Section 19 - Pipelines Act 1967 - Grant of application for variation

19Grant of application for variation

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19 Grant of application for variation

(1) If an application is made for a variation of a licence area by including additional lands and the Minister is satisfied that—

(a) the application was made in compliance with section 18 (or if there was a non-compliance, it was in respect of a requirement of section 18 (3), (4), (5) or (9) and was not material), and

(b) the lands, or the easements, specified in the application—

(i) are vested in the applicant, or

(ii) are available, in accordance with section 22, for compulsory acquisition, and

(c) the applicant has made provision, or given security in addition to any other security required by this Act, for the payment—

(i) of compensation and any interest payable in respect of any lands, or easements, that are available for compulsory acquisition, and

(ii) of all charges and expenses necessary for or incidental to the compulsory acquisition of those lands or easements,

the Minister may—

(d) where the application is for a variation (not being a minor variation, as defined in section 18 (1)) of the licence area, or

(e) where the application is for a minor variation, after taking into account any written submissions made under section 18 (10) (c),

grant the application in relation to the lands, including those the subject of easements, specified in the application, or such of those lands as he or she thinks fit.

(2) The Minister may refuse an application made under section 18 (4), but only if, before refusing the application, the Minister has—

(a) given the applicant at least one month’s written notice of the intention to refuse the application, and

(b) served a copy of the notice on such other persons, if any, as he or she thinks fit, and

(c) in the notice—

(i) given particulars of the reasons for the intended refusal, and

(ii) specified a period within which the applicant or a person on whom a copy of the notice is served may make written submissions to the Minister with respect to the application, and