3 The Gas Pipelines Access (Western Australia) Law) ceased to apply when the *National Act Access (WA) Act 2009* commenced on 1 Jan 2010. 4 The *Acts Amendment (Petroleum) Act 1990* s. 139(2), (3) and (4) reads as follows: (2) Section 44 of the principal Act as amended by this Act applies in relation to applications for approval of transfers of licences lodged after the commencement of this section. (3) Notwithstanding the repeal of section 44 of the principal Act effected by subsection (1), that section continues to apply in relation to applications for approval of transfers of licences lodged before the commencement of this section. (4) A transfer approved and registered under section 44 of the principal Act shall be deemed to have been approved and registered under section 44 of the principal Act as amended by this Act. 5 The *Acts Amendment (Petroleum) Act 1990* s. 141(2)‑(7) reads as follows: (2) Subject to this section, sections 47 and 47A of the principal Act as amended by this Act apply in relation to dealings evidenced by instruments executed after the commencement of this section. (3) A party to an instrument to which section 47 of the principal Act applied, being an instrument that had not been approved under that section of that Act, may, if the instrument evidences a dealing — (a) to which section 47 of the principal Act as amended by this Act would, if the instrument had been executed after the commencement of this section, apply; and (b) that relates to a licence that was in existence at the time of execution of the instrument, make an application in writing, within 12 months after the commencement of this section, to the Minister for approval of the dealing. (4) Where — (a) before the commencement of this section, 2 or more persons entered into a dealing relating to a licence that was not in existence at the time of execution of the instrument evidencing the dealing; (b) that dealing would, if the instrument evidencing the dealing had been executed after the commencement of this section, be a dealing referred to in subsection 47A(1) of the principal Act as amended by this Act; and (c) that licence has come, or comes, into existence, a party to the dealing may make an application in writing within — (d) in a case where that licence came into existence before the commencement of this section, 12 months after that commencement; or (e) in any other case, 3 months after that licence comes into existence, to the Minister for approval of the dealing. (5) Section 47 of the principal Act as amended by this Act (other than subsections (5) and (6) of that section) applies to a dealing in respect of which an application is made under subsection (3) or (4) of this section. (6) If, when the first regulations made for the purposes of section 47(4)(b) of the principal Act, as amended by this Act, take effect, an application for approval of a dealing has been made but the Minister has neither approved nor refused to approve the dealing — (a) the Minister shall give to the applicant written notice that the applicant is entitled to lodge an instrument for the purpose of section 47(4)(b) in relation to the application; (b) the applicant may lodge an instrument for the purpose of section 47(4)(b); (c) the application shall not be dealt with by the Minister until after the end of 30 days after the day on which notice is given for the purpose of paragraph (a); and (d) where the applicant lodges an instrument under paragraph (b), the applicant shall lodge with the instrument 2 copies of the instrument. (7) An instrument lodged under subsection (6) shall be taken, for the purposes of section 47(13) of the principal Act, as amended by this Act, to have accompanied the application when the application was lodged. 6 As at the date this compilation was prepared, these offices (of the former Department of Mines) no longer exist. 7 The *Petroleum Amendment Act 2007* s. 102 commenced on 19 Jan 2008 (see s. 2(2) and *Gazette* 18 Jan 2008 p. 147). It purported to amend the *Petroleum Pipelines Act 1969* s. 67(1c). However, on 19 Jan 2008 s. 67(1c) had not been inserted in the *Petroleum Pipelines Act 1969* by the *Petroleum Legislation Amendment and Repeal Act 2005* s. 30(2) because s. 30(2) had not commenced. Section 30(2) commenced on 15 May 2010 (see s. 2(b) and *Gazette* 14 May 2010 p. 2015) and the amendment to s. 67(1c) by s. 102 has been taken to have occurred on 15 May 2010. 