Div 4Pipeline licences

Division 4—Pipeline licences 59—Construction etc of pipelines etc (1) A person shall not, in the adjacent area— (a) commence or continue the construction, or the alteration or reconstruction, of a pipeline; or (b) operate a pipeline, except under and in accordance with a pipeline licence. (2) A person shall not, in the adjacent area— (a) commence or continue the construction, or the alteration or reconstruction, of a secondary line or water line; or (b) operate a secondary line or water line, except with and in accordance with a consent in writing of the Minister. (3) A person shall not, in the adjacent area— (a) commence or continue the construction, or the alteration or reconstruction, of a pumping station, tank station or valve station; or (b) operate a pumping station, tank station or valve station, except under and in accordance with a pipeline licence or with and in accordance with a consent in writing of the Minister. (4) A person shall not, in the adjacent area, commence to operate a pipeline, a secondary line or a water line unless— (a) in the case of a pipeline, it has been constructed and tested in accordance with the pipeline licence; and (b) in the case of a secondary line or water line it has been constructed and tested in accordance with a consent in writing of the Minister; and (c) the Minister has certified in writing that he is satisfied that the pipeline, secondary line or water line, as the case may be, has been so constructed and tested and is fit to be operated. (5) A person shall not, in the adjacent area, recommence to operate a pipeline, a secondary line or a water line, the previous operation of which was discontinued, except with and in accordance with a consent in writing of the Minister. (6) The Minister may, for reasons that he thinks sufficient, refuse to give a consent or certificate for the purposes of this section and, where he gives a consent, may attach conditions to it. (7) A person who fails to comply with a provision of this section or with a condition referred to in subsection (6) is guilty of an offence. 60—Acts done in an emergency etc It is not an offence against section 59— (a) if, in an emergency in which there is a likelihood of loss or injury, or for the purpose of maintaining a pipeline, water line, pumping station, tank station, valve station or secondary line in good order or repair, a person does an act to avoid the loss or injury or to maintain the pipeline, water line, pumping station, tank station, valve station or secondary line in good order and repair and— (i) as soon as practicable notifies the Minister of the act done; and (ii) complies with any directions given to him by the Minister; or (b) if a person does an act in compliance with a direction under this Act. 61—Removal of pipeline etc constructed in contravention of Act (a) the construction of a pipeline, water line, pumping station, tank station, valve station or secondary line is commenced, continued or completed in contravention of this Act; or (b) a pipeline, water line, pumping station, tank station, valve station or secondary line is altered or reconstructed in contravention of this Act, the Minister may, by instrument in writing served on the appropriate person, direct him— (c) to make such alterations to the pipeline, water line, pumping station, tank station, valve station or secondary line as are specified in the instrument; or (d) to move the pipeline, water line, pumping station, tank station, valve station or secondary line to a specified place in, or to remove it from, the adjacent area, within the period specified in the instrument. (2) For the purpose of subsection (1), the appropriate person is— (a) if the construction of the pipeline, water line, pumping station, tank station, valve station or secondary line has been completed—the owner of the pipeline, water line, pumping station, tank station, valve station of secondary line; or (b) if the construction of the pipeline, water line, pumping station, tank station, valve station or secondary line has not been completed—the person for whom the pipeline, water line, pumping station, tank station, valve station or secondary line is being constructed. (3) Where a person on whom there has been served an instrument under subsection (1) does not, within the period specified in the instrument or within such further period, if any, as the Minister, on application in writing served on him before the expiration of the firstmentioned period, allows, comply with the direction, the Minister may do all or any of the things required by the direction to be done. (4) Costs and expenses incurred by the Minister under subsection (3) are a debt due by the person referred to in that subsection to the State and are recoverable in a court of competent jurisdiction. 62—Terminal station The Minister may, by instrument published in the Gazette, declare a pumping station, a tank station or a valve station in the adjacent area to be a terminal station. 63—Application for pipeline licence (1) An application for a pipeline licence— (i) the proposed design and construction of the pipeline; and (ii) the proposed size and capacity of the pipeline; and (iii) the proposals of the applicant for work and expenditure in respect of the construction of the pipeline; and (iv) the technical qualifications of the applicant and of his employees; and (v) the technical advice available to the applicant; and (vi) the financial resources available to the applicant; and (vii) any agreements entered into, or proposed to be entered into, by the applicant for or in relation to the supply or conveyance of petroleum by means of the pipeline; and (d) shall be accompanied by a plan, drawn to an approved scale, showing— (i) the route to be followed by the pipeline; and (ii) the sites of pumping stations, tank stations, and valve stations to be used in connection with the pipeline; and (iii) the site of any pumping station, tank station or valve station that the applicant desires to be declared under section 62 