New South Wales: Pipelines Act 1967 (NSW)

Pipelines Act 1967 No 90 An Act relating to the construction, operation and maintenance of pipelines; and for purposes connected therewith. Part 1 Preliminary 1 Name of Act and commencement (1) This Act may be cited as the Pipelines Act 1967. (2) This Act shall commence on a day to be appointed by the Governor and notified by proclamation published in the Gazette. 2 (Repealed) 3 Definitions (1) In this Act, unless the context or subject-matter otherwise indicates or requires— apparatus or works means— (a) structures for protecting or supporting a pipeline, (b) storage tanks, loading terminals and works and buildings used or to be used for purposes connected with or incidental to the operation of a pipeline, and (c) any fixed equipment or machinery (including any associated fittings and structures) used or to be used for purposes connected with or incidental to the operation of a pipeline or connected with or incidental to the use of any apparatus and works, as defined by paragraph (a) or (b). authority to survey means an authority to enter lands and carry out surveys granted by the Minister under Division 1 of Part 2. Commonwealth Native Title Act or NTA means the Native Title Act 1993 of the Commonwealth. Crown lands means lands that are subject to the Crown Lands Acts and are not— (a) the subject of an incomplete purchase, (b) held as a homestead selection or a homestead grant, or (c) held as a lease in perpetuity under the Crown Lands Acts, and includes lands dedicated to a public purpose under the Crown Lands Acts, whether or not a folio of the Register kept under the Real Property Act 1900 has been created in respect thereof. Crown Lands Acts means the Acts for the time being in force relating to Crown lands. cyber security incident means acts, events or circumstances involving, or likely to involve, 1 or more of the following— (a) unauthorised access to computer data or a computer program, (b) unauthorised modification of computer data or a computer program, (c) unauthorised impairment of electronic communication to or from a computer, (d) unauthorised impairment of the availability, reliability, security or operation of a computer, computer data or a computer program. Department means the department in which this Act is administered. incomplete purchase means a conditional purchase or a purchase by auction or other purchase of the fee-simple from the Crown under the Crown Lands Acts in respect of which any of the purchase money remains unpaid. inspector means inspector appointed under this Act. land means— (a) land in fee-simple other than land referred to in paragraph (b) or (d), (b) Crown lands, (c) an incomplete purchase and a homestead selection, a homestead grant and a lease in perpetuity under the Crown Lands Acts, and (d) land (not being Crown lands) owned by or vested in a person on behalf of the Crown or a public authority. licence means a licence granted by the Minister under Part 3. licence area, in relation to a licence, means the lands specified in the licence as being the licence area. licensee means the registered holder of a licence. owner— (a) in relation to land other than Crown lands or lands owned by or vested in a person on behalf of the Crown or a public authority, includes every person who jointly or severally, whether at law or in equity— (i) is entitled to the land for an estate of freehold in possession or is the holder of a homestead selection or a homestead grant, (ii) is the purchaser under an incomplete purchase, the holder of a lease in perpetuity under the Crown Lands Acts or a person (not being the purchaser under an incomplete purchase) to whom a person on behalf of the Crown, or a public authority, has lawfully contracted to convey or transfer the fee-simple, (iii) is entitled to receive, or is in receipt of, or if the land were let to a tenant would be entitled to receive, the rents and profits thereof, whether as beneficial owner, trustee, mortgagee in possession, or otherwise, (b) in relation to Crown lands and lands (not being lands specified in a contract referred to in paragraph (a) (ii)) owned by or vested in a person on behalf of the Crown, means the Crown or that person, and (c) in relation to lands (not being lands specified in a contract referred to in paragraph (a) (ii)) owned by or vested in a public authority, means that authority, and (d) means any native title holder within the meaning of the Commonwealth Native Title Act. partly cancelled, in relation to a licence, means cancelled as to part of the pipeline or some of the apparatus or works the subject of the licence. petroleum means— (a) any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state, or (b) any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state, or (c) any naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid state, and any one or more of the following, that is to say, hydrogen sulphide, nitrogen, helium and carbon dioxide, and includes any petroleum as defined by paragraph (a), (b) or (c) that has been returned to a natural reservoir. pipeline means a pipe or system of pipes for the conveyance of any substance, whether in a gaseous, liquid or solid state but does not include a pipe or system of pipes for the conveyance of petroleum within the adjacent area, as defined in the Petroleum (Offshore) Act 1982. pipeline committee means a committee appointed under section 5C. public authority means— (a) the Hunter Water Corporation, New South Wales Land and Housing Corporation, Rail Corporation New South Wales, Sydney Metro, Sydney Trains, NSW Trains, Residual Transport Corporation of New South Wales, Transport for NSW, State Transit Authority, Water NSW, Sydney Water Corporation or Water Administration Ministerial Corporation, or (b) a council, county council or joint organisation within the meaning of the Local Government Act 1993, or (c) any body declared by the Minister, by order published in the Gazette, to be a public authority for the purposes of this Act. register means the register referred to in section 41. registered holder means the person whose name is for the time being shown in the register as being the holder of a licence. Secretary means the Secretary of the Department. the relinquished area means— (a) in relation to a licence that has expired or been wholly cancelled—the licence area, and (b) in relation to a licence that has been partly cancelled—the part of the licence area in which is situated the part of the pipeline or the apparatus or works as to which the licence was partly cancelled. wholly cancelled, in relation to a licence, means cancelled as to the whole of the pipeline and all of the apparatus or works the subject of the licence. