This regulation updates pipeline rules. It requires licence-holders to follow AS 2885 (or Secretary‑approved standards) for design, construction, operation and maintenance; to implement, publish and amend pipeline management systems and plans; to appoint independent auditors and lodge audit reports; and to notify and report hazardous events, deaths, alterations and annual matters. It also imposes signage, fee and compulsory‑acquisition procedures and permits cyber‑security directions. It affects licence‑holders, persons in charge, landowners and Transport for NSW, creating recurring compliance costs, specific penalties (eg ss 9, 11, 13, 31A, 38A) and broad Secretary/Minister discretion.
This regulation sets out detailed procedural, technical and reporting requirements that operationalise the Pipelines Act 1967 for licensed pipelines in New South Wales. It commenced on 1 September 2023 (s 2) and replaces the Pipelines Regulation 2013. Mechanically the regulation does the following.
Adopts the AS/NZS 2885 standard as the primary regulatory standard for design, construction, operation and maintenance of high pressure gas and liquid petroleum pipelines, and for pipeline management systems generally (defined in s 3 and required by s 9 and s 11). The Secretary may approve an alternative standard for a particular licensee (s 10).
Imposes a formal pipeline management system and pipeline management plan regime. Licence holders must implement a pipeline management system consistent with AS 2885 (s 11), prepare and provide a pipeline management plan to the Secretary within six months of operations commencing (s 15), publish redacted plans (s 20) and implement amendments at the Secretary’s direction (s 17-19).
Establishes an audit regime. The licensee must appoint an independent competent auditor for the pipeline management system at least 28 days before an audit report is due, notify the Secretary of the appointment, and provide auditor reports certifying compliance and adequacy (s 12-14, s 13).
Creates prescriptive reporting obligations for incidents, hazardous events, repairs, deaths and injuries, emergencies and annual performance reporting, including deadlines and specified content for annual reports (Part 4, e.g. s 31A, s 32, s 34-35).
Sets rules for alterations and works on pipelines, with a distinction between major alterations requiring written Secretary approval and other works requiring prior notice (s 21-23).
Current sections
Direct links to the current provisions in Pipelines Regulation 2023.
AS 2885 means AS/NZS 2885, Pipelines—Gas and liquid petroleum, published by Standards Australia as in force from time to time.
auditor, in relation to a licensee, means an auditor appointed under section 12 for the pipeline management system of a licensee’s pipeline.
cyber security direction—see section 38A(1),
examiner—see section 43C(1).
financial year means a year ending on 30 June.
hazardous event means an event that causes, or has the potential to cause, one or more of the following—
(a) physical injury to a person,
(b) damage to the health of a person,
(c) damage to property or the environment.
licence operations property means property brought into a licence area or relinquished area by a person engaged or involved in the operations authorised by the licence.
licensee for a pipeline means the licensee for a pipeline operated under the licence.
person in charge of a pipeline—means the person appointed under section 24 for the pipeline.
pipeline management plan means written plans, policies and procedures that—
(a) relate to a pipeline, and
(b) describe, and form part of, the pipeline management system for the pipeline.
pipeline management system has the same meaning as in AS 2885.
(ii) evidence, in relation to the pipeline, that the applicant has notified impacted communities at least 7 days before lodging the application of the applicant’s intention to make the application, or
(b) otherwise—evidence, in relation to the pipeline, that an application has been lodged—
(b) as if it were a deposited plan to be lodged by hand for registration in the office of the Registrar-General.
(2) If easements are intended to be acquired—
(a) the easements must be identified on the relevant plan, and
(b) the easements must also identified on the panel on the plan sheet for the relevant plan by reference to the way in which the easements are identified on the relevant plan, and
(c) a statement, in Form 1, must be included on the panel.
(3) A relevant plan must be accompanied by an instrument—
(a) in Form 2, and
(b) that complies with the requirements of Schedule 2.
(4) In this section—
relevant plan means a plan referred to in the following provisions of the Act—
(a) section 13(1)(d),
(b) section 13A(4)(a), (5)(a) or (6),
(c) section 18(4)(a), (5)(a) or (6).
6A
Evidence about land and easements to accompany licences and variations
6A Evidence about land and easements to accompany licences and variations
6A Evidence about land and easements to accompany licences and variations
(1) For the Act, section 13(1)(gb), an application in relation to land or easements available for compulsory acquisition under the Act, section 22(1)(d)(ii) must be accompanied by evidence that the applicant has taken all reasonable steps to enter into an agreement with the owner to acquire the land or easements.
(2) For the Act, section 18(4)(db), an application for a variation of a licence, other than a minor variation, to include additional land or easements in the licence area, being land or easements available for compulsory acquisition under the Act, section 22(1)(d)(ii), must include evidence that the applicant has taken all reasonable steps to enter into an agreement with the owner to acquire the land or easements.
s 6A: Ins 2025 (675), Sch 1[3].
7
Transport for NSW must be served with notifications and instruments—the Act, ss 13, 13A, 13B and 18
7 Transport for NSW must be served with notifications and instruments—the Act, ss 13, 13A, 13B and 18
7 Transport for NSW must be served with notifications and instruments—the Act, ss 13, 13A, 13B and 18
(1) For the Act, section 13(4), a copy of the notification must be served on Transport for NSW no later than 7 days after the day on which the application for the licence is made.
(2) For the Act, section 13A(8), a copy of the notification must be served on Transport for NSW no later than 7 days after the day on which the application for the variation is made.
(3) For the Act, section 13B(3), a copy of the instrument must be served on Transport for NSW no later than 7 days after the day on which the instrument is served on the Minister.
(4) For the Act section 18(8), a copy of the notification must be served on Transport for NSW.
7A
Availability of certain land etc for compulsory acquisition
7A Availability of certain land etc for compulsory acquisition
7A Availability of certain land etc for compulsory acquisition
(1) For the Act, section 22(4)(a) and (c), reasonable steps include acting in a way that is reasonably consistent with the Pipelines Compulsory Acquisition Process Guidelines.
(2) For the Act, section 22(4)(b), the Minister must consider—
(a) whether the applicant has acted in a way consistent with the Pipelines Compulsory Acquisition Guidelines, and
(b) other matters the Minister considers relevant.
(3) In this section—
Pipelines Compulsory Acquisition Guidelines means the Pipelines Compulsory Acquisition Process Guidelines as published on the Department’s website from time to time.
s 7A: Ins 2025 (675), Sch 1[4].
Part 3
Pipelines
Part 3 Pipelines
Part 3 Pipelines
Division 1
Preliminary
Division 1 Preliminary
Division 1 Preliminary
8
Application of part to water supply, drainage or waste, or mine water pipeline
8 Application of part to water supply, drainage or waste, or mine water pipeline
8 Application of part to water supply, drainage or waste, or mine water pipeline
Divisions 2–5 do not apply to a pipeline if the pipeline—
(a) is a pipeline referred to in the Act, section 5(1)(d), and
(b) is authorised by a licence.
Division 2
Application of standards—the Act, s 69(1)(a)
Division 2 Application of standards—the Act, s 69(1)(a)
Division 2 Application of standards—the Act, s 69(1)(a)
9
Design, construction, operation and maintenance pipeline
9 Design, construction, operation and maintenance pipeline
9 Design, construction, operation and maintenance pipeline
(1) The licensee for a pipeline must ensure the following are in accordance with the relevant provisions of the appropriate standard—
(a) the design of the pipeline,
(b) the construction of the pipeline,
(c) the operation of the pipeline,
(d) maintenance carried out on the pipeline.
Maximum penalty—
(a) for a corporation—10,000 penalty units, or
(b) for an individual—2,000 penalty units.
(2) In this section—
appropriate standard means—
(a) for pipelines for high-pressure gas and liquid petroleum—AS 2885, or
(b) otherwise—
(i) AS 2885, or
(ii) a standard approved for the licensee by the Secretary under section 10.
s 9: Am 2025 (675), Sch 1[5].
10
Approval of standard by Secretary
10 Approval of standard by Secretary
10 Approval of standard by Secretary
(1) The Secretary may approve a standard for the purposes of section 9 for a licensee.
(2) The approval may be given on the application of the licensee.
(3) The Secretary may revoke an approval if the Secretary—
(a) has given the licensee written notice about the proposed revocation, and
(b) has specified a reasonably period for the licensee to make submissions about the proposed revocation, and
(c) has considered any submission made during the period.
(4) An approval or revocation takes effect—
(a) when written notice of the approval or revocation is given to the licensee, or
(b) if a later day is specified in the written notice—on the day specified.
Division 3
Pipeline management system
Division 3 Pipeline management system
Division 3 Pipeline management system
11
Licensee must implement pipeline management system
11 Licensee must implement pipeline management system
11 Licensee must implement pipeline management system
The licensee for a pipeline must—
(a) implement a pipeline management system for the pipeline, and
(b) ensure the pipeline management system is in accordance with the relevant provisions of AS 2885.
Maximum penalty—
(a) for a corporation—10,000 penalty units, or
(b) for an individual—2,000 penalty units.
s 11: Am 2025 (675), Sch 1[6].
12
Auditor—appointment
12 Auditor—appointment
12 Auditor—appointment
(1) For the Act, Schedule 2, clause 16, the licensee for a pipeline must, at least 28 days before the licensee must give the Secretary an audit report under section 13—
(a) appoint a person as an auditor, and
(b) give written notice of that appointment to the Secretary.
Maximum penalty—
(a) for a corporation—250 penalty units and, for a continuing offence, a further 25 penalty units for each day the offence continues, or
(b) for an individual—50 penalty units and, for a continuing offence, a further 5 penalty units for each day the offence continues.
(2) A person must not be appointed as an auditor unless the person is—
(a) independent of the licensee, and
(b) competent to exercise the functions of an auditor.
(3) A licensee does not commit an offence under subsection (1) if the Secretary has rejected or terminated the appointment under section 12B.
s 12: Subst 2025 (675), Sch 1[7].
12A
Auditor—functions
12A Auditor—functions
12A Auditor—functions
The auditor has the following functions—
(a) to conduct regular audits of the pipeline management system, and
(b) to prepare reports on the audits in accordance with this division.
s 12A: Ins 2025 (675), Sch 1[7].
12B
Auditor—Secretary may reject or terminate
12B Auditor—Secretary may reject or terminate
12B Auditor—Secretary may reject or terminate
(1) The Secretary may, by written notice to the licensee—
(a) reject the appointment of an auditor by the licensee if, in the Secretary’s opinion, the appointment is not acceptable, or
(b) terminate the appointment at any time.
(2) The notice—
(a) must give reasons for the rejection or termination of the appointment of the auditor, and
(b) may require that a specified person be appointed as an auditor.
s 12B: Ins 2025 (675), Sch 1[7].
12C
Auditor—vacancy
12C Auditor—vacancy
12C Auditor—vacancy
(1) Within 28 days of receiving a rejection notice or termination notice, a licensee must appoint—
(a) the person specified in the notice, or
(b) if no person is specified in the notice—another person.
Maximum penalty for paragraph (a)—
(a) for a corporation—1,000 penalty units and, for a continuing offence, a further 100 penalty units for each day the offence continues, or
(b) for an individual—200 penalty units and, for a continuing offence, a further 20 penalty units for each day the offence continues.
Maximum penalty for paragraph (b)—
(a) for a corporation—250 penalty units and, for a continuing offence, a further 25 penalty units for each day the offence continues, or
(b) for an individual—50 penalty units and, for a continuing offence, a further 5 penalty units for each day the offence continues.
(2) The licensee must give the Secretary written notice of an auditor appointed under subsection (1) no later than 14 days after making the appointment.
(3) The licensee must appoint a person as an auditor within 28 days of there being no auditor for a reason other than a rejection notice or a termination notice.
Maximum penalty—
(a) for a corporation—250 penalty units and, for a continuing offence, a further 25 penalty units for each day the offence continues, or
(b) for an individual—50 penalty units and, for a continuing offence, a further 5 penalty units for each day the offence continues.
(4) In this section—
rejection notice means a notice given under section 12B(1)(a).
termination notice means a notice given under section 12B(1)(b).
s 12C: Ins 2025 (675), Sch 1[7].
13
Reports on audits of pipeline management system
13 Reports on audits of pipeline management system
13 Reports on audits of pipeline management system
(1) The licensee for a pipeline must, at the times required by section 14, give the Secretary a report from the auditor for the pipeline management system for the pipeline in which the auditor certifies that—
(a) the auditor has audited the pipeline management system, and
(b) all measures continue to be in place under the pipeline management system to—
(i) prevent hazardous events from occurring, and
(ii) protect persons, plant, equipment and the environment should hazardous events occur, and
(c) properly trained and equipped persons are available to continue implementing the pipeline management system, and
(d) for the initial report—the pipeline management system is in accordance with the relevant provisions of AS 2885, and
(e) for reports other than the initial report—the pipeline management system is adequate and appropriate having regard to any relevant changes made since the previous report was given to the Secretary under this section.