to be a terminal station in connection with the pipeline; and (e) may set out any other matters that the applicant wishes the Minister to consider; and (f) shall be accompanied by the prescribed fee. (2) Where a notice is published in the Gazette— (a) of an application by a person other than the licensee for a pipeline licence in respect of the construction of a pipeline for the conveyance of petroleum recovered in a licence area; or (b) of an application by a person other than the pipeline operator under the Commonwealth Act or a corresponding law for a pipeline licence in respect of the construction of a pipeline for the conveyance of petroleum recovered in a licence area of a production licence under the Commonwealth Act or a corresponding law, the licensee or, as the case may be, the pipeline operator under the Commonwealth Act or a corresponding law may, within a period of three months after the date of publication of the notice, or within such further period, not exceeding three months, as the Minister, on application in writing served on him before the expiration of the firstmentioned period of three months, allows, make an application for a pipeline licence referred to in paragraph (a) or (b), as the case requires, and in the application request that the application referred to in the notice be rejected. (a) a notice referred to in subsection (2) is published in the Gazette; and (b) a pipeline licence is granted to the licensee or to the pipeline operator under the Commonwealth Act or a corresponding law on an application under subsection (2), the Minister shall, by instrument in writing served on the applicant, reject the application referred to in the notice. (4) The Minister may, at any time, by instrument in writing served on a person who has made an application under this section, require him to furnish, within the time specified in the instrument, further information in writing in connection with his application. pipeline operator under the Commonwealth Act or a corresponding law has the same meaning as in section 64. 64—Grant or refusal of pipeline licence (1) Where an application for a pipeline licence in respect of the construction in the adjacent area of a pipeline, other than an application referred to in subsections (1a), (2) or (3), is made in accordance with section 63, and the application has not been rejected under section 63(3), the Minister may, by instrument in writing served on the applicant, inform the applicant that the Minister is prepared to grant to the applicant a pipeline licence. (1a) Where an application for a pipeline licence in respect of the construction in the adjacent area of a pipeline is made in accordance with section 63 by a pipeline operator under the Commonwealth Act or a corresponding law, the Minister must, by instrument in writing served on the applicant, inform the pipeline operator that the Minister is prepared to grant to the pipeline operator a pipeline licence. (2) Where an application for a pipeline licence is made in accordance with section 63 in respect of the construction in the adjacent area of a pipeline for the conveyance of petroleum recovered in a licence area in respect of which the applicant is the licensee, the Minister— (a) must, if the conditions to which the licence is, or has from time to time been, subject and the provisions of this Part and of the regulations have been complied with; or (i) any of the conditions to which the licence is, or has from time to time been, subject or any of the provisions of this Part or of the regulations has not been complied with; and (ii) the Minister is, nevertheless, satisfied that special circumstances exist that justify the granting of a pipeline licence, by instrument in writing served on the person who is then the licensee, inform the person that the Minister is prepared to grant to the person a pipeline licence. (3) Subject to subsection (4), where an application for a pipeline licence is made in accordance with section 63 in respect of the construction in the adjacent area of a pipeline for the conveyance of petroleum recovered in a licence area in respect of which the applicant is the licensee, the Minister must, if— (a) any of the conditions to which the licence is, or has from time to time been, subject or any of the provisions of this Part or of the regulations has not been complied with; and (b) the Minister is not satisfied that special circumstances exist that justify the granting of a pipeline licence, by instrument in writing served on the person who is then the licensee, refuse to grant a pipeline licence. (4) The Minister shall not, under subsection (3), refuse to grant a pipeline licence to a licensee unless— (a) he has, by instrument in writing served on the licensee, given not less than one month's notice of his intention to refuse to grant the pipeline licence; and (ii) specified a date on or before which the licensee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit any matters that he wishes the Minister to consider; and (d) he has taken into account any matters so submitted to him on or before the specified date by the licensee or by a person on whom a copy of the firstmentioned instrument has been served. (5) Where a person other than the licensee or the pipeline operator under the Commonwealth Act or a corresponding law makes an application in accordance with section 63 for a pipeline licence in respect of the construction of a pipeline for the conveyance of petroleum recovered in a licence area or, as the case may be, a licence area of a production licence under the Commonwealth Act or a corresponding law, the Minister may, by instrument in writing served on the applicant, refuse to grant a pipeline licence. (7) An instrument under subsection (1), (1a) or (2)— (a) shall specify the route to be followed by the pipeline; and (b) shall contain a summary of the conditions subject to which the pipeline licence is to be granted; and (c) shall contain a statement to the effect that the application will lapse if the applicant