Petroleum Pipelines Amendment Regulations 1990 (WA)

28 September 1990.] GOVERNMENT GAZETTE, WA 5103

PETROLEUM PIPELINES ACT 1969

PETROLEUM PIPELINES AMENDMENT REGULATIONS 1990

Made by His Excellency the Governor in Executive Council.

Citation

1. These regulations may be cited as the Petroleum Pipelines Amendment

Regulations 1990.

Commencement

2. These regulations shall come into operation on the day fixed under section

2 (1) of the Acts Amendment (Petroleum) Act 1990.

Principal regulations

3. In these regulations the Petroleum Pipelines Regulations 1970* are referred

to as the principal regulations.

[*Published in the Gazette on 30 July 1970 at pp. 2242-2252. For amendments

to 31 August 1990, see p. 319 of 1989 Index to Legislation of Western Australia.]

Regulation 2 amended

4. Regulation 2 of the principal regulations is amended by deleting—

(a) the definitions of "Schedule" and "the Minister";

and

(b) the semi-colon at the end of the definition of "the Act" and substituting

a full stop.

Regulation 3 amended

5. Regulation 3 of the principal regulations is amended by repealing subregula-

tion (4).

Regulations 4A, 4B, 4C and 4D inserted

6. The principal regulations are amended by inserting after regulation 4 the

following regulations—

Prescribed amount for purposes

of section 12 (2) (a) of Act

tt 4A. For the purposes of section 12 (2) (a) of the Act, the prescribed amount

is an amount of $120 000.00.

Prescribed amount for purposes

of section 29 (1) of Act

4B. For the purposes of section 29 (1) of the Act, the prescribed amount is

an amount of $80.00.

Form of instrument of transfer

4C. For the purposes of section 44 (3) (a) of the Act, the prescribed form of an instrument of transfer is the form set out in the Fourth Schedule.

Instrument under section 47 (4)	(b) of Act
4D.	(1) For the purposes of section 47 (4) (b) of the Act, the following

particulars are prescribed—

(a)	description and date of execution of the instrument evidencing the
dealing referred to in section 47 (4) (a) of the Act (in this subregulation referred to as "the dealing");
(b)	details of the licence (including the number of the licence) to which

the dealing relates;

(c)	full name and business address of each party to the dealing;
(d)	details of the effect or effects, on registration, of the dealing
specified in the relevant paragraph or paragraphs of section 47 (1) of the Act;
(e)	details of the interest or interests in the licence of all parties to the

dealing—

(i) before the registration of the dealing; and

(ii) in the event of approval of the dealing, after the registra-

tion of the dealing;

5104 GOVERNMENT GAZETTE, WA [28 September 1990.

(0 in respect of any related dealing in relation to which an entry has been made in the Register or an application in writing for approval by the Minister has been lodged (whether before or after the day fixed under section 2 (1) of the Acts Amendment (Petroleum) Act

1990)—

(i) description and date of execution of the instrument evi- dencing the dealing;

(ii) date of approval by the Minister (if appropriate); and
(iii) registration number (if any).

(2) In subregulation (1)—

"related dealing" means any dealing executed, before the execution of the instrument evidencing the dealing referred to in subregulation (1) (a), by some or all of the parties to that instrument—

(a)

that affects the licence which is the subject of the dealing to which the instrument referred to in subregulation (1) (a) relates; and

(b)

that—

(i)	creates or assigns an option to enter into the dealing referred to in subregulation (1) (a);
(ii)	creates or assigns a right to enter into the dealing referred to in subregulation (1) (a); or
(iii)	is altered or terminated by the dealing referred to in subregulation (1) (a),

and includes any transaction in respect of which an instrument was registered under section 47 of the Act before the day fixed under section 2 (1) of the Acts Amendment (Petroleum) Act 1990. ".

First Schedule amended

7. The First Schedule to the principal regulations is amended by deleting Form

Number 6.

Third schedule amended

8. The Third Schedule to the principal regulations is amended—

(a) by deleting "THIRD SCHEDULE" and substituting the following—

THIRD SCHEDULE

(Regulation 4) ";

(b) by deleting item 1 and substituting the following item-

1. Application for licence Sec. 8 (1) (j) $3 000.00 ";

(c) in item 2 by deleting "$150" and substituting the following—

$1 200.00 ";

(d) in item 3 by deleting "$150" and substituting the following—

$600 ";

(e) by deleting items 4 and 5 and substituting the following items—

Registration of memoran- Sec. 44 (9)	$60.00
dum of transfer and name of transferee

5.	Registration as licensee on Sec. 45 (2) devolution by operation of law	$60.00
5A.	Application by company. Sec. 45 (3)	$60.00
licensee for registration of change of name
SB.	Entry on memorial of regis- Sec. 47 (12) tration of approval of deal-	$60.00

11

ing

(0 in item 6 by deleting "$6.00" and substituting the following—

" $12.00 ";

(g) in item 7 by deleting the passage beginning with "A fee of $6.00" and ending with "in excess of three" and substituting the following—

$2.00 "; and

(h) in item 8 by deleting "$15.00" and substituting the following—

$30.00 ".

28 September 1990.1 GOVERNMENT GAZETTE, WA 5105

Fourth Schedule inserted

9. The principal regulations are amended by inserting after the Third Schedule

the following Schedule—

FOURTH SCHEDULE

(Regulation 4C)

PETROLEUM PIPELINES ACT 1969

PETROLEUM PIPELINES REGULATIONS 1970

Form of Instrument of Transfer of Licence
Under section 44 of Petroleum Pipelines Act 1969

I/Wem	(2)
being the registered holder/holders' of	(3)

in consideration of")

hereby transfer all right, title and interest in that(3)

to(5'

In witness of this transfer the parties to the transfer have affixed their

respective common seals or signatures below on this	day
of	19

(6) (7)

(1)	Delete whichever is inapplicable.
(2)	Here insert the name of the transferor, or, if there are 2 or more transferors,
the name of each transferor.
(3)	Here insert the number of the licence transferred.
(4)	Here insert the value of the consideration for the transfer or the value of
the licence transferred. If the transfer of the licence is pursuant to a dealing which has been approved and registered under the Act, insert a reference that is sufficient to identify that dealing.
(5)	Here insert the name and address of the transferee, or, if there are 2 or more
transferees, the name and address of each transferee.
(6)	Here affix the common seal or signature of the transferor or of each
transferor, as the case may be.
(7)	Here affix the common seal or signature of the transferee or of each
transferee, as the case may be. ".

By His Excellency's Command,

M. C. WAUCHOPE, Clerk of the Council.