(2) In this section—
relevant change, for a pipeline management system for a pipeline, means a change—
(a) to one or more of the following—
(i) the pipeline, including its apparatus or works,
(ii) the pipeline’s method of operation,
(iii) the pipeline’s operating, control or monitoring systems, and
(b) that may impact on the integrity or reliability of the pipeline.
s 13: Am 2025 (675), Sch 1[8].
14
When reports must be given to Secretary
14 When reports must be given to Secretary
14 When reports must be given to Secretary
(1) An initial report must be given to the Secretary at the same time the pipeline management plan must be given to the Secretary under section 15.
Maximum penalty—
(a) for a corporation—10,000 penalty units and, for a continuing offence, a further 1,000 penalty units for each day the offence continues, or
(b) for an individual—2,000 penalty units and, for a continuing offence, a further 200 penalty units for each day the offence continues.
(1A) A later report must be given to the Secretary—
(a) no later than 28 days after each anniversary of the grant of the licence, or
(b) if the Secretary has, by written order, approved the licensee providing the reports less frequently—at the times approved by the Secretary.
Maximum penalty—
(a) for a corporation—2,000 penalty units and, for a continuing offence, a further 200 penalty units for each day the offence continues, or
(b) for an individual—400 penalty units and, for a continuing offence, a further 40 penalty units for each day the offence continues.
(2) The Secretary may permit a licensee to give a report at a later time if—
(a) the licensee requests an extension of time because the auditor is unable to certify a matter referred to in section 13, and
(b) the licensee gives the Secretary a report from the auditor that specifies—
(i) that an audit has been carried out, and
(ii) the matter that the auditor is unable to certify and the reason why, and
(iii) the measures that the licensee proposes to take to enable to auditor to be able to certify the matter, and
(iv) the time within which the licensee has undertaken to implement the measures.
(3) The Secretary may grant an extension of time by giving written notice to the licensee specifying the new time at which the report must be given.
(4) In this section—
initial report means the first report given to the Secretary in accordance with section 13.
later report means a report, other than an initial report, given to the Secretary in accordance with section 13.
s 14: Am 2025 (675), Sch 1[9]–[11].
Division 4
Pipeline management plans
Division 4 Pipeline management plans
Division 4 Pipeline management plans
15
Licensees to give pipeline management plan to Secretary
15 Licensees to give pipeline management plan to Secretary
15 Licensees to give pipeline management plan to Secretary
For the Act, Schedule 2, clause 1(c), the licensee for a pipeline must give the Secretary a pipeline management plan for the pipeline—
(a) no later than 6 months after the commencement of operations of the pipeline, or
(b) at a later date approved by the Secretary in writing.
Maximum penalty—
(a) for a corporation—10,000 penalty units and, for a continuing offence, a further 1,000 penalty units for each day the offence continues, or
(b) for an individual—2,000 penalty units and, for a continuing offence, a further 200 penalty units for each day the offence continues.
s 15: Subst 2025 (675), Sch 1[12].
16
Licensee to implement pipeline management plan
16 Licensee to implement pipeline management plan
16 Licensee to implement pipeline management plan
(1) The licensee for a pipeline must implement a pipeline management plan for the pipeline if the plan has been given to the Secretary.
Maximum penalty—
(a) for a corporation—10,000 penalty units, or
(b) for an individual—2,000 penalty units.
(2) It is a condition of a licence that the licensee must comply with a pipeline management plan given to the Secretary, as amended in accordance with this division.
s 16: Am 2025 (675), Sch 1[13].
17
Secretary may direct amendment of pipeline management plan
17 Secretary may direct amendment of pipeline management plan
17 Secretary may direct amendment of pipeline management plan
(1) The Secretary may direct a licensee for a pipeline to amend the pipeline management plan for the pipeline.
(2) For a pipeline management plan, the Secretary may give the direction if the Secretary is of the opinion that implementation of the plan or the pipeline management system for the pipeline—
(a) has resulted in a hazardous event, or
(b) may result in a hazardous event.
(3) Subsection (2) does not limit the grounds on which the Secretary may give a direction.
(4) The direction—
(a) must be given by written order, and
(b) must specify—
(i) the way in which the pipeline management plan must be amended, and
(ii) the time within which the plan must be amended.
(5) The licensee must—
(a) comply with the direction, and
(b) give the Secretary a copy of the amended pipeline management plan within 14 days after the plan is amended.
Maximum penalty—
(a) for a corporation—10,000 penalty units and, for a continuing offence, a further 1,000 penalty units for each day the offence continues, or
(b) for an individual—2,000 penalty units and, for a continuing offence, a further 200 penalty units for each day the offence continues.
s 17: Am 2025 (675), Sch 1[14].
18
Pipeline management plan may be amended on licensee’s initiative
18 Pipeline management plan may be amended on licensee’s initiative
18 Pipeline management plan may be amended on licensee’s initiative
(1) A licensee for a pipeline may amend a pipeline management plan for the pipeline by giving the amended plan to the Secretary.
(2) The licensee must ensure the amended plan is accompanied by—
(a) a report by the licensee specifying the amendments made and the effect of the amendments, and
(b) a certificate—
(i) specifying that the amendments do not cause the pipeline management system for the pipeline to fail to be in accordance with the relevant provisions of AS 2885, and
(ii) issued by the auditor for the pipeline management system.
Maximum penalty—
(a) for a corporation—2,000 penalty units, or
(b) for an individual—400 penalty units.
s 18: Am 2025 (675), Sch 1[15].
19
Secretary may direct compliance with pipeline management plan
19 Secretary may direct compliance with pipeline management plan
19 Secretary may direct compliance with pipeline management plan
(1) The Secretary may direct a licensee for a pipeline to take action—
(a) to comply with requirements of a pipeline management plan for the pipeline, or
(b) to follow procedures set out or referred to in the plan.
(2) The Secretary may give the direction if the Secretary is of the opinion the licensee—
(a) is not complying with the requirements, or
(b) is not following the procedures.
(3) The direction—
(a) must be given by written order, and
(b) must specify—
(i) the action to be taken, and
(ii) the time within which the action must be taken.
(4) The licensee must comply with the direction.
Maximum penalty—
(a) for a corporation—10,000 penalty units and, for a continuing offence, a further 1,000 penalty units for each day the offence continues, or
(b) for an individual—2,000 penalty units and, for a continuing offence, a further 200 penalty units for each day the offence continues.
(5) In this section—
requirements of a pipeline management plan includes the requirements of codes, standards or specifications set out or referred to in the plan.
s 19: Am 2025 (675), Sch 1[16].
20
Publication of pipeline management plan
20 Publication of pipeline management plan
20 Publication of pipeline management plan
(1) For the Act, Schedule 2, clause 1(c), a licensee for a pipeline must—
(a) keep the pipeline management plans, and historical versions of the pipeline management plans, for the pipeline in electronic form or hard copy at the principal office of the licensee, or
(b) publish copies of the plans on the licensee’s website that have been redacted to exclude information that, in the licensee’s opinion, is commercial-in-confidence or inappropriate for publication, including—
(i) information that, if published, will jeopardise the security of critical infrastructure, and
(2) A licensee for a pipeline must, on request by one of the following persons, give unredacted copies of plans in electronic form or hard copy to the person no later than 5 business days after the request is made—
(a) a person involved in the implementation of the plan, or
(b) the Secretary.
Maximum penalty—
(a) for a corporation—2,000 penalty units and, for a continuing offence, a further 200 penalty units for each day the offence continues, or
(b) for an individual—400 penalty units and, for a continuing offence, a further 40 penalty units for each day the offence continues.
s 20: Subst 2025 (675), Sch 1[17].
Division 5
Alterations to pipelines
Division 5 Alterations to pipelines
Division 5 Alterations to pipelines
21
Alteration of pipeline other than in emergencies
21 Alteration of pipeline other than in emergencies
21 Alteration of pipeline other than in emergencies
(1) A licensee for a pipeline must not carry out work resulting in the permanent alteration of the pipeline unless—
(a) for major alterations work—the Secretary, on application by the licensee, has given the licensee written approval, or
(b) for all other work—the licensee has given the Secretary—
(i) written notice of the proposed work that includes a detailed description of the proposed work and, if relevant, a schematic design of the proposed work, and
(ii) additional information about the proposed work requested by the Secretary.
Maximum penalty—
(a) for a corporation—10,000 penalty units, or
(b) for an individual—2,000 penalty units.
(2) An application must—
(a) be made in the way determined by the Secretary, and
(b) contain the information required by the Secretary.
(3) This section does not—
(a) apply to the alteration of a pipeline in an emergency, or
(b) authorise an alteration that results in a contravention of a licence.
(4) In this section—
major alterations works, in relation to a pipeline, means—
(a) construction of another pipeline of at least 250m in length for the purposes of extending or replacing the pipeline within an existing licence area, or
(b) the installation or removal of apparatus or works in connection with the construction of a new pipeline assembly or station for the pipeline.
pipeline assembly has the same meaning as in AS 2885.
station has the same meaning as in AS 2885.
s 21: Subst 2025 (675), Sch 1[18].
22
Alteration of pipeline in emergency
22 Alteration of pipeline in emergency
22 Alteration of pipeline in emergency
A licensee for a pipeline must—
(a) give written notice to the Secretary about work carried out in an emergency that results in the permanent alteration of the pipeline, and
(b) give the notice as soon practicable after the work is completed.
Maximum penalty—
(a) for a corporation—10,000 penalty units, or
(b) for an individual—2,000 penalty units.
Note—
See the Act, section 11(3) for additional requirements that may apply if an alteration is made in an emergency.
s 22: Am 2025 (675), Sch 1[19].
23
Report about alteration of pipeline
23 Report about alteration of pipeline
23 Report about alteration of pipeline
A licensee for a pipeline that has been permanently altered as a result of the carrying out of work—
(a) must give a written report about the work to the Secretary within 14 days after the work is completed, and
(b) must ensure the report includes—
(i) a statement that the work has been completed, and
(ii) a reference to the relevant standard, or condition of the licence, in accordance with which the work was carried out.
Maximum penalty—
(a) for a corporation—2,000 penalty units, or
(b) for an individual—400 penalty units.
s 23: Am 2025 (675), Sch 1[20].
Division 6
Other
Division 6 Other
Division 6 Other
24
Person in charge
24 Person in charge
24 Person in charge
(1) The licensee for a pipeline must, before commencing the construction, maintenance or operation of the pipeline—
(a) appoint a person who is authorised by the licensee to be the person in charge of the pipeline on behalf of the licensee, and
(b) give written notice to the Secretary about the appointment, which includes—
(i) the name and address of the person, and
(ii) an acknowledgment by the person of the appointment.
Maximum penalty—10 penalty units.
(2) The licensee for the pipeline must, within 7 days after a person ceases to be appointed under subsection (1)—
(a) appoint another person, and
(b) give written notice to the Secretary about the appointment, which includes—
(i) the name and address of the person, and
(ii) an acknowledgment by the person of the appointment.
Maximum penalty—5 penalty units.
(3) In this section—
in charge of a pipeline means to have the authority to construct, maintain and operate the pipeline.
25
Disturbance of lands
25 Disturbance of lands
25 Disturbance of lands
(1) A licensee must ensure the existing use of land is not disturbed more than is necessary by activities authorised by the licence.
Maximum penalty—
(a) for a corporation—2,000 penalty units, or
(b) for an individual—400 penalty units.
(2) A licensee must ensure, as far as practicable, that the surface of land affected by activities authorised by the licence is restored to the condition it was in immediately before the commencement of the activities.
Maximum penalty—
(a) for a corporation—3,000 penalty units, or
(b) for an individual—600 penalty units.
s 25: Am 2025 (675), Sch 1[21] [22].
26
Public roads
26 Public roads
26 Public roads
A licensee must ensure the carrying out of activities authorised by the license does not interfere with the use of a public road unless the interference is approved by the public or local authority responsible for the road.
Maximum penalty—100 penalty units and, for a continuing offence, a further 10 penalty units for each day the offence continues.
s 26: Am 2025 (675), Sch 1[23].
26A
Maintenance of pipeline—the Act, Sch 2, cl 1
26A Maintenance of pipeline—the Act, Sch 2, cl 1
26A Maintenance of pipeline—the Act, Sch 2, cl 1
A licensee for a pipeline must maintain the pipeline in good condition and repair.
Maximum penalty—
(a) for a corporation—2,000 penalty units, or
(b) for an individual—400 penalty units.
s 26A: Ins 2024 (329), Sch 1[2].
26AA
Waste or escape of substances from pipelines—the Act, Sch 2, cl 5
26AA Waste or escape of substances from pipelines—the Act, Sch 2, cl 5
26AA Waste or escape of substances from pipelines—the Act, Sch 2, cl 5
(1) A licensee must not intentionally cause or permit the waste or escape of a substance from a pipeline.
