279ACompensatory orders for gas pipeline safety detriments

279A Compensatory orders for gas pipeline safety detriments

[Section 279A Inserted by No. 57 of 2002, s. 19, Applied:05 Dec 2002]

(1)  In this section –

appeal means an appeal to the Appeal Tribunal –

(a) [Section 279A Subsection (1) amended by No. 33 of 2015, s. 35, Applied:01 Jan 2016] by a pipeline licensee against the grant of an application for a Division 3 permit; or

(b) [Section 279A Subsection (1) amended by No. 33 of 2015, s. 35, Applied:01 Jan 2016] by an applicant against the refusal to grant an application for a Division 3 permit;

[Section 279A Subsection (1) amended by No. 56 of 2008, s. 116, Applied:11 Feb 2009]

[Section 279A Subsection (1) amended by No. 33 of 2015, s. 35, Applied:01 Jan 2016] [Section 279A Subsection (1) amended by No. 33 of 2015, s. 35, Applied:01 Jan 2016] representations, in relation to a Division 3 permit, means representations made to the Minister under section 146 on the application for the permit.

(2)  [Section 279A Subsection (2) amended by No. 33 of 2015, s. 35, Applied:01 Jan 2016] If the Appeal Tribunal's determination on an appeal will result in a Division 3 permit being granted subject to conditions designed to ensure the safety or safe operation of a pipeline in a pipeline planning corridor and the Appeal Tribunal is satisfied that –

(a) the conditions are the same or substantially the same as conditions that were recommended by the pipeline licensee in representations; and

(b) the conditions will add to the cost of the dam works; and

(c) the pipeline licensee knew or reasonably ought to have known of the applicant's need or intention to undertake the dam works before the pipeline was constructed –