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (1A) In this Act— (a) a reference to a function includes a reference to a power, authority and duty, and (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. (2) A reference in this Act to a pipeline on any land includes a reference to a pipeline in, under, through, across or above the surface of the land. (3) In this Act, a reference to the term of a licence is a reference to the period during which the licence remains in force and a reference to the date of expiration of a licence is a reference to the day on which the licence ceases to be in force. (4), (5) (Repealed) (6) In this Act, a reference to a pipeline includes a reference to part of a pipeline. (7) Unless the context or subject-matter otherwise indicates or requires, a reference in this Act— (a) to a pipeline includes a reference to any apparatus or works constructed, installed or used or to be constructed, installed or used for purposes connected with or incidental to the operation of the pipeline, and (b) to the construction of a pipeline includes a reference to the installation of any such apparatus or works. (7A) (Repealed) (8) In this Act, a reference to a licence includes a reference to the licence as varied for the time being under this Act. (9) Notes included in this Act are explanatory notes and do not form part of this Act. 4 Delegation of functions (1) The Minister may delegate to the Secretary the Minister's functions under this Act other than— (a) this power of delegation, and (b) any of the Minister's functions under sections 5, 5A, 14, 15, 19, 21, 21A, 30, 32, 33, 33A and 58A. (2) The Secretary may sub-delegate to an authorised person any of the functions delegated to the Secretary by the Minister under this section unless the Minister otherwise provides in the instrument of delegation to the Secretary. (3) The Secretary may delegate to an authorised person any of the Secretary's functions under this Act, other than this power of delegation. (4) In this section, authorised person means— (a) a Public Service employee, or (b) the holder of a particular statutory or public office. 4A (Repealed) 5 Application of Act (1) Subject to section 5A, nothing in this Act requires a person to hold a licence in respect of— (a) a pipeline constructed or to be constructed under, or under an approval or other authority granted under, any Act, other than this Act or the Environmental Planning and Assessment Act 1979, (b) a pipeline constructed or to be constructed by a public authority, (c) a pipeline constructed or to be constructed on land used for residential, business, commercial or industrial purposes, designed for use solely for the residential, business, commercial or industrial purposes carried on on that land and situated wholly within the boundaries of that land, (d) a pipeline constructed or to be constructed for the purpose of the supply of water (including for irrigation), the drainage of land or the conveyance of waste water, mine water, aqueous slurries of minerals, mineral concentrates or mineral tailings, (e) a pipeline of the prescribed class, constructed or to be constructed for the conveyance of dangerous goods within the meaning of the Dangerous Goods (Road and Rail Transport) Act 2008, (f) a pipeline constructed or to be constructed— (i) for returning petroleum to a natural reservoir, (ii) for conveying petroleum for use for the purposes of petroleum exploration operations or operations for the recovery of petroleum, (iii) for conveying petroleum that is to be flared or vented, (g) a pipeline, or a pipeline belonging to a class, for the time being declared by a notification under subsection (2) or by such a notification, as varied by a notification under subsection (9), to be a gathering line, or (h) a pipeline, or a pipeline belonging to a class, for the time being declared by a notification under subsection (4) or by such a notification, as varied by a notification under subsection (9), to be a pipeline in respect of which a person is not required to hold a licence, but nothing in this section prevents a person from making any application under this Act in respect of any such pipeline or apparatus or works or from being granted and holding a licence in respect of the construction or operation of such a pipeline. (2) Where the Minister is satisfied that any pipeline is, or any pipelines belonging to a class are, constructed or to be constructed for conveying petroleum from a well to another pipeline that is used or to be used for conveying petroleum from another well or other wells, he or she may, by a notification published in the Gazette, declare that pipeline to be a gathering line or pipelines belonging to that class to be gathering lines. (3) (Repealed) (4) The Minister may, by notification published in the Gazette, declare any pipeline, or any pipeline of a class, specified in the notification to be a pipeline in respect of which a person is not required to hold a licence. (5) (Repealed) (6) A reference in subsection (1) (a) or (b) to a pipeline does not include a reference to a pipeline constructed or used or to be constructed or used by a network operator, within the meaning of the Gas Supply Act 1996, where the pipeline is or is to be used principally for the conveyance of gas otherwise than for the purpose of reticulating it directly to consumers. (7) In subsection (1) (e), a pipeline of the prescribed class means a pipeline of a length of less than 10 kilometres or of such other length as may, for the time being, be specified in the notification under subsection (8) or in such a notification, as varied by a notification under subsection (9). (8) The Minister may, by a notification published in the Gazette, specify for the purposes of subsection (7) a length other than 10 kilometres. (9) The Minister may vary or revoke a notification under this section by another notification published in the Gazette. 5A Minister may require certain pipelines to be licensed (1) This section applies to— (a) any prescribed pipeline, and (b) any pipeline of a prescribed class, being a pipeline of a kind referred to in section 5 (1) (a)–(h). (2) The Minister may, by order published in the Gazette, declare that section 5 does not apply to such pipeline, being a pipeline to which this section applies, as may be specified in the order. (3) An order under subsection (2) takes effect on— (a) the date specified in the order, or (b) if the order does not specify a date—the date the order is published in the Gazette. 5B Information concerning unlicensed pipelines (1) This section applies to— (a) any prescribed pipeline, and (b) any pipeline of a prescribed class, being a pipeline of a kind referred to in section 5 (1) (a)–(h). (2) The Minister may, by order in writing served on any person by whom a pipeline to which this section applies is operated, require the person to furnish the Minister with such information relating to the design, construction, operation and maintenance of the pipeline as may be specified in the order. (3) A person on whom an order under subsection (2) is served shall not— (a) fail to comply with the order, or (b) in purported compliance with the order, furnish information that is false or misleading in a material particular. Maximum penalty— (a) for a corporation—2,000 penalty units, or (b) for an individual—400 penalty units. Part 1A Pipeline committees 5C Constitution of pipeline committees (1) The Minister may appoint standing or special pipeline committees for the purpose of advising the Minister with respect to the administration of this Act. (2) A pipeline committee is to consist of such members as the Minister appoints from time to time. (3) The chairperson of a pipeline committee is to be appointed by the Minister from the members of the committee. (4) Subject to any directions by the Minister, a pipeline committee may regulate its procedure in such manner as it thinks fit. 5D Functions of pipelines committees The functions of a pipeline committee are— (a) to investigate applications for licences that are referred to it by the Minister, and (b) to provide advice to the Minister with respect to any other matter referred to it by the Minister. Part 2 Authorities to survey Division 1 Authorities to survey 5E Applications for authorities to survey (1) A person who proposes to construct a pipeline may apply to the Minister for an authority to survey. (2) An application under subsection (1)— (a) (Repealed) (b) shall be made in the prescribed manner, (c) shall specify, in the prescribed manner, the lands in respect of which the authority is applied for, (d) shall be accompanied by the prescribed maps showing the location of the lands referred to in paragraph (c), (e) shall be accompanied by particulars of— (i) the technical qualifications of the applicant and of the applicant's employees, (ii) the technical advice available to the applicant, and (iii) the financial resources available to the applicant, (f) may set out any other matters that the applicant wishes the Minister to consider, and (g) shall be accompanied by the prescribed fee, and (h) must comply with other application requirements, if any, specified by the regulations. 