Maximum penalty—
(a) for a corporation—10,000 penalty units, or
(b) for an individual—2,000 penalty units.
(2) It is a defence to the prosecution of an offence under subsection (1) if the licensee causes or permits the waste or escape of the substance in circumstances where—
(a) the waste or escape was in response to an emergency, and
(b) the licensee did not negligently or recklessly act—
(i) in a way that caused the emergency, and
(ii) in a way that increased the waste of substance or the escape of substance from the pipeline.
(3) Subsection (1) does not apply if—
(a) the licensee has notified the Secretary at least 5 business days before the waste or escape of the substance of the licensee’s intention to cause or permit the waste or escape, and
(b) the Secretary gives written acknowledgement of the receipt of the notice.
(4) A licensee who unintentionally causes or permits the waste of a substance from the pipeline must notify the Secretary no later than 28 days after becoming aware of the waste.
Maximum penalty—
(a) for a corporation—5,000 penalty units and, for a continuing offence, a further 500 penalty units for each day the offence continues, or
(b) for an individual—1,000 penalty units and, for a continuing offence, a further 100 penalty units for each day the offence continues.
s 26AA: Ins 2025 (675), Sch 1[24].
26B
Removal of property in connection with pipeline—the Act, Sch 2, cl 1
26B Removal of property in connection with pipeline—the Act, Sch 2, cl 1
26B Removal of property in connection with pipeline—the Act, Sch 2, cl 1
(1) A licensee for a pipeline must remove from the licence area all property not used, or not to be used, in connection with the operation of the pipeline.
Maximum penalty—
(a) for a corporation—2,000 penalty units and, for a continuing offence, a further 200 penalty units for each day the offence continues, or
(b) for an individual—400 penalty units and, for a continuing offence, a further 40 penalty units for each day the offence continues.
(2) In this section—
property includes structures and equipment.
s 26B: Ins 2024 (329), Sch 1[2]. Am 2025 (675), Sch 1[25].
26C
Direction for licensee or former licensee to remove property—the Act, Sch 2, cl 13
26C Direction for licensee or former licensee to remove property—the Act, Sch 2, cl 13
26C Direction for licensee or former licensee to remove property—the Act, Sch 2, cl 13
(1) The Minister may, by written order served on a licensee, direct the licensee to do the following—
(a) remove, or cause to be removed, from the licence area, or a relinquished area, licence operations property,
(b) make arrangements, satisfactory to the Minister, to remove or dispose of the licence operations property,
(c) make good, to the satisfaction of the Minister, damage to the licence area or relinquished area caused by the removal of the licence operations property,
(d) make good, to the satisfaction of the Minister, damage to the licence area or relinquished area caused by a person engaged or involved in the operations or by the removal of the property.
(2) The direction may specify—
(a) the licence operations property to be removed, and
(b) the way in which the property must be removed.
(3) A person must comply with a direction—
(a) in relation to a relinquished area—by the time specified in the direction, or
(b) in relation to a licence area—on or before the expiration of the licence.
Maximum penalty—
(a) for a corporation—3,000 penalty units and, for a continuing offence, a further 300 penalty units for each day the offence continues, or
(b) for an individual—600 penalty units and, for a continuing offence, a further 60 penalty units for each day the offence continues.
(4) In this section—
licensee includes a former licensee of a licence that is wholly cancelled, partly cancelled, or expired.
s 26C: Ins 2024 (329), Sch 1[2]. Am 2025 (675), Sch 1[26]–[29].
26D
Non-compliance with direction
26D Non-compliance with direction
26D Non-compliance with direction
(1) This section applies if a licensee for a pipeline has not complied with the Minister’s direction under section 26C(1) to remove property.
(2) For the Act, Schedule 2, clause 13, the Minister may do the following—
(a) make good damage to the licence area or relinquished area caused by the removal of the licence operations property in the way the Minister considers appropriate,
(b) do all or any of the things required by the direction to be done,
(c) direct the person or the persons the Minister reasonably believes to be the owner or owners of the licence operations property to remove the licence operations property from the licence area or relinquished area by—
(i) publishing a written order in the Gazette, and
(ii) providing the person or persons the subject of the order with a copy of the order.
(3) If a direction under subsection (2)(c) is not complied with, the Minister may do the following—
(a) remove, in the way the Minister considers appropriate, all or any of the property from the licence area or relinquished area,
(b) dispose of, in the way the Minister considers appropriate, all or any of that property, and
(c) sell all or part of the licence operations property.
(4) The Minister may deduct from the proceeds of a sale under subsection (3)(c) of licence operations property—
(a) all or part of the costs and expenses incurred by the Minister, and
(b) all or part of the fees or amounts owed under this Act by the owner or owners of the licence operations property.
(5) Costs and expenses incurred by the Minister under subsection (3)—
(a) for costs and expenses incurred in relation to the removal, disposal or sale of property or the making good of damage caused by the removal of property—are recoverable as a debt due in a court of competent jurisdiction from the owner of the property, or
(b) for costs and expenses incurred in relation to the doing of a thing required by a direction under section 26C(1)(c) or (d)—are recoverable as a debt due in a court of competent jurisdiction from the person to whom the direction was given.
(6) Costs incurred by the Minister under subsection (3) are recoverable as a debt due in a court of competent jurisdiction to the extent they are not recovered under subsection (4).
(7) No action lies for the removal, disposal or sale of property under this section, other than an action in relation to costs or expenses under subsections (5) and (6).
(8) In this section—
licensee has the same meaning as in section 26C.
s 26D: Ins 2025 (675), Sch 1[30].
27
Damage by other persons
27 Damage by other persons
27 Damage by other persons
(1) A person must not damage or occupy land if—
(a) the land is used for the construction or operation of a pipeline subject to a licence, and
(b) the damage or occupation results in interference to—
(i) the construction or operation of the pipeline, or
(ii) lawful access to the pipeline by the licensee for the pipeline.
Maximum penalty—10 penalty units.
(2) Subsection (1) does not apply to damage or occupation which has been approved by the licensee.
Part 4
Reporting
Part 4 Reporting
Part 4 Reporting
28
Application of part to water supply, drainage or waste, or mine water pipeline
28 Application of part to water supply, drainage or waste, or mine water pipeline
28 Application of part to water supply, drainage or waste, or mine water pipeline
This part does not apply to a pipeline if the pipeline—
(a) is a pipeline referred to in the Act, section 5(1)(d), and
(b) is authorised by a licence.
29
Definitions
29 Definitions
29 Definitions
In this division—
approved email address means an email address approved by the Minister and notified in writing to the licensee.
approved telephone number means a telephone number approved by the Minister and notified in writing to the licensee.
escape or ignition means—
(a) the uncontrolled escape of any substance from a pipeline, or
(b) the ignition of any substance being conveyed in a pipeline.
s 29: Am 2025 (675), Sch 1[31] [32].
30
30
30 (Repealed)
31
Report about repairs
31 Report about repairs
31 Report about repairs
(1) This section applies if repairs are carried out on a pipeline because of an escape or ignition involving the pipeline.
(2) The licensee for a pipeline must, within 7 days after completing the repairs, give a written report to the Secretary specifying—
(a) the time and place of the escape or ignition, and
(b) the approximate quantity of any substance that escaped or escaped and ignited, and
(c) the damage, if any, that has resulted from the escape or ignition, and
(d) the conditions that caused or contributed to the escape or ignition, and
(e) the repairs, and
(f) the methods used to carry out the repairs.
Maximum penalty for subsection (2)—
(a) for a corporation—2,000 penalty units, or
(b) for an individual—400 penalty units.
s 31: Am 2025 (675), Sch 1[34].
31A
Notice about hazardous events
31A Notice about hazardous events
31A Notice about hazardous events
(1) The licensee for a pipeline must give the Secretary notice of a hazardous event involving the pipeline—
(a) for a hazardous event that is the uncontrolled escape of a substance—immediately after becoming aware of the hazardous event, or
(b) for other hazardous events—no later than 21 days of becoming aware of the hazardous event.
Maximum penalty—
(a) for a corporation—5,000 penalty units and, for a continuing offence, a further 500 penalty units for each day the offence continues, or
(b) for an individual—1,000 penalty units and, for a continuing offence, a further 100 penalty units for each day the offence continues.
(2) Notice must be given under this section—
(a) for subsection (1)(a)—by calling the approved telephone number and sending the notice to the approved email address for this section, or
(b) for subsection (1)(b)—by sending the notice to the approved email address for this section.
s 31A: Ins 2025 (675), Sch 1[35].
32
Notice about death or injury
32 Notice about death or injury
32 Notice about death or injury
(1) The licensee for a pipeline must, in accordance with this section, give the Secretary notice of the death or injury of a person caused as a result of an incident involving the construction, maintenance or operation of a pipeline being carried out under the licence.
Maximum penalty—
(a) for a corporation—5,000 penalty units and, for a continuing offence, a further 500 penalty units for each day the offence continues, or
(b) for an individual—1,000 penalty units and, for a continuing offence, a further 100 penalty units for each day the offence continues.
(2) The notice must specify the following—
(a) details of the incident that caused the death or injury,
(b) the number of persons killed,
(c) the number of persons injured,
(d) for each injured person—details of the injuries the person suffered.
(3) The notice must be given—
(a) for a death or an injury requiring treatment at a hospital—immediately, or
(b) otherwise—within 21 days.
(4) Notice must be given under this section—
(a) for subsection (3)(a)—by calling the approved telephone number and sending the notice to the approved email address for this section, or
(b) for subsection (3)(b)—by sending the notice to the approved email address for this section.
s 32: Am 2025 (675), Sch 1[36]–[39].
33
Obligations under division extend to person in charge
33 Obligations under division extend to person in charge
33 Obligations under division extend to person in charge
(1) The requirements imposed on a licensee for a pipeline by this division are also imposed on a person appointed by the licensee as the person in charge of the pipeline.
(2) If the licensee or the person in charge complies with a requirement of this section, the other person is no longer required to comply with the requirement.
34
Annual report to be given to Secretary
34 Annual report to be given to Secretary
34 Annual report to be given to Secretary
(1) A licensee for a pipeline must, for each financial year during which the licence is in force, give a written report (an annual report) to the Secretary in accordance with this division.
Maximum penalty—
(a) for a corporation—2,000 penalty units, or
(b) for an individual—400 penalty units.
(2) The annual report for a financial year must be given to the Secretary—
(a) within 2 months after the end of the financial year, or
(b) if the Secretary approves a later date—by the later date.
s 34: Am 2025 (675), Sch 1[40].
35
Matters to be included in annual report
35 Matters to be included in annual report
35 Matters to be included in annual report
(1) The annual report must include the following—
(a) for land to which the licence relates—details of—
(i) changes in the ownership of the land, and
(ii) contact made with new owners in accordance with AS 2885, and
(iii) damage requiring the licensee to make, or pay the costs of, repairs,
(b) a summary of—
(i) measures taken to ensure community awareness of the pipeline and safety issues relating to activities under the licence, and
(ii) pipeline surveillance carried out in accordance with AS 2885,
(c) the results of the pipeline surveillance, including information about the following—
(i) the use and effectiveness of one-call systems,
(ii) activities of persons other than the licensee that affect or may affect the pipeline,
(iii) inspections of tunnels, shafts or valve pits for structural integrity, leaks and operational condition,
(iv) access and security for the pipeline and facilities, including locks, gates, fences and vegetation,
(v) the condition and maintenance of warning signs and notices,
(vi) the placement of fill on or near the pipeline,
(vii) the placement of fencing or lighting, or power or telegraph poles, along the pipeline route,
(d) details of inspections, assessments or monitoring of pipeline integrity carried out in accordance with AS 2885, including details about—
(i) repairs to the pipeline or its coating resulting from the inspection, assessment or monitoring, and
(ii) for a pipeline above ground—the condition of its coating, and
(iii) for a pipeline below ground—the performance of cathodic protection systems,
(e) details of unplanned or abnormal incidents in the operation of the pipeline that may affect the safety of the pipeline, including the following—
(i) over-pressurisation,
(ii) excessive temperature change,
(iii) operational disruptions,
(iv) equipment failures.
(2) In this section—
one-call system means a system that provides persons with a single phone number to call before carrying out excavation or construction, to ensure pipelines and other buried facilities are not damaged.
35A
Minister or Secretary may direct licensee to give information
35A Minister or Secretary may direct licensee to give information
35A Minister or Secretary may direct licensee to give information
(1) For the Act, section 58A(4)(a), the Minister or Secretary must not give a direction to a licensee to give additional information in relation to matters included in an annual report given under this division, unless the Minister or Secretary is satisfied that—
(a) the annual report does not include sufficient information, and
(b) additional information is required.
(2) For the Act, section 58A(4)(b), a direction to give additional information in relation to matters included in an annual report given under this division must be written.
s 35A: Ins 2025 (675), Sch 1[41].
