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Pipelines Act 2005
95Decision of Minister
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95 Decision of Minister
(1) Before making a decision on an application under section 90, the Minister must—
S. 95(1)(a) amended by No. 68/2014 s. 95(1).
(a) be satisfied that the proponent, applicant or licensee has taken all reasonable steps to reach agreement with the owners of the land in relation to the purchase of the easement; and
(b) consider any submissions made under section 91.
S. 95(1A) inserted by No. 25/2008 s. 18, amended by No. 68/2014 s. 95(1)
(1A) In considering whether the proponent, applicant or licensee has taken all reasonable steps for the purposes of subsection (1)(a), the Minister must consider whether the proponent, applicant or licensee has satisfied the requirements set out in an approved consultation plan.
S. 95(2) substituted by No. 68/2014 s. 95(2).
(2) The Minister must not consent to a compulsory acquisition of an easement by an applicant unless the Minister has decided to grant the licence to construct and operate the pipeline.
S. 95(2)(a) inserted by No. 68/2014 s. 95(2).
(2A) The Minister must not consent to a compulsory acquisition of an easement by a licensee for the purpose of the alteration of the route of a pipeline unless the Minister has decided to grant the application for the proposed alteration.
(3) The Minister must within 28 days after the submission date for the application or the date of the decision to grant or refuse the licence (whichever is the later)—
(a) consent to the compulsory acquisition of the easement; or
(b) refuse to consent to the acquisition.
S. 95(3A) inserted by No. 68/2014 s. 95(3).
(3A) The Minister must within 28 days after the submission date for the application or the date of the decision to approve or refuse the significant alteration (whichever is the later)—
(a) consent to the compulsory acquisition of the easement; or
(b) refuse to consent to the acquisition.
(4) A consent must be in writing.