74Ceasing to operate pipeline

74 Ceasing to operate pipeline (1) Except with the consent in writing of the Minister and subject to compliance with such conditions, if any, as are specified in the notice of consent, a pipeline licensee shall not cease to operate the (2) It is not an offence against subsection (1) if the failure of the pipeline licensee to operate the pipeline: (a) was in the ordinary course of operating the pipeline; (b) was for the purpose of repairing or maintaining the pipeline; or (c) was in an emergency in which there was a likelihood of loss or injury. 74AA Termination of pipeline licence if no operations for 5 years (1) If a pipeline licensee: (a) has not carried out any construction work under the pipeline licensee's pipeline licence for a continuous period of at least 5 years; and (b) has not used the pipeline or a part of the pipeline the subject of the pipeline licensee's pipeline licence for a continuous period of at least 5 years, the Minister may, by written notice served on the pipeline licensee, inform the pipeline licensee that the Minister proposes to terminate the pipeline licence, or to terminate the pipeline licence in respect of a part of the pipeline, (as the case requires) after the end of one month after the notice is served. (2) At any time after the end of one month after the notice referred to in subsection (1) is served on the pipeline licensee, the Minister may, by written notice served on the pipeline licensee, terminate the pipeline licence or terminate the pipeline licence in respect of a part of the pipeline (as the case requires). (3) In working out, for the purposes of subsection (1), the duration of the period in which a pipeline licensee did not carry out any

Petroleum (Submerged Lands) Act 1981 75 construction work under the pipeline licence or did not use the pipeline or a part of the pipeline, any period in which construction work was not carried out, or the pipeline or part of the pipeline was not used, because of circumstances beyond the pipeline licensee's control is to be disregarded.