36
Report of emergencies and unplanned disruptions
36 Report of emergencies and unplanned disruptions
36 Report of emergencies and unplanned disruptions
A licensee for a pipeline must immediately notify the Secretary, by telephone and email, of an event relating to the activities carried out under the licence that—
(a) requires the carrying out of emergency procedures under the pipeline management system for the pipeline, or
(b) is unplanned and causes a disruption to—
(i) the operation of the pipeline, or
(ii) the conveyance of a substance through the pipeline.
Maximum penalty—
(a) for a corporation—5,000 penalty units, or
(b) for an individual—1,000 penalty units.
s 36: Am 2025 (675), Sch 1[42] [43].
37
Reports of certain activities
37 Reports of certain activities
37 Reports of certain activities
(1) A licensee for a pipeline must, if the licensee carries out one or more of the following activities, give a written report to the Secretary of the activity—
(a) a planned emergency simulation,
(b) the following in accordance with AS 2885—
(i) a review of the suitability of pressure-control and over-pressure protection systems of the pipeline,
(ii) a review, investigation or test relating to the maximum allowable operating pressure of the pipeline,
(iii) an investigation of the condition of the pipeline and any limits for its continued safe operation beyond its design life,
(iv) testing of the integrity of the pipeline,
(v) a review of the classification of the locations along the pipeline,
(vi) a periodic audit and assessment of the pipeline.
Maximum penalty—
(a) for a corporation—2,000 penalty units, or
(b) for an individual—400 penalty units.
(2) The report must be given to the Secretary within—
(a) 28 days after the carrying out of the activity, or
(b) if a later day is specified in writing by the Secretary—the later day.
s 37: Am 2025 (675), Sch 1[44]–[47].
37A
Reports of use and extinguishment of easements—the Act, Sch 2, cl 9
37A Reports of use and extinguishment of easements—the Act, Sch 2, cl 9
37A Reports of use and extinguishment of easements—the Act, Sch 2, cl 9
(1) A licensee for a pipeline must, in accordance with this section, give a written report to the Secretary that includes the following information—
(a) a map showing the route of the pipeline,
(b) details of—
(i) the easements created, modified or otherwise used for gaining access to the pipeline, and
(ii) the extinguishment of each easement used in the reporting period for gaining access to the pipeline, and
(iii) the parcels of land to which the easements referred to in subparagraphs (i) and (ii) relate.
Maximum penalty—
(a) for a corporation—2,000 penalty units, or
(b) for an individual—400 penalty units.
(2) The report must be given no later than 2 months after the end of each financial year.
s 37A: Ins 2025 (675), Sch 1[48].
Part 5
Miscellaneous
Part 5 Miscellaneous
Part 5 Miscellaneous
38
Compensation under the Act, s 22A(2)
38 Compensation under the Act, s 22A(2)
38 Compensation under the Act, s 22A(2)
(1) The following references in the Acquisition Act are to be read as follows—
(a) acquisition notice—notification under the Pipelines Act, section 21(1),
(b) acquisition of land—vesting of lands or easements under the Pipelines Act, section 21(2),
(c) date of acquisition of land—date of publication of the notification by which lands or easements vest under the Pipelines Act, section 21(2),
(d) public purpose—a purpose for which lands or easements may vest under the Pipelines Act, section 21(2),
(e) in Part 3, Divisions 3, 4 and 5, except in sections 42(4), 56(2) and 60(6)(b)—authority of the State—a licensee under the Pipelines Act,
(f) in section 42(4)—the Minister—the Minister administering the Pipelines Act,
(g) in section 51(5)—
(i) payment to the Treasurer for payment into the Consolidated Fund—payment to the licensee, and
(ii) payment of compensation from the Consolidated Fund—payment of compensation by the licensee,
(h) in sections 56(2) and 60(6)(b)—the Minister responsible for an authority of the State—the Minister administering the Pipelines Act.
(1) The Minister may, by written order, give a direction (a cyber security direction) to a licensee requiring the licensee to take action the Minister considers reasonably necessary to—
(a) respond to the impact of a cyber security incident on the licensee’s information technology systems, or
(b) prevent a cyber security incident impacting the licensee’s information technology systems.
(2) The cyber security direction has effect for the period specified in the direction.
(3) A licensee given a direction must comply with the direction.
Maximum penalty—
(a) for a corporation—2,000 penalty units and, for a continuing offence, a further 200 penalty units for each day the offence continues, or
(b) for an individual—400 penalty units and, for a continuing offence, a further 40 penalty units for each day the offence continues.
s 38A: Ins 2024 (329), Sch 1[3]. Am 2025 (675), Sch 1[49].
38B
Condition on licence—cyber security direction
38B Condition on licence—cyber security direction
38B Condition on licence—cyber security direction
For the Act, section 15(1)(a), it is a condition of a licence that the licensee must comply with a cyber security direction.
s 38B: Ins 2024 (329), Sch 1[3].
39
Application for directions as to conveyance of substances—the Act, s 23
39 Application for directions as to conveyance of substances—the Act, s 23
39 Application for directions as to conveyance of substances—the Act, s 23
For the Act, section 23(2)(b), an application for a direction must be made by addressing it to the Secretary and lodging it at an office of the Department.
40
Marking route of pipeline—the Act, Sch 2, cl 6
40 Marking route of pipeline—the Act, Sch 2, cl 6
40 Marking route of pipeline—the Act, Sch 2, cl 6
(1) A licensee for a pipeline must mark, and keep marked, the route of the pipeline as follows—
(a) for a pipeline for high pressure gas or liquid petroleum—in accordance with AS 2885,
(b) otherwise—by ensuring signs (pipeline signs) are in place at the relevant points for the pipeline, specified in section 41, indicating the route of the pipeline.
Maximum penalty—
(a) for a corporation—2,000 penalty units, or
(b) for an individual—400 penalty units.
(2) A person must not damage or remove a mark or sign, including a pipeline sign, required by this section.
Maximum penalty—10 penalty units.
(3) A licensee for a pipeline who removes the pipeline must remove all signs required by this section for the pipeline.
Maximum penalty—10 penalty units.
s 40: Ins 2024 (329), Sch 1[4].
41
Relevant points for pipeline signs—the Act, Sch 2, cl 6
(1) The relevant points for a pipeline at which pipeline signs must be in place are as follows—
(a) at each point where the pipeline crosses the following—
(i) a boundary of a property,
(ii) a road,
(iii) a railway,
(iv) a river or stream.
(b) at each abrupt change of direction of the pipeline,
(c) at each point where the pipeline crosses a significant service, including—
(i) a telecommunications cable or electric power cable, or
(ii) a major pipeline or drain, including a major water pipeline, sewer or buried stormwater drain,
(d) if the pipeline runs alongside a road or railway, or is on land other than land classified as Class R1 or equivalent in AS 2885—at points so each sign—
(i) is visible from each adjacent sign, and
(ii) is no more than 500m from each adjacent sign,
(e) if the pipeline is on land classified as Class R1 or equivalent in AS 2885—at points so each sign—
(i) is visible from each adjacent sign, and
(ii) is no more than 1km from each adjacent sign.
(2) A pipeline sign for a pipeline must—
(a) indicate the location of the pipeline and its description, and
(b) include the name of the pipeline operator, and
(c) include an appropriate telephone number for the purpose of contact in an emergency, and
(d) contain a statement directing persons to contact the pipeline operator before digging near the pipeline, and
(e) be in accordance with the relevant provisions of AS 2885, and
(f) be double-sided, and
(g) be maintained so that it is legible.
s 41: Am 2024 (329), Sch 1[5].
42
Other fees
42 Other fees
42 Other fees
For each matter specified in Schedule 3, a fee is payable as specified in that schedule in relation to that matter.
Information required for approval of instruments—the Act, Sch 2, cl 10
43A Information required for approval of instruments—the Act, Sch 2, cl 10
43A Information required for approval of instruments—the Act, Sch 2, cl 10
(1) This section applies to a person who has lodged an instrument for approval under the Act, Part 4.
(2) The Minister may, by written order, direct the person to give to the Minister information about the instrument or the transaction to which the instrument relates.
(3) A person—
(a) must comply with the direction, and
(b) must not give information that is false or misleading.
Maximum penalty for subsection (3)—
(a) for a corporation—2,000 penalty units, or
(b) for an individual—400 penalty units.
s 43A: Ins 2024 (329), Sch 1[6].
43B
Production of documents for approval of instrument—the Act, Sch 2, cl 10
43B Production of documents for approval of instrument—the Act, Sch 2, cl 10
43B Production of documents for approval of instrument—the Act, Sch 2, cl 10
(1) This section applies to an instrument lodged with the Minister for approval under the Act, Part 4.
(2) The Minister may, by written order, direct a person to give the Minister, or to make available for inspection by the Minister or a person specified by the Minister, documents in possession or under the control of the person that relate to an instrument or transaction to which the instrument relates.
(3) A person—
(a) must comply with the direction, and
(b) must not give or make available for inspection documents that are false or misleading.
Maximum penalty—
(a) for a corporation—2,000 penalty units and, for a continuing offence, a further 200 penalty units for each day the offence continues, or
(b) for an individual—400 penalty units and, for a continuing offence, a further 40 penalty units for each day the offence continues.
(4) In this section—
documents includes books, records, maps and plans.
s 43B: Ins 2024 (329), Sch 1[6]. Am 2025 (675), Sch 1[50].
43BA
Information concerning unlicensed pipelines
43BA Information concerning unlicensed pipelines
43BA Information concerning unlicensed pipelines
(1) For the Act, Schedule 2, clause 10(a), the Minister may, by written direction, require a person operating a pipeline of a kind referred to in the Act, section 5(1)(a)–(h) to give the Minister information specified in the direction relating to the design, construction, operation or maintenance of the pipeline.
(2) A person must comply with a direction given under this section.
Maximum penalty—
(a) for a corporation—2,000 penalty units and, for a continuing offence, a further 200 penalty units for each day the offence continues, or
(b) for an individual—400 penalty units and, for a continuing offence, a further 40 penalty units for each day the offence continues.
s 43BA: Ins 2025 (675), Sch 1[51].
43C
Evidence at inquiry—the Act, s 31A(4)
43C Evidence at inquiry—the Act, s 31A(4)
43C Evidence at inquiry—the Act, s 31A(4)
(1) A body or person (the examiner) conducting an inquiry or examination may, by written order served on a person, require the person to do one or more of the following—
(a) give information in the person’s possession or control to the examiner,
(b) give evidence on matters the subject of the inquiry or examination before the examiner at times and places specified in the order,
(c) bring information in the person’s possession or control before the examiner at times and places specified in the order.
(2) The order must—
(a) specify a reasonable time by which information or documents must be given, and
(b) describe information and documents either specifically or generally.
(3) A person must comply with an order under subsection (1).
Maximum penalty—
(a) for a corporation—2,000 penalty units, or
(b) for an individual—400 penalty units.
(4) In this section—
information includes documents, books and other papers.
s 43C: Ins 2024 (329), Sch 1[6].
43D
Evidence on oath at inquiry—the Act, s 31A(4)
43D Evidence on oath at inquiry—the Act, s 31A(4)
43D Evidence on oath at inquiry—the Act, s 31A(4)
(1) For the Act, section 31A(4)(a), the examiner may, subject to the Oaths Act 1900, section 13, require evidence referred to in section 43C(1)(b) to be given—
(a) on oath, and
(b) in writing or orally.
(2) The following persons may administer the oath—
(a) for an inquiry or examination conducted by a body—the person presiding at the inquiry or examination,
(b) for an inquiry or examination conducted by a person—the person.
s 43D: Ins 2024 (329), Sch 1[6].
43E
False or misleading evidence at inquiry—the Act, s 31A(4)
43E False or misleading evidence at inquiry—the Act, s 31A(4)
43E False or misleading evidence at inquiry—the Act, s 31A(4)
(1) A person must not give information or evidence referred to in section 43C(1) that is false or misleading.
Maximum penalty—
(a) for a corporation—2,000 penalty units, or
(b) for an individual—400 penalty units.
(2) It is a defence to a prosecution under subsection (1) if the defendant establishes the defendant—
(a) believed the truth of the information or evidence given by the defendant, and
(b) gave the information or evidence in good faith.
s 43E: Ins 2024 (329), Sch 1[6].
43F
Failure to comply with direction of Minister or Secretary
43F Failure to comply with direction of Minister or Secretary
43F Failure to comply with direction of Minister or Secretary
For the Act, section 58A(4)(d), a person must comply with a direction given under the Act, section 58A other than a direction referred to in this regulation, section 39(7)(a).
Maximum penalty—
(a) for a corporation—10,000 penalty units and, for a continuing offence, a further 1,000 penalty units for each day the offence continues, or
(b) for an individual—2,000 penalty units and, for a continuing offence, a further 200 penalty units for each day the offence continues.
s 43F: Ins 2025 (675), Sch 1[52].
44
Service
44 Service
44 Service
The Act, section 58 applies in relation to the giving of a document under this regulation in the same way as it applies in relation to the service of a document under the Act.