5F Grant of authority Where the Minister is satisfied that the applicant for an authority to survey has complied with the provisions of section 5E (2) in relation to the lands in respect of which the authority is applied for or that non-compliance with any of those provisions was not in a material respect, the Minister may grant to the applicant an authority to survey in respect of the lands specified in the application under section 5E (1) or in respect of such of those lands as the Minister thinks fit. 5G Term and conditions of authority (1) An authority to survey— (a) comes into force on the day specified for the purpose in the authority and, subject to subsection (3), remains in force for such period commencing on that day as may be specified in the authority and for any period for which the authority is extended under subsection (2), and (b) may be granted subject to such conditions as the Minister thinks fit and specifies in the authority. (2) The Minister may, on application in writing made by the holder of an authority to survey and served on the Minister before the date of expiration of the authority, extend the authority for such period as the Minister thinks fit and specifies in a notice served on the holder of the authority. (3) The Minister may, for reasons that the Minister thinks sufficient, by an instrument in writing served on the holder of an authority to survey, cancel the authority as to all or any of the lands in respect of which it is in force. 5H Rights conferred by authority to survey While an authority to survey is in force it authorises the holder, subject to any conditions of the authority— (a) to enter the lands specified in the authority, and (b) to carry out surveys to investigate possible routes for the proposed pipeline and determine the pipeline route, the situation of any associated apparatus or works and of any lands to be used to get access to the pipeline, apparatus or works, and (c) to take samples from the lands for examination and testing. Division 2 6–10 (Repealed) Part 3 Licences 11 Construction and operation of pipelines (1) A person shall not— (a) commence, or continue, the construction of a pipeline, or (b) alter or reconstruct a pipeline, unless the person is, or is acting on behalf of, the registered holder of a licence and the activity is in pursuance of the licence. (2) A person shall not operate a pipeline— (a) unless the person is, or is acting on behalf of, the registered holder of a licence and the operation is in pursuance of the licence, and (b) unless he or she has obtained the consent of the Minister under section 25 to the commencement or resumption, as the case may be, of the operations and commences or resumes the operations and thereafter operates the pipeline in accordance with the conditions, if any, to which the instrument of consent is for the time being subject. (2A) Without limiting subsection (2), a person must not operate a pipeline whose construction is commenced or completed under, or under an authority granted under, an Act of the Commonwealth unless the person is, or is acting on behalf of, the registered holder of a licence under this Act and the operation is in pursuance of that licence. (3) It is not an offence against this section if a person carries out an act— (a) in an emergency and the following apply— (i) it is an emergency in which there is a likelihood of loss or injury, (ii) the act is carried out to avoid the loss or injury, (iii) the person notifies the Secretary of the act as soon as practicable, or (b) for the purpose of maintaining a pipeline in good order or repair and notifies the Secretary of the act as soon as practicable, or (c) in compliance with a direction under this Act or the regulations. Maximum penalty— (a) for a corporation—2,000 penalty units, or (b) for an individual—400 penalty units. 12 Application for licence Any person who proposes to construct a pipeline may apply to the Minister for a licence. 13 Manner of making applications for licences (1) An application under section 12— (a) is to be in a form approved by the Minister, (b) shall be made in the prescribed manner, (c) shall be accompanied by particulars of— (i) the design and construction of the proposed pipeline, (ii) the size and capacity of the proposed pipeline, (iii) the substance intended to be conveyed through the proposed pipeline, (iv) the proposals of the applicant for work and expenditure in respect of the construction of the proposed pipeline, (v) the technical qualifications of the applicant and of his or her employees, (vi) the technical advice available to the applicant, (vii) the financial resources available to the applicant, (d) shall be accompanied by a plan, drawn in the prescribed manner— (i) showing the location of— (a) the route of the proposed pipeline, (b) the situation of any proposed apparatus or works, and (c) the lands (if any) proposed to be used for the purpose of gaining access to the proposed pipeline or proposed apparatus or works, and (ii) on which shall be identified the lands or easements over lands referred to in paragraph (f), (e) shall be accompanied by particulars of any agreements entered into, or proposed to be entered into, by the applicant for the acquisition by him or her of, or of easements over, the lands shown in the plan referred to in paragraph (d), (f) shall specify, in relation to each part of the proposed pipeline, particulars of the lands, or the easements over lands, acquired or agreed to be acquired, and particulars of the lands, and of easements over lands, in respect of which no agreement for acquisition by the applicant has been reached, for the purpose of constructing and operating the proposed pipeline or gaining access to the proposed pipeline, (g) shall be accompanied by copies of the notification caused to be published by the applicant in accordance with the provisions of subsection (3), (ga) must be accompanied by evidence that the applicant has complied with any requirement on the applicant under subsection (4) to serve a copy of a notification on a public authority, (gb) must be accompanied by other information or documents prescribed by the regulations, (h) may set out any other matters that the applicant wishes the Minister to consider, and (i) shall be accompanied by the prescribed fee. (1A) (Repealed) (2) The applicant must, if required to do so by notice in writing served on the applicant by the Minister, furnish— (a) to the Minister, and (b) to each public authority (if any) on which the applicant was required, under subsection (4), to serve a copy of a notification under subsection (3), within the time specified in the notice, further information in writing in connection with the application, as required by the notice. (3) Not less than 7 days before making an application under section 12, the applicant must cause a notification, setting out particulars of the proposed application, to be published in a manner approved in writing by the Minister having regard to the object of bringing notifications of that kind to the attention of members of the public. (4) If the regulations so require, a copy of the notification under subsection (3) must be served by the applicant on such public authorities as may be prescribed within such period as may be prescribed. 