5Application of Act

#### 5 Application of Act 5 Application of Act > > (1) Subject to section 5A, nothing in this Act requires a person to hold a licence in respect of— > > > > > (a) a pipeline constructed or to be constructed under, or under an approval or other authority granted under, any Act, other than this Act or the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), > > > > > (b) a pipeline constructed or to be constructed by a public authority, > > > > > (c) a pipeline constructed or to be constructed on land used for residential, business, commercial or industrial purposes, designed for use solely for the residential, business, commercial or industrial purposes carried on on that land and situated wholly within the boundaries of that land, > > > > > (d) a pipeline constructed or to be constructed for the purpose of the supply of water (including for irrigation), the drainage of land or the conveyance of waste water, mine water, aqueous slurries of minerals, mineral concentrates or mineral tailings, > > > > > (e) a pipeline of the prescribed class, constructed or to be constructed for the conveyance of dangerous goods within the meaning of the [Dangerous Goods (Road and Rail Transport) Act 2008](/view/html/inforce/current/act-2008-095), > > > > > (f) a pipeline constructed or to be constructed— > > > > > > > (i) for returning petroleum to a natural reservoir, > > > > > > > (ii) for conveying petroleum for use for the purposes of petroleum exploration operations or operations for the recovery of petroleum, > > > > > > > (iii) for conveying petroleum that is to be flared or vented, > > > > > (g) a pipeline, or a pipeline belonging to a class, for the time being declared by a notification under subsection (2) or by such a notification, as varied by a notification under subsection (9), to be a gathering line, or > > > > > (h) a pipeline, or a pipeline belonging to a class, for the time being declared by a notification under subsection (4) or by such a notification, as varied by a notification under subsection (9), to be a pipeline in respect of which a person is not required to hold a licence, > > > > but nothing in this section prevents a person from making any application under this Act in respect of any such pipeline or apparatus or works or from being granted and holding a licence in respect of the construction or operation of such a pipeline. > > > (2) Where the Minister is satisfied that any pipeline is, or any pipelines belonging to a class are, constructed or to be constructed for conveying petroleum from a well to another pipeline that is used or to be used for conveying petroleum from another well or other wells, he or she may, by a notification published in the Gazette, declare that pipeline to be a gathering line or pipelines belonging to that class to be gathering lines. > > > (3) (Repealed) > > > (4) The Minister may, by notification published in the Gazette, declare any pipeline, or any pipeline of a class, specified in the notification to be a pipeline in respect of which a person is not required to hold a licence. > > > (5) (Repealed) > > > (6) A reference in subsection (1) (a) or (b) to a pipeline does not include a reference to a pipeline constructed or used or to be constructed or used by a network operator, within the meaning of the [Gas Supply Act 1996](/view/html/inforce/current/act-1996-038), where the pipeline is or is to be used principally for the conveyance of gas otherwise than for the purpose of reticulating it directly to consumers. > > > (7) In subsection (1) (e), a pipeline of the prescribed class means a pipeline of a length of less than 10 kilometres or of such other length as may, for the time being, be specified in the notification under subsection (8) or in such a notification, as varied by a notification under subsection (9). > > > (8) The Minister may, by a notification published in the Gazette, specify for the purposes of subsection (7) a length other than 10 kilometres. > > > (9) The Minister may vary or revoke a notification under this section by another notification published in the Gazette. > > **s 5:** Am 1974 No 51, Sch; 1975 No 68, Sch 2; 1977 No 17, Sch 1; 1985 No 217, Sch 2 (2); 1986 No 215, Sch 1; 1996 No 38, Sch 1.10; 2003 No 38, Sch 2.18; 2006 No 35, Sch 1 \[14\]–\[22\]; 2008 No 95, Sch 2.7.