44A
Notification of extinguishment of easements after variation of licence area
44A Notification of extinguishment of easements after variation of licence area
44A Notification of extinguishment of easements after variation of licence area
(1) For the Act, Schedule 2, clause 9(c), if the Minister makes a declaration under the Act, section 21A(1) to extinguish an easement or restriction over certain land in a licence area, the licensee must, no later than 28 days after the Minister’s declaration—
(a) notify the owner of the land for which the easement or restriction is related, and
(b) request the Registrar-General to notify the extinguishment of the easement or the cessation of the effect of the restriction on the relevant folio of the Register.
Maximum penalty—30 penalty units and, for a continuing offence, a further 3 penalty units for each day the offence continues.
Attempt to defraud in execution of instruments prohibited—the Act, Sch 2, cl 15
44B Attempt to defraud in execution of instruments prohibited—the Act, Sch 2, cl 15
44B Attempt to defraud in execution of instruments prohibited—the Act, Sch 2, cl 15
(1) A party to a relevant instrument of transfer must not, with intent to defraud, execute the instrument unless the instrument fully sets out—
(a) the consideration for the instrument, and
(b) other facts and circumstances affecting the amount of stamp duty payable for the instrument.
Maximum penalty—
(a) for a corporation—2,000 penalty units, or
(b) for an individual—400 penalty units.
(2) In this section—
relevant instrument of transfer means—
(a) an instrument of transfer of a licence referred to in the Act, section 42(3)(a), or
(b) an instrument of transfer of legal or equitable interest as referred to in the Act, section 45.
s 44B: Ins 2025 (675), Sch 1[53].
44C
Penalty for late payment of licence fees
44C Penalty for late payment of licence fees
44C Penalty for late payment of licence fees
For the Act, section 37(3), the additional amount is calculated as 1% of the licence fee for each day after the fee is due and unpaid.
s 44C: Ins 2025 (675), Sch 1[53].
45
Savings
45 Savings
45 Savings
Any act, matter or thing that, immediately before the repeal of the Pipelines Regulation 2013, had effect under that regulation continues to have effect under this regulation.
46
Penalty notices
46 Penalty notices
46 Penalty notices
(1) For the Act, section 66(2)—
(a) each offence created by a provision specified in Schedule 4 is an offence for which a penalty notice may be issued, and
(b) the amount payable for the penalty notice is the amount specified opposite the provision.
(2) If the provision is qualified by words that restrict the operation of the provision to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—
(a) the limited kind of offence, or
(b) an offence committed in the limited circumstances.
s 46: Rep 2024 (329), Sch 1[7]. Ins 2025 (675), Sch 1[54].
Plan No [number] (This is Sheet [sheet number] of a [number] Sheet Instrument)
Plan of pipeline from [place] to [place] containing [number] plan sheets as certified on [date]
| Part 1 |
| Full name and address of applicant for licence or variation of licence in whose favour all lands and easements over lands have been acquired or are intended to be acquired | |
| Part 2 |
| Details of lands or easements over lands acquired or intended to be acquired | See schedule to this part |
| Schedule |
| Land or easement (related to relevant Sheet No of within-mentioned plan) | Reference to title and land description (including County and Parish) | Name of owner | *Details(Registered No or description of any instrument referred to in the Pipelines Regulation 2023, Schedule 2, section 6(d)) |
| 1 | | | |
| 2 | | | |
| 3 | | | |
| Etc | | | |
| Part 3 |
| Identities of easements referred to in abovementioned plan | (Grouped by categories as prescribed by the Pipelines Regulation 2023, Schedule 2, section 7) |
| 1 | |
| 2 | |
| 3 | |
| Etc | |
| Part 4 |
| Terms of easements referred to in Part 3 | (Set out the text of each easement as prescribed by the Pipelines Regulation 2023, Schedule 2, section 8) |
| 1 | |
| 2 | |
| 3 | |
| Etc | |
| Part 5 |
| Details of lands to be excluded or easements to be extinguished | (See schedule to this part) |
| Schedule |
| Land or easement (related to relevant Sheet No of within-mentioned plan) | Reference to title and land description (including County and Parish) | Name of owner of subject lands | *Details(Registered No or description of any instrument referred to in the Pipelines Regulation 2023, Schedule 2, section 9(d)) |
| 1 | | | |
| 2 | | | |
| 3 | | | |
| Etc | | | |
[Signature of applicant]
* If land is to be vested in the applicant under the Pipelines Act 1967, section 21, insert “To be acquired under Pipelines Act”. If lands or easements are to be acquired by other means, specify the other means.
Full and free right, at all times and from time to time, to the person in whose favour the easement is created, its successors or assignees, its or its successor’s or assignee’s employees, and all other persons authorised by it or them to act on its or their behalf to do the following in relation to the land indicated as the servient tenement—
(a) enter the land with or without vehicles, plant or equipment,
(b) lay, construct, repair, maintain, renew, use, operate and remove a pipeline, apparatus or works under the Pipelines Act 1967 through, in or on the land,
(c) cause or permit substances to flow or be conveyed through the pipeline,
(d) do anything incidental to anything in paragraphs (a)–(c).
Full and free right, at all times and from time to time, for the person in whose favour the easement is created, its successors and assignees, its or its successor’s or assignee’s employees, and all other persons authorised by it or them to act on its or their behalf to enter, with or without vehicles, plant and equipment, the land indicated as the servient tenement for any of the following purposes—
(a) to access land for the purposes of constructing, using or operating a pipeline, apparatus or work under the Pipelines Act 1967, including for the purposes of inspecting, maintaining, repairing, reconstructing and removing the pipeline, apparatus or work,
(b) a purpose connected with or incidental to anything in paragraph (a).
Schedule 2
Requirements for instruments to accompany plans
Schedule 2 Requirements for instruments to accompany plans
Schedule 2 Requirements for instruments to accompany plans
This regulation replaces the Pipelines Regulation 2013, which is repealed on 1 September 2023 by the Subordinate Legislation Act 1989, section 10(2).
3 Interpretation
3 Interpretation
3 Interpretation
(1) In this regulation—
AS 2885 means AS/NZS 2885, Pipelines—Gas and liquid petroleum, published by Standards Australia as in force from time to time.
auditor, in relation to a licensee, means an auditor appointed under section 12 for the pipeline management system of a licensee’s pipeline.
cyber security direction—see section 38A(1),
examiner—see section 43C(1).
financial year means a year ending on 30 June.
hazardous event means an event that causes, or has the potential to cause, one or more of the following—
(a) physical injury to a person,
(b) damage to the health of a person,
(c) damage to property or the environment.
licence operations property means property brought into a licence area or relinquished area by a person engaged or involved in the operations authorised by the licence.
licensee for a pipeline means the licensee for a pipeline operated under the licence.
person in charge of a pipeline—means the person appointed under section 24 for the pipeline.
pipeline management plan means written plans, policies and procedures that—
(a) relate to a pipeline, and
(b) describe, and form part of, the pipeline management system for the pipeline.
pipeline management system has the same meaning as in AS 2885.
pipeline signs—see section 40(1)(b).
Regulates easement instruments and the cadastral and plan information required with licence and variation applications, including detailed instrument schedules and prescribed form content (s 4, s 6, Schs 1 and 2).
Confers powers on the Minister and Secretary to direct compliance and to issue cyber security directions to licensees, which are made a condition of licence (s 17, s 19, s 38A-38B).
Prescribes fees, including a CPI-indexed “fee unit” mechanism used to calculate many application and registration fees (Sched 3, Part 1 and Part 2 tables).
Provides enforcement mechanisms, monetary penalties and penalty notice amounts for a selection of offences listed in Schedule 4, and recovery powers where the Minister removes or disposes of licence operations property (s 26C-26D, s 46, Sch 4).
The regulation excludes from certain Parts water supply, drainage or waste pipelines and mine water pipelines where those pipelines fall within the Act, s 5(1)(d) and are authorised by licence (s 8, s 28). The text contains amendment and insertion notes for multiple provisions, indicating the instrument has been actively amended in 2024 and 2025 (see amendment entries beside many sections).
The instrument therefore translates statutory duties in the Act into prescriptive administrative steps, technical standard references, timed reporting obligations and specified fee and penalty structures, while also creating administrative discretion for the Secretary and Minister to require further information, change auditors, and issue directions including for cyber security.
Main concepts
The regulation is organised around a handful of binding concepts and defined terms that structure duties, administrative flows and technical compliance.
AS 2885 and appropriate standard. AS 2885 (AS/NZS 2885) is the touchstone standard for design, construction, operation, maintenance and pipeline management systems for high pressure gas and liquid petroleum pipelines (definition in s 3, operation in s 9 and s 11). Where pipelines are not the high-pressure types the regulation permits AS 2885 or a standard approved by the Secretary for the licensee (s 9(2)). The Secretary’s approval is revocable (s 10).
Pipeline management system and pipeline management plan. The pipeline management system is defined to have the same meaning as in AS 2885 (s 3). Licensees must implement a pipeline management system and ensure it conforms to AS 2885 (s 11). The pipeline management plan is the written material, including policies and procedures, that form part of that system (s 3). Plans must be given to the Secretary within six months of commencing operations, kept at the principal office and published with redactions where appropriate (s 15, s 20).
Auditor and audits. An auditor is a person appointed under s 12 to audit the pipeline management system. Appointment timing, independence and competence are prescribed (s 12). Auditors conduct regular audits and prepare reports certifying that measures to prevent and mitigate hazardous events remain in place, that trained personnel are available, and that systems conform or remain adequate (s 12A, s 13).
Hazardous event. Defined narrowly in s 3 to mean events causing or having the potential to cause physical injury, damage to health, or damage to property or the environment. Notification requirements are tiered by immediacy, for uncontrolled escapes of substances and for other events (s 31A).
Person in charge. The licensee must appoint a person in charge before starting construction, maintenance or operation, notify the Secretary and update appointments promptly when they change (s 24). Many reporting obligations in Part 4 extend to the person in charge as alternative responsible party (s 33).
Easements and instruments. The regulation prescribes specific form content for instruments and plans that accompany licence and variation applications, with continuity and cadastral requirements, and detailed form templates in Schedule 1 and Schedule 2 (s 6, Schedule 1 and Schedule 2).
Cyber security direction. The Minister may give written cyber security directions requiring actions reasonably necessary to address or prevent cyber security incidents, and compliance is a condition of the licence (s 38A-38B).
Fees and fee units. Schedule 3 prescribes fees for a range of application, registration and information matters. A fee unit is set for 2025-26 and thereafter indexed annually by CPI, with a rounding and floor mechanism (Sched 3 Part 1).
These concepts interact to create obligations on licence holders to design and manage pipelines in accordance with a recognised industry standard, to document and audit management systems, to report specified events with tight timeframes, to meet precise cadastral and instrument content for land acquisition and easements, to accept ministerial or secretarial directions including in cybersecurity, and to pay prescribed fees which rise with CPI for future years.
Who it affects
Primary legal subjects are licence holders for pipelines as defined in the Pipelines Act 1967 and as referenced throughout the regulation. The regulation’s duties and requirements fall predominantly on licensees, but other persons and public authorities are also affected in concrete ways.
Licensees. They carry the principal operational, managerial and financial burdens. Obligations include implementing a pipeline management system consistent with AS 2885 (s 11), providing and publishing pipeline management plans (s 15, s 20), appointing auditors and persons in charge (s 12, s 24), carrying out required reporting (Part 4, e.g. s 31A, s 32, s 34), complying with Secretary or Minister directions including cyber security directions (s 17, s 19, s 38A), maintaining and marking pipelines (s 26A, s 40), and paying fees in Schedule 3.
Auditors. Must be independent and competent (s 12(2)), are appointed by licensees but subject to Secretary rejection or termination (s 12B-12C), and have statutory auditing functions and reporting duties (s 12A, s 13).
Persons in charge. Appointment is mandatory before commencing construction, maintenance or operation (s 24). Reporting obligations in Division 2 of Part 4 extend to the person in charge (s 33).
Landowners and occupiers. The regulation prescribes how licence applications and instruments must identify land and easements with cadastral specificity, and establishes processes for notices and compulsory acquisition (s 4, s 6, s 6A, s 7A). Where easements are extinguished after a variation, the licensee must notify landowners and ask the Registrar-General to note extinguishment on title (s 44A). Landowners may be the subject of fees when compulsory acquisition processes apply to owners (Sched 3 Part 2 Items 2 and 4).
Transport for NSW. Must be served with copies of notifications and instruments related to licence applications and variations within seven days (s 7).
Operators of unlicensed pipelines of particular classes. The Minister may direct persons operating pipelines of the kinds listed in the Act, s 5(1)(a)-(h) to provide technical information about design, construction, operation or maintenance (s 43BA).