13A Amendment of application for licence by inclusion or exclusion of lands (1) In this section, minor variation, in relation to an area in respect of which an application for a licence is pending, means a variation of that area by including in that area additional lands, being a variation which the Minister is satisfied is for the purpose only of making a minor variation of— (a) the route of the proposed pipeline, (b) the situation of any proposed apparatus or works, or (c) the lands (if any) proposed to be used for the purpose of gaining access to the proposed pipeline or the proposed apparatus or works. (2) Where an application made under section 12 is pending, the applicant may, by instrument in writing served on the Minister, make to the Minister an application (in this section referred to as a further application) to amend the application for the licence by varying the area in respect of which that application was made so as— (a) to include additional lands in that area, (b) to exclude lands from that area, or (c) both to include additional lands in and to exclude lands from that area. (3) A further application shall— (a) be in a form approved by the Minister, and (b) include particulars of the proposed variation, and (c) specify the reasons for the proposed variation, and (d) be accompanied by the prescribed fee, if any, and (e) be accompanied by other information or documents prescribed by the regulations. (4) Where a further application is for a variation (not being a minor variation) of the area in respect of which an application for a licence has been made by including additional lands in the area, the further application, in addition to complying with the requirements of subsection (3)— (a) shall be accompanied by a plan, drawn in the prescribed manner, which shows the locations of— (i) any proposed variation of the route of the proposed pipeline, (ii) any proposed variation of the situation of any proposed apparatus or works, and (iii) any proposed variation of the lands proposed to be used for the purpose of gaining access to the proposed pipeline or any proposed apparatus or works, and on which there shall be identified the lands, or easements over lands, referred to in paragraph (c), and (b) shall be accompanied by particulars of any agreements entered into, or proposed to be entered into, by the applicant for the acquisition by him or her of, or of easements over, the additional lands shown in the plan referred to in paragraph (a), and (c) shall specify particulars of the additional lands, or of the easements over the additional lands, acquired or agreed to be acquired or in respect of which no agreement for acquisition by the applicant has been reached, and (d) shall be accompanied by copies of the notification caused to be published by the applicant in accordance with subsection (7), and (da) must be accompanied by evidence that the applicant has complied with any requirement on the applicant under subsection (8) to serve a copy of a notification on a public authority, and (db) must be accompanied by other information or documents prescribed by the regulations, and (e) may set out any other matters that the applicant wishes the Minister to consider. (5) Where a further application is for a minor variation of the area in respect of which the application was made, the further application, in addition to complying with the requirements of subsection (3)— (a) shall be accompanied by a plan, drawn in the prescribed manner, which shows the locations on the additional lands of— (i) any proposed variation of the route of the proposed pipeline, (ii) any proposed variation of the situation of any proposed apparatus or works, and (iii) any proposed variation of the lands proposed to be used for the purpose of gaining access to the proposed pipeline or any proposed apparatus or works, and on which there shall be identified the lands, or easements over lands, referred to in paragraph (c), (b) shall be accompanied by particulars of any agreement entered into, or proposed to be entered into, by the applicant for the acquisition by him or her of, or of easements over, the additional lands shown in the plan referred to in paragraph (a), (c) shall specify particulars of the additional lands, or of the easements over the additional lands, acquired or agreed to be acquired or in respect of which no agreement for acquisition by the applicant has been reached, and (d) may set out any other matters that the applicant wishes the Minister to consider. (6) Where a further application is for the variation of the area in respect of which the application was made by excluding lands from that area, the further application, in addition to complying with the requirements of subsection (3), shall be accompanied by a plan, drawn in the prescribed manner, which shows the location on the lands within the area of the lands proposed to be excluded. (7) Not less than 7 days before making a further application for a variation (other than a minor variation) of the area in respect of which the application is made by including additional lands in that area, the applicant must cause a notification, setting out particulars of the proposed further application, to be published in a manner approved in writing by the Minister having regard to the object of bringing notifications of that kind to the attention of members of the public. (8) If the regulations so require, a copy of a notification under subsection (7) must be served by the applicant on such public authorities as may be prescribed within such period as may be prescribed. (9) The applicant must, if required to do so by notice in writing served on the applicant by the Minister, furnish— (a) to the Minister, and (b) to each public authority (if any) on which the applicant was required, by subsection (8), to serve a copy of a notification under subsection (7), within the time specified in the notice, further information in writing in connection with the application, as required by the notice. (10) The Minister— (a) shall give notice of a further application for a minor variation of the area in respect of which the application was made to any person who is the owner or occupier of any land that may be affected by the further application, (b) may give to such persons, if any, as he or she thinks fit notice of a further application for a minor variation of the area in respect of which the application was made or for a variation of that area by excluding lands from it, and (c) shall specify in any such notice a period within which each person to whom notice is so given may submit to the Minister in writing