does not make a request under subsection (9). (8) The route to be specified in an instrument under subsection (1), (1a) or (2) shall be— (a) the route shown in the plan accompanying the application; or (b) if the Minister is of the opinion that, for any reason, that route is not appropriate—a route that, in the opinion of the Minister, is appropriate. (9) A person on whom there has been served an instrument under subsection (1), (1a) or (2) may, within a period of three months after the date of service of the instrument on him, or within such further period, not exceeding three months, as the Minister, on application in writing served on him before the expiration of the firstmentioned period of three months, allows, by instrument in writing served on the Minister, request the Minister to grant to the person the pipeline licence. (10) Where a person on whom there has been served an instrument under subsection (1), (1a) or (2) has made a request under subsection (9) within the period applicable under subsection (9), the Minister must grant to that person a licence to construct and operate a pipeline in respect of the pipeline specified in the instrument. (11) Where a person on whom there has been served an instrument under subsection (1), (1a) or (2) has not made a request under subsection (9) within the period applicable under subsection (9), the application lapses upon the expiration of that period. (13) In this section— pipeline operator under the Commonwealth Act or a corresponding law means a person who is entitled under the Commonwealth Act or a corresponding law to carry on operations for the recovery of petroleum in an area outside the adjacent area and who the Minister is satisfied is or will be entitled to construct a pipeline from the firstmentioned area to the boundary of the adjacent area. 65—Rights conferred by pipeline licence A pipeline licence, while it remains in force, authorises the pipeline licensee, subject to this Act and in accordance with the conditions to which the pipeline licence is subject— (a) to construct in the adjacent area— (i) a pipeline of the design, construction, size and capacity specified in the pipeline licence along the route, and in the position in relation to the sea-bed in the adjacent area, so specified; and (ii) the pumping stations, tank stations, and valve stations so specified in the positions so specified; and (b) to operate that pipeline and those pumping stations, tank stations and valve stations; and (c) to carry on such operations, to execute such works and to do all such other things in the adjacent area as are necessary for or incidental to the construction and operation of that pipeline and of those pumping stations, tank stations and valve stations. 66—Term of pipeline licence (1) Subject to this Part, a pipeline licence remains in force— (a) for a period of 21 years; or (b) where the Minister is of the opinion that having regard to the dates of expiration of the licences that relate to the licence areas from which petroleum is, or is to be, conveyed by means of the pipeline, it is not necessary for the pipeline licence to remain in force for a period of 21 years—for such period less than 21 years as the Minister determines and specifies in the pipeline licence. (2) A pipeline licence comes into force on the day on which the pipeline licence is granted or, if a later day is specified in the pipeline licence as being the day on which the pipeline licence is to come into force, on that later day. 67—Application for renewal of pipeline licence (1) A pipeline licensee may, from time to time, make an application to the Minister for the renewal of the pipeline licence. (2) An application for the renewal of the pipeline licence— (b) subject to subsection (3), shall be made in an approved manner not less than six months before the day on which the pipeline licence ceases to be in force; and (c) shall be accompanied by the prescribed fee. (3) The Minister may, for reasons that he thinks sufficient, receive an application for the renewal of the pipeline licence less than six months before, but not in any case after, the day on which the pipeline licence ceases to be in force. 68—Grant or refusal of renewal of pipeline licence (1) Where an application has been made under section 67 for the renewal of a pipeline licence, the Minister— (a) must, if the conditions to which the pipeline licence is, or has from time to time been, subject and the provisions of this Part and of the regulations have been complied with; or (i) any of the conditions to which the pipeline licence is, or has from time to time been, subject or any of the provisions of this Part or of the regulations has not been complied with; and (ii) the Minister is, nevertheless, satisfied that special circumstances exist that justify the granting of the renewal of the pipeline licence, by instrument in writing served on the person who is then the pipeline licensee, inform the person that the Minister is prepared to grant to the person the renewal of the pipeline licence. (2) Subject to subsection (3), where an application has been made under section 67 for the renewal of a pipeline licence, the Minister must, if— (a) any of the conditions to which the pipeline licence is, or has from time to time been, subject or any of the provisions of this Part or of the regulations has not been complied with; and (b) the Minister is not satisfied that special circumstances exist that justify the granting of the renewal of the pipeline licence, by instrument in writing served on the person who is then the pipeline licensee, refuse to grant the renewal of the pipeline licence. (3) The Minister shall not refuse to grant the renewal of the pipeline licence unless— (a) he has, by instrument in writing served on the pipeline licensee, given not less than one month's notice of his intention to refuse to grant the renewal of the pipeline licence; and (ii) specified a date on or before which the pipeline licensee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit any matters that he wishes the Minister to consider; and (d) he has taken into account any matters so submitted to him on or before the specified date by the pipeline licensee or by a person on whom a copy of the firstmentioned instrument has been served. (4) An instrument under subsection (1) shall contain— (a) a summary of the conditions to which the pipeline licence, on the grant of the renewal, is to be subject; and (b) a statement to the effect that the application will lapse if the pipeline licensee does not make a request under subsection (5). (5) A pipeline licensee on whom there has been served an instrument under subsection (1) may, within a period of one month after the date of service of the instrument on the pipeline licensee, by instrument in writing served on the Minister, request the Minister to grant to the pipeline licensee the renewal of the pipeline licence. (6) Where a pipeline licensee on whom there has been served an instrument under subsection (1) has made a request under subsection (5) within the period referred to in subsection (5), the Minister must grant to the pipeline licensee the renewal of the pipeline licence. (7) Where a pipeline licensee on whom there has been served an instrument under subsection (1) has not made a request under subsection (5) within the period referred to in subsection (5), the application lapses upon the expiration of that period. (a) an application for the renewal of a pipeline licence is made under section 67; and (b) the pipeline licence expires— (i) before the Minister grants, or refuses to grant, the renewal of the pipeline licence; or (ii) before the application lapses as provided by subsection (7), the pipeline licence shall be deemed to continue in force in all respects— (c) until the Minister grants, or refuses to grant, the renewal of the pipeline licence; or 69—Conditions of pipeline licence (1) A pipeline licence may be granted subject to such conditions as the Minister thinks fit and specifies in the pipeline licence. (2) The conditions referred to in subsection (1) may include a condition that the pipeline licensee shall complete the construction of the pipeline within the period specified in the pipeline licence. (3) This section extends to a pipeline licence granted by way of the renewal of a pipeline licence and, in the case of a pipeline licence so granted, the conditions may include conditions varying or adding to the conditions of the previous licence and conditions requiring reconstruction or modification of the pipeline or of associated works. 70—Variation of pipeline licence on application by pipeline licensee (1) A pipeline licensee may, at any time, make an application to the Minister for the variation of the pipeline licence. (c) shall be accompanied by particulars of the proposed variation; and (d) shall specify the reasons for the proposed variation; and (3) The Minister may, at any time, by instrument in writing served on a person who has made an application under this section require him to furnish, within the period specified in the instrument, further information in writing in connection with his application. (4) The Minister shall, in a notice published in the Gazette of an application under this section, specify a period within which a person may submit to the Minister, in writing, any matters that he wishes the Minister to consider in connection with the application. (5) After considering any matters submitted to him under subsection (4) the Minister may, by instrument in writing, vary the pipeline licence to such extent as he thinks necessary or may refuse to vary the pipeline licence. 71—Variation of pipeline licence by Minister (1) The Minister may— (a) at the request of— (i) a Minister or a Minister of State of the Commonwealth; or (ii) a body established by a law of the Commonwealth or of the State; and (b) if, in his opinion, it is in the public interest so to do, by instrument in writing served on a person who is a pipeline licensee or the holder of an instrument of consent under section 59 direct that person to make such changes in the design, construction, route or position of the pipeline, or of a water line, pumping station, tank station, valve station or secondary line to which the pipeline licence or instrument of consent relates, as are specified in the firstmentioned instrument, within the period specified in the firstmentioned instrument, and, if the person so directed is a pipeline licensee, shall vary the pipeline licence accordingly. (3) Where the Minister gives a direction under subsection (1), and the person to whom the direction was given has complied with the direction, that person may bring an action in the Supreme Court against the Minister or Minister of State of the Commonwealth or body making the request. (4) The Supreme Court shall hear the action, without a jury, and shall determine whether it is just that the whole or a portion of the reasonable cost of complying with the direction ought to be paid to the plaintiff by the defendant. (5) If the Supreme Court determines that it is just that such a payment ought to be made, the Supreme Court shall determine the amount of the payment and give judgment accordingly. 72—Common carrier The Minister may, by instrument in writing served on a pipeline licensee, direct the pipeline licensee to be a common carrier of petroleum in respect of the pipeline and thereupon the pipeline licensee is a common carrier of petroleum in respect of the pipeline. 73—Ceasing to operate pipeline (1) Except with the consent in writing of the Minister and subject to compliance with such conditions, if any, as are specified in the instrument of consent, a pipeline licensee shall not cease to operate the pipeline. (2) It is not an offence against subsection (1) if the failure of the pipeline licensee to operate the pipeline— (a) was in the ordinary course of operating the pipeline; or (b) was for the purpose of repairing or maintaining the pipeline; or (c) was in an emergency in which there was a likelihood of loss or injury.