The Secretary and Minister. These officials are empowered to decide on approvals of alternate standards (s 10), to direct amendments to management plans (s 17), to issue directions to licensees to ensure compliance with plans (s 19), to give cyber security directions (s 38A), and to require information or documents in connection with instruments or inquiries (s 35A, s 43A-43B, s 43C-43E).
Public authorities responsible for roads and rail. Licensees must obtain approvals before interfering with a public road (s 26) and must place pipeline signs at crossings and other specified points which may implicate local authorities (s 40-41).
Who pays. Financial burdens fall primarily on licensees through fees in Schedule 3 (application, registration, search and certification fees), potential liability for compensation and costs recovered by the Minister when property is removed or sold (s 26D(4)-(6)), and fines and continuing penalties for non-compliance (numerous provisions, e.g. s 9, s 11, s 14).
Who decides. Discretionary decision points are concentrated in the executive: the Secretary decides on acceptance of auditors, approval of alternate standards, timing of reports and approval of variations (s 10, s 12B, s 14(1A)); the Minister may give cyber security directions and issue directions about instruments and removal of property (s 38A, s 43A, s 26C).
Behaviour changes required. Licensees must adopt documented management regimes, appoint independent auditors, institute reporting and emergency notification systems, maintain and mark pipeline routes, engage with landowners on easements and acquisition processes, and implement cyber security safeguards on ministerial direction. Landowners must respond to notices regarding acquisition and extinguishment and may be notified about changes affecting title (s 6, s 6A, s 44A).
Key duties and rights
This section summarises the principal affirmative duties imposed on licensees and the corresponding procedural rights created in the regulation, with direct references to the source.
Duties
Implement and maintain a pipeline management system in accordance with AS 2885, and ensure design, construction, operation and maintenance conform to the appropriate standard (s 9, s 11, s 26A).
Prepare and give a pipeline management plan to the Secretary within six months of commencing operations, or at a later date approved by the Secretary (s 15). Implement the plan and comply with it as a licence condition (s 16).
Appoint an auditor at least 28 days before the licensee must give an audit report to the Secretary, notify the Secretary of the appointment, and ensure the auditor is independent and competent (s 12(1)-(2)). Allow the auditor to carry out regular audits and produce required certifications (s 12A, s 13).
Give audit reports at prescribed intervals: initial report with the management plan and later reports annually by reference to licence anniversary unless the Secretary approves less frequent reporting (s 14).
Amend a pipeline management plan when directed by the Secretary and provide a copy of the amended plan within 14 days (s 17). Licensees may also amend plans on their own initiative but must accompany the amendment with a report and an auditor’s certificate confirming continued conformity to AS 2885 (s 18).
Comply with Secretary directions to take action to comply with requirements or follow procedures set out in the plan (s 19).
Notify the Secretary of hazardous events immediately for uncontrolled escapes and within 21 days for other hazardous events (s 31A). Notify of death or injury immediately if death or injury requires hospital treatment, or otherwise within 21 days (s 32).
Report repairs after escapes or ignitions within seven days, and report specific activities including emergency simulations, major safety reviews and periodic audits within 28 days (s 31, s 37).
Mark and maintain pipeline route signage in accordance with AS 2885 or the rules in s 40-41, and not remove or damage required marks or signs (s 40-41).
Ensure minimal disturbance of existing land use and, so far as practicable, restore affected surfaces, with specified penalties for failures (s 25).
Remove property not used in connection with operation from licence areas and comply with Ministerial directions to remove licence operations property from licence or relinquished areas, subject to removal deadlines or expiry of licence (s 26B, s 26C). Failure to comply may permit Ministerial removal and cost recovery (s 26D).
Rights and procedural protections
Licensees can apply for Secretary approval to use a standard other than AS 2885 for pipelines not covered by the high-pressure category; approvals can be revoked following written notice and a reasonable period for submissions (s 10).
Licensees may amend management plans on their own initiative provided they supply a report and an auditor’s certificate that the amendments do not cause non-conformance with AS 2885 (s 18).
Licensees may redact pipeline management plans published on their websites to exclude information the licensee considers commercial-in-confidence or inappropriate for publication including material that would jeopardise critical infrastructure security and personal information protected by privacy law; however unredacted plans must be supplied to the Secretary or persons involved in implementation within five business days of request (s 20).
Where works need to be carried out in emergencies resulting in permanent alteration, the licensee must give written notice to the Secretary as soon as practicable after completion; emergency works are otherwise excluded from pre-approval requirements (s 21(3), s 22).
The Secretary may permit extensions for audit report timing where the auditor cannot certify a matter, provided the licensee supplies a remedial plan and timeframe (s 14(2)-(3)).
Licence terms explicitly include compliance with cyber security directions; this converts ministerial cyber directions into a licence condition so licensees have the procedural rights and obligations that attach to licence conditions (s 38A, s 38B).
Administrative rights of the Secretary and Minister
The Secretary may reject or terminate an auditor’s appointment, require a specified person to be appointed, and require licensees to replace auditors within 28 days (s 12B-12C).
The Secretary may direct amendments to pipeline management plans or compliance with their requirements by written orders that specify actions and timeframes (s 17-19).
The Minister may issue cyber security directions in writing, specifying required action and the period of effect (s 38A), and may require persons lodging instruments to give information and documents relating to those instruments (s 43A-43B).
Collectively these duties and rights create a compliance architecture built around an industry standard, independent auditing, formal plans, statutory reporting and executive oversight for compliance and security.
Penalties and enforcement
The regulation attaches monetary penalties, continuing offence daily increases, penalty notice mechanisms and administrative enforcement powers to secure compliance. The enforcement framework combines criminal fines with administrative remedies.
Monetary penalties
Many core duties carry prescribed maximum penalties for corporations and individuals. Examples include the design, construction, operation and maintenance obligations under s 9 (10,000 penalty units for a corporation, 2,000 for an individual), the pipeline management system obligation under s 11 (same maxima), and the obligation to give initial audit reports on time with large continuing penalties under s 14(1) (10,000 penalty units and further 1,000 units per day for continuing offences for corporations, 2,000 units and 200 per day for individuals).
Some operational duties carry lower maxima, for example appointment of a person in charge has a maximum penalty of 10 penalty units, while failing to notify a change of appointment within 7 days carries a 5 penalty units maximum (s 24).
Offences relating to the intentional waste or escape of substances from pipelines have high maxima but allow an emergency defence (s 26AA(1)-(2)).
Continuing offences and recoveries
Several provisions carry daily continuing offence penalties, amplifying the cost of ongoing non-compliance. Examples are s 14(1) later reports and s 26B continuing offence penalties for failure to remove property.
The Minister may, where a licensee has failed to comply with a removal direction, publish an order requiring identified persons to remove property and if not complied with the Minister may remove or dispose of property and sell it. The Minister may deduct costs from sale proceeds and recover costs as debts in court from owners or the person directed (s 26D(2)-(6)). No action lies other than for recovery of costs (s 26D(7)).
Penalty notices
The regulation designates specified offences as penalty notice offences in Schedule 4 via s 46. Schedule 4 sets fixed penalty notice amounts for those offences as alternatives to court prosecution. The amounts differ for individuals and corporations and are lower than the maximum penalties available to courts. For example, a penalty notice for an offence under s 14(1) is $22,000 for individuals and $110,000 for corporations per Schedule 4.
Section 46(2) restricts issuance of penalty notices to offences within the limited kinds or circumstances described in the relevant provision.
Administrative directions and obligations
The Secretary and Minister have a suite of direction powers to secure compliance: directing amendment of plans (s 17), directing compliance with plan requirements or procedures (s 19), rejecting or terminating auditors and specifying replacements (s 12B), ordering production of information and documents in connection with instruments (s 43A-43B), and giving cyber security directions (s 38A).
Failure to comply with a direction given under the Act, s 58A (other than s 39(7)(a) type directions) is an offence under s 43F with high maxima (10,000 penalty units for corporations, 2,000 for individuals with continuing offence daily increases).
Other enforcement pathways
The regulation allows the Minister to impose obligations and then to act at the licensee’s expense (e.g. removal and disposal under s 26D). Costs are recoverable as debts, which is an enforcement channel outside the criminal penalty regime.
The Secretary may require additional information or a report and set timeframes; these are enforceable with penalties for non-compliance as specified in the relevant sections (e.g. s 35A, s 43A-43B).
Operational enforcement features and friction points
Many offences provide for differing maximum penalties for corporations versus individuals, and specify continuing offence daily rates. This structure raises the financial consequences of systemic or persistent non-compliance.
The penalty notice schedule provides fixed alternative monetary amounts for select offences, enabling administrative resolution without court hearings for those designated items, but it applies only to the offences listed in Schedule 4 and to limited circumstances described in the relevant sections (s 46).
The Secretary and Minister have powers to direct appointment and replacement of auditors and to require production of documents, which can affect operational continuity for licensees and introduce administrative compliance costs.
Overall, enforcement is a mix of criminal fines, continuing penalties, recoverable administrative costs and fixed penalty notices, combined with executive directions that are themselves enforceable offences if not followed.
How it interacts with other laws
The regulation is deliberately interlaced with external statutes, industry standards and procedural frameworks. The text explicitly references and integrates other legal instruments in several ways.
Interaction with the Pipelines Act 1967 and the Acquisition Act
The regulation operationalises numerous provisions of the Pipelines Act 1967 by specifying procedures, forms and conditions that licences and applications must meet, and it explicitly refers to the Act as “the Act” in the definitions (s 3). Many sections are framed as “For the Act, section X” implementing requirements under the Act (for example s 4 for s 5E(2) of the Act, s 6 for ss 13, 13A and 18).
Section 38 recasts particular references in the Land Acquisition (Just Terms Compensation) Act 1991 (the Acquisition Act) to make that Act operate in acquisition contexts as if references to the State or Minister were read as references to the licensee or the Minister administering the Pipelines Act, and to map payments and compensation procedures into the pipeline licensing context (s 38).
Interaction with planning, land and conveyancing law
Application and plan requirements cross‑reference the Conveyancing Act 1919 for plan preparation standards and require plans to be prepared as if deposited plans for registration (s 6(1)). Plans must identify parcels using parish, county and local government area, and folio identifiers under the Real Property Act 1900 (s 4(2), s 6(6) and Sch 2 provisions).
The regulation requires evidence of planning approvals or exempt development under the Environmental Planning and Assessment Act 1979 when applicable to surveys and application processes (s 4(5)(a)-(b)).
The schedule of instrument form and content in Schedule 2 requires land descriptions and references that will interact directly with Land and Property Information’s registers for transmission to the Registrar-General (Sch 2, and Form 2 in Sch 1).
Interaction with standards and technical law
AS/NZS 2885 is incorporated by reference and made the default appropriate standard for high-pressure gas and liquid petroleum pipelines (s 3, s 9, s 11). The Secretary may approve alternate standards for specific licensees, with revocation process set out (s 10), which creates a regulated pathway for divergence from the standard while preserving administrative oversight.
Interaction with privacy, oath and surveying statutes
Publication of pipeline management plans permits redaction for commercial-in-confidence material and material that would jeopardise critical infrastructure and requires compliance with the Privacy and Personal Information Protection Act 1998 when excluding personal information (s 20).
Evidence powers at inquiries reference the Oaths Act 1900 for administering oaths where an examiner requires evidence on oath (s 43D).
Surveying requirements link to regulations under the Surveying and Spatial Information Act 2002 for standards governing surveys carried out for the Act (s 43).
Administrative law and information powers
The Secretary and Minister have document and information collection powers in connection with instrument approvals (s 43A-43B), examination powers with the ability to compel information and documents and require attendance to give evidence (s 43C-43E), and directions to require removal of property or to secure compliance (s 26C-26D). These powers interact with administrative law principles and may be subject to judicial review where exercised, but the regulation itself prescribes procedural aspects like written orders and reasons for auditor rejections (s 12B).
Fee and CPI interaction
Schedule 3’s fee unit indexation is tied to the Consumer Price Index published by the Australian Bureau of Statistics and requires the Secretary to notify Parliamentary Counsel and publish the fee unit annually (Sched 3, Part 1). This creates an automatic interaction with federal statistical outputs for fee calculation.
Local government and road use
The licence obligation not to interfere with public roads unless approved by the responsible public or local authority (s 26) creates a point of contact with local road authorities for permissions and traffic management.
In short, the regulation is a cross-cutting instrument that translates the Pipelines Act’s powers into administrable steps while embedding multiple reference points to planning, land registration, surveying, standards, privacy and administrative procedures in other statutes. Compliance therefore requires licensees to operate across those statutory regimes and to maintain administrative and legal processes to coordinate filings, notices and technical conformity.
Amendment history
The regulation text contains in-line amendment notes that indicate replacement and subsequent insertions and substitutions. The following summarises the amendment material expressly recorded in the text.
Commencement and repeal. The regulation commenced on 1 September 2023 and replaced the Pipelines Regulation 2013 which was repealed on that date under the Subordinate Legislation Act 1989, s 10(2) (s 2 note).