any matters that he or she wishes to be considered in connection with the further application. (11) Where, with respect to a further application which is for the variation of the area in respect of which an application for a licence has been made by including in that area additional lands, the Minister is satisfied that the further application was made and submitted in compliance with such of the provisions of this section as are applicable to the further application (except so far as he or she is satisfied that any non-compliance with such of the provisions of subsections (3), (4), (5) and (9) as are applicable to the further application is not materially significant), he or she shall cause— (a) the application for the licence to be amended in the manner applied for, (b) in the case of an application under section 12, the plan which accompanied the application for the licence in accordance with section 13 (1) (d) to be amended in such manner as may be indicated or warranted by reference to the plan accompanying the further application in accordance with subsection (4) (a) or (5) (a) or, if the case so requires, to be replaced by that plan, and (c) such amendments to be made to the other documents accompanying the application for the licence in accordance with section 13 as may be necessary or appropriate having regard to the further application and the documents accompanying it in accordance with this section, and thereupon the lands specified in the application shall, for the purposes of this Act, be deemed to include the additional lands to which the further application relates. (12) Where, with respect to a further application which is for the variation of the area in respect of which an application for a licence has been made by excluding lands from that area, the Minister is satisfied that the further application was made and submitted in compliance with such of the provisions of this section as are applicable to the further application (except so far as he or she is satisfied that any non-compliance with such of the provisions of subsections (3), (6) and (9) as are applicable to the further application is not materially significant), he or she shall cause— (a) the application for the licence to be amended in the manner applied for, (b) in the case of an application under section 12, the plan which accompanied the application for the licence in accordance with section 13 (1) (d) to be amended in such manner as may be indicated or warranted by reference to the plan accompanying the further application in accordance with subsection (6) or, if the case so requires to be replaced by that plan, and (c) such amendments to be made to the other documents accompanying the application for the licence in accordance with section 13 as may be necessary or appropriate having regard to the further application, and thereupon the lands specified in the application shall, for the purposes of this Act, be deemed not to include the lands to which the further application relates. (13) Where a further application is for the variation of the area in respect of which an application for a licence has been made for the purpose of both including additional lands in, and excluding lands from, that area— (a) such of the provisions of this section as are applicable to an application for the variation of an area in respect of which an application has been made for the purpose of including additional lands in that area shall apply to and in respect of so much of the further application as relates to the variation of the area for the purpose of including additional lands in that area, and (b) such of the provisions of this section as are applicable to an application for the variation of an area in respect of which an application has been made for the purpose of excluding lands from that area shall apply to and in respect of so much of the further application as relates to the variation of the area for the purpose of excluding lands from that area. (14) Where the Minister is not satisfied as referred to in subsection (11) or (12), he or she shall refuse the further application and shall thereupon notify the applicant of that refusal and of the reasons for it. (15) Where a further application is refused, the whole of the fee (if any) referred to in subsection (3) (d), or such part of it as the Minister determines, shall be refunded to the applicant. 13B Amendment of application for licence in other cases (1) Where an application made under section 12 is pending, the applicant may, by instrument in writing served on the Minister— (a) amend any of the particulars referred to in paragraph (c) of section 13 (1) which accompanied the application pursuant to that paragraph, or substitute for any of those particulars new particulars, (b) alter— (i) the route of the proposed pipeline, or (ii) the situation of any proposed apparatus or works, but only if the area in respect of which the application is made is not proposed to be varied by the inclusion of additional lands in, or the exclusion of lands from, that area, (c) where particulars of any agreement referred to in paragraph (e) of section 13 (1) accompanied the application pursuant to that paragraph and that agreement has been varied or rescinded, or has been superseded by another agreement, amend those particulars by providing particulars of the variation, rescission or other agreement, as the case may be, or (d) amend any matter set out in the application pursuant to section 13 (1) (h) or substitute for that matter any new matter. (2) An instrument in writing relating to the alteration of the route of a proposed pipeline or of the situation of any proposed apparatus or works shall be accompanied by a plan showing the route or situation as altered, and on the service of that plan on the Minister, he or she shall cause the plan which accompanied the application in accordance with section 13 (1) (d) to be amended in such manner as may be indicated or warranted by reference to the first-mentioned plan or, if the case so requires, to be replaced by that first-mentioned plan. (3) If the regulations so require, a copy of an instrument served on the Minister under subsection (1) must be served by the applicant on such public authorities as may be prescribed within such period as may be prescribed. (4) The applicant must, if required to do so by notice in writing served on the applicant by the Minister, furnish— (a) to the Minister, and (b) to each public authority (if any) on which the applicant was required, by subsection (3), to serve a copy of an instrument under subsection (1), within the time specified in the notice, further information in writing in connection with the application, as required by the notice. 