8 The *Petroleum Pipelines Act 1969* is affected by the *Dampier to Bunbury Pipeline Act 1997* Sch. 4 Div. 8 which reads as follows: Division 8 — *Petroleum Pipelines Act 1969* 38. Act applies to DBNGP (1) Any pipeline in the privatised DBNGP system is a pipeline for the purposes of the principal Act despite the exceptions to the definition of ***pipeline*** in that Act. (2) At the pipeline transfer time — (a) the DBNGP owner, as defined in section 46 of this Act, becomes, and is to be registered as, the holder of a licence granted under the principal Act the term, conditions, and other details of which are as determined by the Minister responsible for the administration of the principal Act; and (b) consent to the operation of the pipelines in the privatised DBNGP system is to be regarded as having been given under section 36 of the principal Act. (3) Subsection (2)(b) does not remove the requirement for consent under section 36 of the principal Act to be obtained in any other circumstance in which the principal Act requires it. 39. Section 7 (power of Minister to authorise entry) The power given by section 7(1) of the principal Act to the Minister referred to in that provision is not to be exercised in respect of land in the DBNGP corridor, as defined in section 27 of this Act, until the DBNGP Land Access Minister, as defined in that section, has been consulted. 40. Section 8 (application for licence) Obtaining rights under section 34 of this Act in respect of land or being approved under subsection (3) of that section as the nominee of the holder of those rights is to be regarded, for the purposes of section 8(1)(f) of the principal Act, as acquiring the land. 41. Section 12 (conditions of licence) For the purposes of section 12(3) of the principal Act — (a) rights conferred under section 34 of this Act in respect of land are capable of being a sufficient authority over the land; and (b) becoming the holder of those rights or the holder’s nominee approved under section 34(3) of this Act is a sufficient acquisition of those rights. 42. Section 21 (access provisions) Section 21 of the principal Act does not apply to the privatised DBNGP system. 43. Section 27 (removal of property) (1) For the purpose of enabling a direction to be given in an instrument under section 27 of the principal Act to a licence holder, property of the licence holder or a nominee of the licence holder approved under section 34(3) of this Act that — (a) was assigned under Part 3 of this Act to the property holder or a person through whom the property holder took the property; and (b) is in the DBNGP corridor as defined in section 27 of this Act, may be specified in the instrument as if it had been brought there by a person engaged or concerned in the operations authorised by the licence. (2) In this clause — licence holder means a person who is or was the holder of a licence under the principal Act; property holder means the licence holder or a nominee of the licence holder approved under section 34(3) of this Act. 44. Section 34 (pipeline standards, specifications, and conditions) (1) Any pipeline that was part of the corporation’s DBNGP system is to be taken, for the purposes of the principal Act, to have been constructed in accordance with any standards, specifications, and conditions prescribed under that Act. (2) A licence under the principal Act cannot impose any standards, specifications, or conditions in respect of a pipeline described in subclause (1) except to the extent that they relate to the operation or maintenance of the pipeline. 9 The amendment by the *Statutes (Repeals and Minor Amendments) Act 2000* s. 30 is not included because of an error in the reference to the provision to be amended. 10 The amendment in the *Petroleum Safety Act 1999* s. 92 that was to amend this Act was deleted by the *Petroleum Legislation Amendment and Repeal Act 2005* s. 51 before the amendment came into operation. 11 The Fourth Schedule was inserted by the *Metric Conversion Act Amendment Act 1975*. 12 The *Acts Amendment (Petroleum) Act 1990* s. 148(2) is a savings provision of no further effect. 13 The *State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004* Pt. 5, the *State Administrative Tribunal Act 2004* s. 167 and 169, and the *State Administrative Tribunal Regulations 2004* r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act. 14 Footnote no longer required. 15 The *Petroleum Legislation Amendment and Repeal Act 2005* s. 29(2) had not come into operation when it was deleted by the *Statutes (Repeals and Minor Amendments) Act 2014* s. 31. 16 The amendments in the *Petroleum and Energy Legislation Amendment Act 2010* s. 182(11) and (12) are not included because the section they sought to amend had been deleted before the amendments purported to come into operation. Defined terms *[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]* **Defined term Provision(s)** amending Act 14(4) approved 4(1) Australian/New Zealand Standard 66BB(4) Australian Standard 66BB(4) CEO 66BB(4) charge 47(15) debenture 47(15) inspector 4(1) land 19(3) licence 4(1) licence area 4(1) licensee 4(1) Minister for Lands 4(1) owned 4(1) owner 4(1) partly cancelled 4(1) petroleum 4(1) pipeline 4(1) pipeline operation 4(1) Principal Registrar 59(2) public authority 4(1) register 4(1) registered holder 4(1) relinquished area 4(1) Under Secretary 59(2) wholly cancelled 4(1) This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2024. By Authority: GEOFF O. LAWN, Government Printer