NSWIn ForceAct
Ports and Maritime Administration Act 1995
43CGrant of rights of way under the Petroleum (Onshore) Act 1991
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#### 43C Grant of rights of way under the Petroleum (Onshore) Act 1991
43C Grant of rights of way under the [Petroleum (Onshore) Act 1991](/view/html/inforce/current/act-1991-084)
> > (1) Subject to this section, section 106 of the [Petroleum (Onshore) Act 1991](/view/html/inforce/current/act-1991-084) does not extend to land that is vested in Transport for NSW or Port Authority of New South Wales.
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> > (2) Subsection (1) does not apply if—
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> > > (a) an application is made under section 106 of the [Petroleum (Onshore) Act 1991](/view/html/inforce/current/act-1991-084) for a right of way, and
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> > > (b) Transport for NSW is notified of the application and is furnished with such information with respect to the application as it reasonably requires, and
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> > > (c) Transport for NSW, within one month after being notified of the application or within such further time as the Secretary of the Department of Industry, Skills and Regional Development may specify—
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> > > > (i) notifies that Secretary that Transport for NSW is not prepared to grant to the applicant a right of way in substitution for the right of way applied for, or
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> > > > (ii) notifies that Secretary that Transport for NSW and the applicant are unable to reach agreement as to the terms and conditions on which Transport for NSW will grant such a right of way.
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> **s 43C:** Ins 2016 No 28, Sch 2 \[3\].