14 Grant of licence (1) If the Minister is satisfied that— (a) an application for a licence has been made in compliance with section 13 (or if there was a non-compliance, it was in respect of a requirement of section 13 (1) or (2) and was not material), and (b) if that application was amended, the application for the amendment was made in compliance with section 13A (or if there was a non-compliance, it was in respect of a requirement of section 13A (3), (4), (5) or (9) and was not material), and (c) if an instrument has been served on the Minister under section 13B, the instrument complied with section 13B, and (d) the lands, or the easements, specified in the application for the licence— (i) are vested in the applicant, or (ii) are available, in accordance with section 22, for compulsory acquisition, and (e) the applicant has made provision, or given security in addition to any other security required by this Act, for the payment— (i) of compensation and any interest payable in respect of any lands, or easements, that are available for compulsory acquisition, and (ii) of all charges and expenses necessary for or incidental to the compulsory acquisition of those lands or easements, the Minister may grant a licence in relation to the lands, including those the subject of easements, specified in the application or such of those lands as he or she thinks fit. (2) The Minister may refuse an application for a licence, but only if the Minister has— (a) given the applicant at least one month's written notice of his or her intention to refuse the application, and (b) served a copy of the notice on such other persons, if any, as he or she thinks fit, and (c) in the notice— (i) given particulars of the reasons for the intention, and (ii) specified a period within which the applicant or a person on whom a copy of the notice is served may make written submissions to the Minister with respect to the application, and (d) taken into account any written submissions made to the Minister within the specified period. (3) If an application for a licence is refused, the whole, or such part as the Minister determines, of the fee referred to in section 13 (1) (i) is to be refunded to the applicant. 15 Conditions of licence (1) A licence is subject to the following conditions— (a) the conditions imposed by this Act and the regulations, (b) conditions, not inconsistent with conditions imposed under paragraph (a), imposed on the licence by the Minister. (2) Without limiting the generality of subsection (1), the conditions referred to in that subsection may include conditions that the licensee shall— (a) within such time as may be specified in a notice in writing given to him or her by the Minister and before commencing the construction of the pipeline specified in the licence, lodge with the Minister security in such amount and in such form as may be specified in the notice, (b) complete the construction of, and, subject to section 11 (2) (b), commence to operate, the pipeline within the period specified in the licence, (c) make provision for, or give security in addition to any other security required by this Act to the satisfaction of the Minister for, the payment of all charges and expenses referred to in section 20 (2) (b), (d) take such measures as the Minister may, by notice in writing given to the licensee, require within the time specified in the notice with respect to the conservation and protection of the flora, fauna, fish, fisheries and scenic attractions, and features of architectural, archaeological, historical or geological interest and the reinstatement, levelling, regrassing, reforesting and contouring of any lands which may be damaged or deleteriously affected by the licensee, and (e) comply with any requirement the Registrar-General may, by notice in writing given to the licensee, make in respect of the registration of the plan, and the recording of any instrument, referred to in section 20. 16 Cyber security requirements (1) The regulations may make provision for the following— (a) the adoption and implementation by a licensee of policies and procedures for managing cyber security risks and responding to cyber security incidents, (b) the external review and accreditation of a licensee's policies and procedures for managing cyber security risks and responding to cyber security incidents. (2) Without limiting subsection (1), the regulations may require a licensee's policies and procedures to address the following matters— (a) notifying the Secretary of cyber security incidents, (b) the process for auditing the licensee's implementation and compliance with the policies and procedures, including reporting the audit result to the Secretary. 16A (Repealed) 16B Licence conditions—cyber security It is a condition of a licence that the licensee must— (a) adopt and implement policies and procedures that comply with the regulations made under section 16, and (b) comply with a cyber security direction given under section 16A. 17 Duration, review and effect of licence (1) A licence comes into force on the day specified for the purpose in the licence and remains in force until it is cancelled or surrendered. (1A) The Minister may review a licence at intervals of not less than 21 years, with the first review of a licence commencing after the twenty-first anniversary of the issue of the licence. (2) A licence, while it remains in force, authorises the licensee, subject to the conditions to which the licence was granted, to enter the lands specified in the licence and, in so far as his or her estate or interest in those lands permits him or her so to do— (a) to commence or continue the construction of a pipeline thereon, (b) to alter or reconstruct a pipeline thereon, (c) to operate a pipeline thereon, and (d) to inspect and maintain a pipeline thereon. (3) Nothing in subsection (2) (c) affects the operation of section 11 (2) (b). 18 Variation of licence area (1) In this section, minor variation, in relation to a licence area, means a variation of that licence area by including therein additional lands, being a variation which the Minister is satisfied is for the purpose only of making a minor variation of— (a) the route of the pipeline, (b) the situation of any apparatus or works, or (c) any means of gaining access to the pipeline or any apparatus or works. (2) A licensee may, at any time, apply to the Minister in writing for a variation of the licence area— (a) by including therein additional lands, (b) by excluding lands therefrom, or (c) by including therein additional lands and by excluding lands therefrom. (3) An application under this section— (a) (Repealed) (b) shall be accompanied by particulars of the proposed variation, (c) shall specify the reasons for the proposed variation, and (d) shall be accompanied by the prescribed fee. (4) Where an application under this section is an application for a variation (not being a minor variation) of the licence area by including therein additional lands, the application, in addition to complying with the requirements of subsection (3)— (a) shall be accompanied by a plan, drawn in the prescribed manner— (i) showing the location of— (a) any proposed variation of the route of the pipeline, (b) any proposed variation of the situation of any apparatus or works, and (c) any proposed variation of the means of gaining access to the pipeline or any apparatus or works, and (ii) on which shall be identified the lands or easements over lands referred to in paragraph (c), and (b) shall be accompanied by particulars of any agreements entered into, or proposed to be entered into, by the applicant for the acquisition by him or her of, or of easements over, the additional lands shown in the plan referred to in paragraph (a), and (c) shall specify particulars of the additional lands, or of the easements over the additional lands, acquired or agreed to be acquired or in respect of which no agreement for acquisition by the applicant has been reached, and (d) shall be accompanied by copies of the notification caused to be published by the applicant in accordance with the provisions of subsection (7), and (da) must be accompanied by evidence that the applicant has complied with any