2024 amendments. Several sections were inserted or amended by an instrument cited as 2024 (329), Sch 1. Notable insertions and amendments recorded in the text include:
Section 3: Amended 2024 (329), Sch 1[1].
Sections 26A, 26B, 26C, 40 and various Schedule entries show a notation Ins 2024 (329), Sch 1[...] indicating insertion in 2024 (for example s 26A: Ins 2024 (329), Sch 1[2]; s 26B: Ins 2024 (329), Sch 1[2]; s 40: Ins 2024 (329), Sch 1[4]; Sch 1 Form amendments at s 41: Am 2024 (329), Sch 1[5]; and several Schedule 2 and 3 insertions).
Evidence powers and inquiry-related provisions were inserted in 2024: s 43A-43E are noted as Ins 2024 (329), Sch 1[6].
2025 amendments. A later instrument cited as 2025 (675), Sch 1 appears to have made a substantial number of substitutions, insertions and repeals across the regulation. The amendment footnotes show:
Section 3: further amendment 2025 (675), Sch 1[1].
Many provisions were substituted or inserted in 2025 including s 4, s 6A, s 7A, s 9-19 (various amendments show Am 2025 (675), Sch 1[...] or Subst 2025 (675), Sch 1[...] entries). For example, s 12 was substituted in 2025 (Subst 2025 (675), Sch 1[7]) and s 12A-12C were inserted in 2025 (Ins 2025 (675), Sch 1[7]).
Reporting provisions across Part 4 were amended or inserted in 2025, for example s 31A, s 32 amended or inserted in 2025, and s 35A inserted 2025 (Ins 2025 (675), Sch 1[41]).
Schedule 3 fees were substituted in 2025 (sch 3: Subst 2025 (675), Sch 1[55]).
Schedule 4 penalty notice offences were inserted in 2025 (sch 4: Ins 2025 (675), Sch 1[56]).
Repeals: s 30 is recorded as repealed 2025 (675), Sch 1[33].
Section-specific amendment notes. Many sections include line notations, for example:
s 4: Am 2025 (675), Sch 1[2].
s 6A: Ins 2025 (675), Sch 1[3].
s 7A: Ins 2025 (675), Sch 1[4].
s 9: Am 2025 (675), Sch 1[5].
s 11: Am 2025 (675), Sch 1[6].
s 13: Am 2025 (675), Sch 1[8].
s 14: Am 2025 (675), Sch 1[9]-[11].
And many other amendment notes throughout the text, particularly in Part 3 and Part 4 where quality of operations, auditing, reporting and cyber security provisions were updated.
The in-text amendment markers are the only amendment history present in the provided material. They identify the amending instruments by year and a numeric citation (for example 2024 (329) or 2025 (675)) and the schedule and paragraph numbers where inserted or amended. The regulation itself does not reproduce the full amending instruments, nor does it provide explanatory memoranda in the printed text supplied, so this summary is limited to the explicit amendment footnotes contained in the regulation as provided.
Litigation history
The regulation text supplied does not include any judicial decisions, case citations, or references to litigation. No cases are named in the instrument. The absence of a litigation history in the regulatory text is not unusual; subordinate legislation typically does not collate judicial responses or disputes.
Implications for practitioners and affected parties. Because the regulation creates a dense administrative and technical compliance structure, litigation or disputes that could reasonably be anticipated based on the instrument’s provisions would likely arise in the following concrete legal areas, although no precedent appears in the regulation itself.
Administrative law challenges. Executive powers in this instrument are numerous: the Secretary’s power to approve or revoke standards, to reject or terminate auditors, to direct amendments to plans and to require further information (s 10, s 12B, s 17, s 35A, s 43A-43B). These decision points are classic candidates for judicial review on procedural fairness, reasonableness or jurisdictional error, particularly where refusals or specified-person appointments are imposed.
Enforcement and penalty disputes. The instrument prescribes significant monetary penalties including continuing offence daily penalties and fixed penalty notices. Challenges may arise as to whether conduct falls within an offence description or whether penalty notice regimes were correctly applied. For example, the interplay between maximum penalties in the regulation and Schedule 4 penalty notice fixed amounts may be fertile ground for procedural disputes.
Property and acquisition disputes. The regulation prescribes detailed processes to acquire, extinguish or deal with easements and contains mapping to the Acquisition Act (s 38). Disputes over whether an applicant took “all reasonable steps” to agree terms with landowners under s 6A, or over the Minister’s exercise of extinguishment powers or recovery of removal costs (s 26C-26D), could lead to litigation under property and compensation law.
Evidence and inquiry powers. The regulation contains compulsion powers for examiners to require documents and evidence and makes false or misleading evidence an offence (s 43C-43E). Disputes could arise over the scope of compelled disclosure, claims of privilege, or the administration of oaths under the Oaths Act (s 43D).
Cyber security directions. Statutory cyber directions are new and may prompt litigation over legality, proportionality and reasonableness where a direction imposes significant operational change or costs on a licensee (s 38A-38B).
Because no litigation history is recorded in the text, practitioners will need to track subsequent court decisions or administrative reviews to build precedent in these areas. For present work, rely on the instrument’s clear procedural text and the administrative law framework governing executive power reviews where necessary.
Gotchas
The regulation contains several specific operational traps and timing pressures that can produce compliance risk and unexpected financial exposure.
Tight timing for audits and appointments. Licensees must appoint an auditor at least 28 days before an audit report is due, and notify the Secretary of the appointment (s 12(1)). Failure attracts penalties and, if the Secretary rejects or terminates the appointment, the licensee has only 28 days to appoint the person specified or another person (s 12B-12C). Practitioners must diarise these windows strictly to avoid overlapping penalties and to manage continuity of audit coverage.
High continuing offence exposure. Several provisions impose daily continuing penalties once an offence persists. For example s 14(1) imposes very large continuing penalties for failing to give the initial report on time, and s 26B and s 26C have continuing penalty components for removal or failure to remove property. Ongoing non-compliance can therefore generate rapidly compounding liabilities.
Auditor independence and Secretary control. Licensees select auditors but the Secretary has authority to reject or terminate appointments and to require specific appointees (s 12B(2)). This creates a potential compliance discontinuity if the Secretary exercises the power at short notice, and may force a licensee to allocate time and resources to replacing auditors within statutory windows (s 12C).
Cyber security directions are license conditions. Cyber security directions issued by the Minister are enforceable and compliance is a licence condition (s 38A-38B). Licensees face operational and cost uncertainty since the Minister may issue directions requiring actions “reasonably necessary” to respond or prevent incidents, and a statutory maximum penalty attaches to non-compliance. The scope of “reasonably necessary” will be a practical issue, particularly for smaller operators with limited IT resources.
Publication versus disclosure tensions. The regulation permits redaction of pipeline management plans on websites for commercial-in-confidence reasons and security concerns, but unredacted copies must be supplied to persons involved in implementation and to the Secretary within five business days of request (s 20). Licence holders must therefore have internal processes and secure document management ready to support rapid disclosure while protecting sensitive information.
Fee calculations can be material and rise with CPI. Schedule 3 uses a fee unit mechanism indexed to CPI with rounding rules and a floor preventing reduction below the previous year (Sched 3, Part 1). Items such as licence application fees calculated per km or per parcel, and per-owner fees when compulsory acquisition applies (Sched 3 Part 2 items 2 and 4), can create large up-front costs for multi-parcel projects. Practitioners should model fees against route design and number of landowners.
Prescribed form content and cadastral specificity. Instrument and plan requirements require precise cadastral data and grouping of easements by terms and categories (s 6, Sch 2). Incomplete or incorrectly formatted instruments risk rejection or delay; attention to Form 2, Sch 1 and the Sch 2 checklist is necessary.
Emergency defences are limited and qualified. For example s 26AA creates a defence to intentional waste or escape if the escape responds to an emergency and the licensee did not negligently or recklessly cause or increase the escape. The defence is fact-specific and limited; licensees should ensure incident reporting and evidence preservation where emergency responses are used.
Overlap with other approvals and authorities. The regulation requires copies of certain notifications to be served on Transport for NSW within seven days (s 7). Separate approvals from road authorities for road interference are required (s 26). Failure to coordinate these processes can produce simultaneous breaches in multiple regimes.
Ministerial and Secretary discretionary powers have broad reach. For example the Secretary may order amendments to management plans for any reason beyond risk of hazardous events (s 17(3)). While the direction must be in writing and set timeframes, the substantive discretion is broad and may impose unanticipated remedial works or procedures.
Practitioners should treat these items as compliance friction points requiring documented processes, internal controls, financial provisioning and close coordination with technical, legal and land acquisition advisers.
How to comply
This section gives a practical compliance checklist tied to the regulation’s statutory references. It focuses on concrete steps, timing and documentation that licence holders and applicants should implement.
Governance and responsibilities
Appoint a person in charge before commencing construction, maintenance or operation, record their name, address and their written acknowledgement, and give written notice to the Secretary (s 24). Keep appointment records and have a replacement process to meet the 7 day notification obligation if the person ceases (s 24(2)).
Ensure board or executive-level oversight of pipeline management system compliance and budget for audit, reporting, plan publication, signage and fee payment obligations.
Pipeline management system and plans
Implement a pipeline management system consistent with AS 2885 (s 11) and prepare a pipeline management plan that documents policies, procedures and responsibilities in accordance with AS 2885 and the pipeline management system definition (s 3, s 15).
Submit the pipeline management plan to the Secretary within six months after commencement of operations, or obtain written extension from the Secretary (s 15). Maintain electronic and hard copy versions at the principal office (s 20(1)(a)).
Maintain historical plan versions and a change log to support any Secretary direction to amend the plan, and to supply auditor certificates for amendments on the licensee’s initiative (s 17-18).
Auditors and audits
Identify suitable independent and competent auditors early, ensure they meet independence criteria, and appoint them at least 28 days before the date an audit report must be given to the Secretary (s 12(1)-(2)). Notify the Secretary in writing of the appointment (s 12(1)).
Build audit timing into operational calendars to deliver the initial report with the management plan (s 14(1)) and subsequent reports no later than 28 days after licence anniversary unless a different schedule is approved in writing by the Secretary (s 14(1A)).
Ensure that audit reports from the auditor certify the matters required by s 13 including measures to prevent hazardous events, protection measures, availability of trained personnel and conformity with AS 2885.
Reporting and incident response
Establish an incident response protocol that maps to statutory notification requirements:
Uncontrolled escape of a substance: notify the Secretary immediately by calling the approved telephone number and sending an email to the approved email address (s 31A(1)(a), s 29).
Other hazardous events: give notice within 21 days of becoming aware (s 31A(1)(b)).
Death or injury: notify immediately if hospital treatment is required, otherwise within 21 days, using the approved telephone number and email for immediate matters (s 32).
Repairs after an escape or ignition: within 7 days after completing repairs give a written report specifying time, place, quantity, damage, causes, repairs and methods used (s 31).
Maintain an up-to-date approved telephone number and approved email address records as required by the Secretary and ensure personnel are trained on the call-and-email requirement for immediate notifications (s 29, s 31A(2), s 32(4)).
Plan publication and confidentiality
Publish redacted copies of pipeline management plans on the licensee’s website, scrubbing material the licensee considers commercial-in-confidence, security-sensitive or personal information within the meaning of the Privacy and Personal Information Protection Act 1998 (s 20(1)(b)). Keep unredacted copies available and supply them within five business days to the Secretary or persons involved in implementation (s 20(2)).
Implement secure document control systems and a disclosure protocol to respond to requests for unredacted plans promptly and securely.
Signage and route marking
Mark and maintain pipeline route signs in accordance with AS 2885 for high-pressure pipelines, otherwise comply with the locations and sign content requirements in s 40-41. Keep signage legible, double-sided, and include operator name and emergency contact information (s 40(1), s 41(2)).
Inspect signs regularly and include signage condition in annual reports and surveillance programs required by s 35.
Easements, plans and instruments
Prepare application plans and instruments in accordance with the Conveyancing Act and the Sch 2 requirements, making sure all parcels are listed in continuous geographic sequence with parish, county, local government area and folio identifiers where applicable (s 4(2), s 6(1), Sch 2 items 6 and 9).
Where compulsory acquisition of land or easements is involved, gather evidence that all reasonable steps were taken to enter into an agreement with landowners before application as required by s 6A and have regard to the Pipelines Compulsory Acquisition Guidelines where applicable (s 6A, s 7A).
For any ministerial declaration extinguishing easements, notify the landowner and request the Registrar-General to note the extinguishment on the relevant folio within 28 days of the declaration (s 44A).
Alterations, maintenance and emergency works
For permanent alterations that are not emergency works, apply to the Secretary for written approval for major works, and give written notice with detailed descriptions and requested additional information for other works as required (s 21).
For emergency alterations that produce permanent change, notify the Secretary as soon as practicable after the work is completed (s 22), and ensure records explaining the emergency response and repair methods are kept for reporting obligations (s 31).
