11Construction and operation of pipelines

11 Construction and operation of pipelines

11 Construction and operation of pipelines

(1) A person shall not—

(a) commence, or continue, the construction of a pipeline, or

(b) alter or reconstruct a pipeline,

unless the person is, or is acting on behalf of, the registered holder of a licence and the activity is in pursuance of the licence.

(2) A person shall not operate a pipeline—

(a) unless the person is, or is acting on behalf of, the registered holder of a licence and the operation is in pursuance of the licence, and

(b) unless he or she has obtained the consent of the Minister under section 25 to the commencement or resumption, as the case may be, of the operations and commences or resumes the operations and thereafter operates the pipeline in accordance with the conditions, if any, to which the instrument of consent is for the time being subject.

(2A) Without limiting subsection (2), a person must not operate a pipeline whose construction is commenced or completed under, or under an authority granted under, an Act of the Commonwealth unless the person is, or is acting on behalf of, the registered holder of a licence under this Act and the operation is in pursuance of that licence.

(3) It is not an offence against this section if a person carries out an act—

(a) in an emergency and the following apply—

(i) it is an emergency in which there is a likelihood of loss or injury,

(ii) the act is carried out to avoid the loss or injury,

(iii) the person notifies the Secretary of the act as soon as practicable, or

(b) for the purpose of maintaining a pipeline in good order or repair and notifies the Secretary of the act as soon as practicable, or

(c) in compliance with a direction under this Act or the regulations.

Maximum penalty—

(a) for a corporation—

(i) 10,000 penalty units, and

(ii) for a continuing offence—a further 1,000 penalty units for each day the offence continues, or