requirement on the applicant under subsection (8) to serve a copy of a notification on a public authority, and (db) must be accompanied by other information or documents prescribed by the regulations, and (e) may set out any other matters that the applicant wishes the Minister to consider. (5) Where an application under this section is an application for a minor variation of the licence area, the application, in addition to complying with the requirements of subsection (3)— (a) shall be accompanied by a plan, drawn in the prescribed manner, showing the location on the additional lands of— (i) any proposed variation of the route of the pipeline, (ii) any proposed variation of the situation of any apparatus or works, and (iii) any proposed variation of the means of gaining access to the pipeline or any apparatus or works, on which plan shall be identified the lands or easements over lands referred to in paragraph (c), (b) shall be accompanied by particulars of any agreements entered into, or proposed to be entered into, by the applicant for the acquisition by him or her of, or of easements over, the additional lands shown in the plan referred to in paragraph (a), (c) shall specify particulars of the additional lands, or of the easements over the additional lands, acquired or agreed to be acquired or in respect of which no agreement for acquisition by the applicant has been reached, and (d) may set out any other matters that the applicant wishes the Minister to consider. (6) Where an application under this section is an application for the variation of a licence area by excluding lands from the licence area, the application, in addition to complying with the requirements of subsection (3), shall be accompanied by a plan, drawn in the prescribed manner, showing the location on the lands within the licence area of the lands proposed to be excluded. (7) Not less than 7 days before making an application under this section for a variation (other than a minor variation) of the licence area by including additional lands in that area, the applicant must cause a notification, setting out particulars of the proposed application, to be published in a manner approved in writing by the Minister having regard to the object of bringing notifications of that kind to the attention of members of the public. (8) If the regulations so require, a copy of a notification under subsection (7) must be served on such public authorities as may be prescribed. (9) The applicant must, if required to do so by notice in writing served on the applicant by the Minister, furnish— (a) to the Minister, and (b) to each public authority (if any) on which the applicant was required, under subsection (8), to serve a copy of a notification under subsection (7), within the time specified in the notice, further information in writing in connection with the application, as required by the notice. (10) The Minister— (a) shall give notice of an application under this section for a minor variation of the licence area to any person who is the owner or occupier of any land that may be affected by the application, (b) may give to such persons, if any, as he or she thinks fit, notice of an application under this section for a minor variation of the licence area or for a variation of the licence area by excluding lands therefrom, and (c) shall specify in any such notice a period within which each person to whom notice is so given may submit to the Minister in writing any matters that he or she wishes to be considered in connection with the application. 19 Grant of application for variation (1) If an application is made for a variation of a licence area by including additional lands and the Minister is satisfied that— (a) the application was made in compliance with section 18 (or if there was a non-compliance, it was in respect of a requirement of section 18 (3), (4), (5) or (9) and was not material), and (b) the lands, or the easements, specified in the application— (i) are vested in the applicant, or (ii) are available, in accordance with section 22, for compulsory acquisition, and (c) the applicant has made provision, or given security in addition to any other security required by this Act, for the payment— (i) of compensation and any interest payable in respect of any lands, or easements, that are available for compulsory acquisition, and (ii) of all charges and expenses necessary for or incidental to the compulsory acquisition of those lands or easements, the Minister may— (d) where the application is for a variation (not being a minor variation, as defined in section 18 (1)) of the licence area, or (e) where the application is for a minor variation, after taking into account any written submissions made under section 18 (10) (c), grant the application in relation to the lands, including those the subject of easements, specified in the application, or such of those lands as he or she thinks fit. (2) The Minister may refuse an application made under section 18 (4), but only if, before refusing the application, the Minister has— (a) given the applicant at least one month's written notice of the intention to refuse the application, and (b) served a copy of the notice on such other persons, if any, as he or she thinks fit, and (c) in the notice— (i) given particulars of the reasons for the intended refusal, and (ii) specified a period within which the applicant or a person on whom a copy of the notice is served may make written submissions to the Minister with respect to the application, and (d) taken into account any written submissions made to the Minister within the specified period. (3) If an application is made for a variation of the licence area by excluding lands, the Minister may, after taking into account any written submissions made under section 18 (10) (c), grant the application to such extent as he or she thinks fit. (4) If a licence area is varied— (a) by including additional lands, the additional lands are, for the purposes of this Act, taken to be lands specified in the licence in respect of that licence area, or (b) by excluding lands, the excluded lands are, for the purposes of this Act, taken not to be lands specified in the licence in respect of that licence area. (5) If an application under section 18 is refused, the whole, or such part as the Minister determines, of the fee referred to in section 18 (3) (d) is to be refunded to the applicant. (6) An application for the variation of a licence area by including additional lands may be granted subject to such conditions as the Minister thinks fit and specifies in the instrument granting the application. (7) Without limiting the generality of subsection (6), the conditions may include any of the kind referred to in section 15 (2). (8) If an application is made for the variation of a licence area by both including additional lands and excluding lands, the provisions of section 18 that are applicable to an application for a variation— (a) including additional lands, and the provisions of this section that are applicable to the granting of such an application, apply in respect of so much of the application and its granting as relates to the inclusion of additional lands, and (b) excluding lands, and the provisions of this section that are applicable to the granting of such an application, apply in respect of so much of the application and its granting as relates to the exclusion of lands. 