Maintain the pipeline in good condition and repair as a standing duty (s 26A).
Cyber security, information and inquiries
Recognise that cyber security directions are enforceable license conditions; maintain an incident response plan and IT security controls that can be scaled to meet ministerial directions (s 38A-38B). Ensure liaison lines with the Secretary and Minister’s offices are defined for rapid response.
Be prepared to provide additional information in relation to annual reports only if the Minister or Secretary is satisfied the annual report is insufficient, since s 35A imposes a threshold for additional information directions.
Where instruments have been lodged, expect that the Minister may direct production of documents or further information (s 43A-43B). Maintain document retention and discovery protocols to meet such directions.
Fees, payment and financial provisioning
Calculate fees required by Schedule 3 using the fee unit value for the relevant financial year and the specific fee formulas and per-kilometre or per-parcel components in the table (Sched 3 Part 2). Track the Secretary’s annual publication of the fee unit derived from CPI and model fees accordingly (Sched 3 Part 1).
Budget for potential additional fees in compulsory acquisition contexts where per-owner fees may apply (Sched 3 items 2 and 4).
Record keeping and annual reporting
Prepare annual reports for each financial year and file them within two months after the end of the financial year unless the Secretary approves otherwise (s 34). Include the matters listed in s 35 such as land ownership changes, community awareness measures, surveillance results, integrity inspections and unplanned incidents.
Keep surveillance, inspection and audit records to support annual report content and to respond to Secretary or Minister directions for additional information (s 35, s 35A).
Legal and regulatory liaison
Maintain a legal engagement plan for timely responses to Secretary/Minister directions, inquiries and potential disputes arising out of land acquisition, auditor appointments, or enforcement actions.
Coordinate early with Transport for NSW and local road authorities regarding notifications and road interference permissions required by s 7 and s 26.
Templates and forms
Use the prescribed forms in Schedule 1 (Forms 1-4) and ensure instruments accompanying plans comply with Schedule 2 requirements including grouping easements and providing text or registration numbers as required (s 6, Sch 1, Sch 2).
By turning these steps into standard operating procedures, licensees can reduce the risk of missed reports, late audits, rejected applications, ministerial directions and escalating enforcement costs.
Applications for authorities to survey—the Act, s 5E(2)
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
(2) In this regulation, a reference to a form is a reference to a form set out in Schedule 1.
s 3: Am 2024 (329), Sch 1[1]; 2025 (675), Sch 1[1].
Part 2 Applications—authorities and licences
Part 2 Applications—authorities and licences
Part 2 Applications—authorities and licences
4 Applications for authorities to survey—the Act, s 5E(2)
4 Applications for authorities to survey—the Act, s 5E(2)
4 Applications for authorities to survey—the Act, s 5E(2)
(1) An application for an authority to survey must be made by—
(a) addressing the application to the Secretary, and
(b) lodging the application at an office of the Department.
(2) The land to which an application relates must be specified in a schedule to the application that—
(a) lists the parcels of the land in a continuous geographical sequence, and
(b) identifies each parcel of the land by—
(i) the parish, county and local government area in which the land is situated, and
(ii) the folio identifier for the land, if any, in the Register kept under the Real Property Act 1900, and
(c) identifies any part of the land that is—
(i) reserved or dedicated under the Crown Land Management Act 2016, or
(ii) subject to an authority or mineral claim under the Mining Act 1992.
(3) An application must be accompanied by maps that clearly show—
(a) the land to which the application relates and the boundaries of each parcel of the land, and
(b) the approximate route of the pipeline, and
(c) the approximate location of proposed apparatus or works.
(4) The maps must be—
(a) cadastral maps published by—
(i) Geoscience Australia, or
(ii) a New South Wales or Commonwealth government department or agency, or
(b) if the cadastral maps are not available—a topographic map, or aerial photograph, of a standard approved by the Secretary.
(5) An application must also be accompanied by—
(a) for an application relating to exempt development—
(i) evidence, in relation to the pipeline, that the proposed development is exempt development within the meaning of the Environmental Planning and Assessment Act 1979, and
(ii) evidence, in relation to the pipeline, that the applicant has notified impacted communities at least 7 days before lodging the application of the applicant’s intention to make the application, or
(b) otherwise—evidence, in relation to the pipeline, that an application has been lodged—
(i) under the Environmental Planning and Assessment Act 1979, section 4.12 or 5.15, or
(ii) under the Environmental Planning and Assessment Regulation 2021, section 173, or
(iii) under another kind of planning application process.
s 4: Am 2025 (675), Sch 1[2].
5 Applications for licences—the Act, s 13(1)(b)
5 Applications for licences—the Act, s 13(1)(b)
5 Applications for licences—the Act, s 13(1)(b)
An application for a licence must be made by—
(a) addressing the application to the Secretary, and
(b) lodging the application at an office of the Department.
6 Plans to accompany applications for licences and variations—the Act, ss 13, 13A and 18
6 Plans to accompany applications for licences and variations—the Act, ss 13, 13A and 18
6 Plans to accompany applications for licences and variations—the Act, ss 13, 13A and 18
(1) A relevant plan must be prepared—
(a) in accordance with regulations made under the Conveyancing Act 1919, and
(b) as if it were a deposited plan to be lodged by hand for registration in the office of the Registrar-General.
(2) If easements are intended to be acquired—
(a) the easements must be identified on the relevant plan, and
(b) the easements must also identified on the panel on the plan sheet for the relevant plan by reference to the way in which the easements are identified on the relevant plan, and
(c) a statement, in Form 1, must be included on the panel.
(3) A relevant plan must be accompanied by an instrument—
(a) in Form 2, and
(b) that complies with the requirements of Schedule 2.
(4) In this section—
relevant plan means a plan referred to in the following provisions of the Act—
(a) section 13(1)(d),
(b) section 13A(4)(a), (5)(a) or (6),
(c) section 18(4)(a), (5)(a) or (6).
6A Evidence about land and easements to accompany licences and variations
6A Evidence about land and easements to accompany licences and variations
6A Evidence about land and easements to accompany licences and variations
(1) For the Act, section 13(1)(gb), an application in relation to land or easements available for compulsory acquisition under the Act, section 22(1)(d)(ii) must be accompanied by evidence that the applicant has taken all reasonable steps to enter into an agreement with the owner to acquire the land or easements.
(2) For the Act, section 18(4)(db), an application for a variation of a licence, other than a minor variation, to include additional land or easements in the licence area, being land or easements available for compulsory acquisition under the Act, section 22(1)(d)(ii), must include evidence that the applicant has taken all reasonable steps to enter into an agreement with the owner to acquire the land or easements.
s 6A: Ins 2025 (675), Sch 1[3].
7 Transport for NSW must be served with notifications and instruments—the Act, ss 13, 13A, 13B and 18
7 Transport for NSW must be served with notifications and instruments—the Act, ss 13, 13A, 13B and 18
7 Transport for NSW must be served with notifications and instruments—the Act, ss 13, 13A, 13B and 18
(1) For the Act, section 13(4), a copy of the notification must be served on Transport for NSW no later than 7 days after the day on which the application for the licence is made.
(2) For the Act, section 13A(8), a copy of the notification must be served on Transport for NSW no later than 7 days after the day on which the application for the variation is made.
(3) For the Act, section 13B(3), a copy of the instrument must be served on Transport for NSW no later than 7 days after the day on which the instrument is served on the Minister.
(4) For the Act section 18(8), a copy of the notification must be served on Transport for NSW.
7A Availability of certain land etc for compulsory acquisition
7A Availability of certain land etc for compulsory acquisition
7A Availability of certain land etc for compulsory acquisition
(1) For the Act, section 22(4)(a) and (c), reasonable steps include acting in a way that is reasonably consistent with the Pipelines Compulsory Acquisition Process Guidelines.
(2) For the Act, section 22(4)(b), the Minister must consider—
(a) whether the applicant has acted in a way consistent with the Pipelines Compulsory Acquisition Guidelines, and
(b) other matters the Minister considers relevant.
(3) In this section—
Pipelines Compulsory Acquisition Guidelines means the Pipelines Compulsory Acquisition Process Guidelines as published on the Department’s website from time to time.
s 7A: Ins 2025 (675), Sch 1[4].
Part 3 Pipelines
Part 3 Pipelines
Part 3 Pipelines
Division 1 Preliminary
Division 1 Preliminary
Division 1 Preliminary
8 Application of part to water supply, drainage or waste, or mine water pipeline
8 Application of part to water supply, drainage or waste, or mine water pipeline
8 Application of part to water supply, drainage or waste, or mine water pipeline
Divisions 2–5 do not apply to a pipeline if the pipeline—
(a) is a pipeline referred to in the Act, section 5(1)(d), and
(b) is authorised by a licence.
Division 2 Application of standards—the Act, s 69(1)(a)
Division 2 Application of standards—the Act, s 69(1)(a)
Division 2 Application of standards—the Act, s 69(1)(a)
9 Design, construction, operation and maintenance pipeline
9 Design, construction, operation and maintenance pipeline
9 Design, construction, operation and maintenance pipeline
(1) The licensee for a pipeline must ensure the following are in accordance with the relevant provisions of the appropriate standard—
(a) the design of the pipeline,
(b) the construction of the pipeline,
(c) the operation of the pipeline,
(d) maintenance carried out on the pipeline.
Maximum penalty—
(a) for a corporation—10,000 penalty units, or
(b) for an individual—2,000 penalty units.
(2) In this section—
appropriate standard means—
(a) for pipelines for high-pressure gas and liquid petroleum—AS 2885, or
(b) otherwise—
(i) AS 2885, or
(ii) a standard approved for the licensee by the Secretary under section 10.
s 9: Am 2025 (675), Sch 1[5].
10 Approval of standard by Secretary
10 Approval of standard by Secretary
10 Approval of standard by Secretary
(1) The Secretary may approve a standard for the purposes of section 9 for a licensee.
(2) The approval may be given on the application of the licensee.
(3) The Secretary may revoke an approval if the Secretary—
(a) has given the licensee written notice about the proposed revocation, and
(b) has specified a reasonably period for the licensee to make submissions about the proposed revocation, and
(c) has considered any submission made during the period.
(4) An approval or revocation takes effect—
(a) when written notice of the approval or revocation is given to the licensee, or
(b) if a later day is specified in the written notice—on the day specified.
Division 3 Pipeline management system
Division 3 Pipeline management system
Division 3 Pipeline management system
11 Licensee must implement pipeline management system
11 Licensee must implement pipeline management system
11 Licensee must implement pipeline management system
The licensee for a pipeline must—
(a) implement a pipeline management system for the pipeline, and
(b) ensure the pipeline management system is in accordance with the relevant provisions of AS 2885.
Maximum penalty—
(a) for a corporation—10,000 penalty units, or
(b) for an individual—2,000 penalty units.
s 11: Am 2025 (675), Sch 1[6].
12 Auditor—appointment
12 Auditor—appointment
12 Auditor—appointment
(1) For the Act, Schedule 2, clause 16, the licensee for a pipeline must, at least 28 days before the licensee must give the Secretary an audit report under section 13—
(a) appoint a person as an auditor, and
(b) give written notice of that appointment to the Secretary.
Maximum penalty—
(a) for a corporation—250 penalty units and, for a continuing offence, a further 25 penalty units for each day the offence continues, or
(b) for an individual—50 penalty units and, for a continuing offence, a further 5 penalty units for each day the offence continues.
(2) A person must not be appointed as an auditor unless the person is—
(a) independent of the licensee, and
(b) competent to exercise the functions of an auditor.
(3) A licensee does not commit an offence under subsection (1) if the Secretary has rejected or terminated the appointment under section 12B.
s 12: Subst 2025 (675), Sch 1[7].
12A Auditor—functions
12A Auditor—functions
12A Auditor—functions
The auditor has the following functions—
(a) to conduct regular audits of the pipeline management system, and
(b) to prepare reports on the audits in accordance with this division.
s 12A: Ins 2025 (675), Sch 1[7].
12B Auditor—Secretary may reject or terminate
12B Auditor—Secretary may reject or terminate
12B Auditor—Secretary may reject or terminate
(1) The Secretary may, by written notice to the licensee—
(a) reject the appointment of an auditor by the licensee if, in the Secretary’s opinion, the appointment is not acceptable, or
(b) terminate the appointment at any time.
(2) The notice—
(a) must give reasons for the rejection or termination of the appointment of the auditor, and
(b) may require that a specified person be appointed as an auditor.
s 12B: Ins 2025 (675), Sch 1[7].
12C Auditor—vacancy
12C Auditor—vacancy
12C Auditor—vacancy
(1) Within 28 days of receiving a rejection notice or termination notice, a licensee must appoint—
(a) the person specified in the notice, or
(b) if no person is specified in the notice—another person.
Maximum penalty for paragraph (a)—
(a) for a corporation—1,000 penalty units and, for a continuing offence,
This is an opening excerpt, not the complete document.