20 Plan to be lodged with Registrar-General (1) At any time after the making of an application for a licence under section 14 or of an application under section 18 for the variation of a licence area by including additional lands in the licence area and before publication of the notification referred to in section 21, the Minister is to cause to be lodged with the Registrar-General a plan of the lands to which the application relates— (a) showing the route of the proposed pipeline, the situation of any proposed apparatus or works, and the lands (if any) proposed to be used for the purpose of gaining access to the proposed pipeline or proposed apparatus or works, or, as the case may be, any proposed variation of the route of the pipeline, any proposed variation of the situation of any apparatus or works, and any proposed variation of the means of gaining access to the pipeline or any apparatus or works, (b) identifying, or accompanied by instruments identifying, in relation to those lands, any lands or easements vested or to be vested in the applicant for the purposes of the proposed pipeline, and (c) accompanied by instruments setting out, in relation to any easements vested or to be vested in the applicant for the purposes of the proposed pipeline, any restrictions as to user imposed or to be imposed in respect of the lands the subject of those easements. (2) Upon lodgment of the plan and any other instruments pursuant to subsection (1), the Registrar-General shall, if he or she is satisfied that the plan is suitable for registration— (a) register the plan and record the instruments in such manner as to him or her seems appropriate, and (b) inform the Minister, by instrument in writing, that he or she has done so. 21 Vesting of lands or easements in licensee (1) The Minister shall, by notification published in the Gazette as soon as practicable after the granting of a licence under section 14 or of an application under section 18 for the variation of a licence area by including additional lands in the licence area, declare that— (a) such lands and easements as may be specified in the notification (being lands, including lands deemed to be specified therein by section 19 (4) (a), and easements specified in the licence) are vested in the licensee, and (b) such restrictions as to user as may be specified in the notification have effect in respect of the lands the subject of the easements specified in the licence, according to the tenor of the notification. (2) Upon publication of a notification under subsection (1)— (a) the lands and easements specified in the notification, to the extent to which they were not vested in the licensee immediately before the date of the notification, vest in the licensee, and (b) the restrictions as to user specified in the notification, to the extent to which they did not have effect immediately before the date of the notification, have effect, according to the tenor of the notification. (3) Where, by the operation of subsection (2), any lands under the provisions of the Real Property Act 1900, or easements over any such lands, become vested in a licensee, the licensee shall forthwith make a request to the Registrar-General under section 46C of the Real Property Act 1900 in relation to those lands and easements. (4) Upon receipt of a request under section 46C of the Real Property Act 1900, the Registrar-General may in accordance with that Act, notify in the Register kept by him or her pursuant to that Act, that the lands or easements over lands, are vested in the licensee according to the tenor of the notification, notwithstanding that any relevant Crown grant has not been produced to him or her. Note— If lands in relation to which native title rights and interests within the meaning of the Commonwealth Native Title Act exist are affected by the granting of a licence under section 14 or of an application under section 19 for the variation of a licence area by the inclusion of additional land, a relevant procedure under the NTA must be followed before a notification under section 21 is published in the Gazette. The relevant procedures include— (a) the right to negotiate procedure under Subdivision P of Division 3 of Part 2, (b) the procedure under section 24MD (6B), (c) the procedure under an indigenous land use agreement. 21A Extinguishment of easements etc after variation of licence area (1) The Minister shall, by notification published in the Gazette as soon as practicable after the granting of an application under section 18 for the variation of a licence area by excluding lands from the licence area, declare that— (a) such easements as may be specified in the notification (being easements specified in the licence in respect of the excluded lands) are extinguished, and (b) such restrictions as to user as may be specified in the notification (being restrictions that have effect pursuant to section 21 in respect of the lands the subject of the extinguished easements) shall cease to have effect, according to the tenor of the notification. (2) Upon publication of a notification under subsection (1)— (a) the easements specified in the notification, to the extent to which they subsisted immediately before the date of the notification, are extinguished, and (b) the restrictions as to user specified in the notification, to the extent to which they had effect immediately before the date of the notification, shall cease to have effect, according to the tenor of the notification. (3) Where, by operation of subsection (2)— (a) any easement over land under the provisions of the Real Property Act 1900 is extinguished, or (b) any restriction as to user in respect of any such land ceases to have effect, the licensee shall forthwith— (c) notify the owner of the land of that fact, and (d) request the Registrar-General to notify that fact on the relevant folio of the Register kept pursuant to that Act. Maximum penalty—20 penalty units. 22 Availability of certain land etc for compulsory acquisition (1) For the purposes of sections 14 and 19, lands or easements over lands are available for compulsory acquisition— (a) in the case of Crown lands or lands vested in a person on behalf of the Crown or in a public authority or in the case of easements over any such lands (not being Crown lands, or lands so vested, or easements over lands, referred to in paragraph (b)), if— (i) at least three months before the Minister determines an application under section 14 or 19, the applicant has informed the public authority or person concerned or the Minister administering the provisions of the Crown Lands Acts applying to those lands of the application for the licence and of any amendment to that application made in accordance with section 13A (11) or, as the case may be, the application for the variation of the licence area, and (ii) where the public authority or person or the Minister administering the provisions of the Crown Lands Acts applying to those lands has by instrument in writing addressed to the Minister objected to the granting of the application and has requested that the matter be referred to the Premier for decision, the Premier has, after considering any representations made to the Minister by the public authority, the person concerned and the Minister administering the provisions of the Crown Lands Acts applying to those lands and such other matters as he or she thinks fit, approved of the application being determined by the Minister, (b) in the case of Crown lands or lands vested in a person on b