Pipeline Legislation Amendment Act 1994 (Cth)

Pipeline Legislation Amendment Act 1994

No. 167 of 1994

An Act to amend the Moomba-Sydney Pipeline System Sale Act 1994and the Pipeline Authority Act 1973

[Assented to 16 December 1994]

The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Pipeline Legislation Amendment Act 1994.

Commencement

2.(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) Part 2 is taken to have commenced on 30 June 1994.

PART 2—AMENDMENTS OF THE MOOMBA-SYDNEY PIPELINE SYSTEM

SALE ACT 1994

Principal Act

3. In this Part, "Principal Act" means the Moomba-Sydney Pipeline System Sale Act 19941.

Dual destination instruments that create easements

4. Section 16 of the Principal Act is amended by adding at the end:

"(6) This section is not intended to affect the operation of any law of a State or Territory with respect to the construction or operation of pipelines or parts of pipelines that is capable of operating concurrently with this section.".

Instruments relating to the easements of the Authority or Pacenco that are not specified in the easement agreement

5. Section 18 of the Principal Act is amended:

(a) by omitting from subsection (1) "that is not specified in the easement agreement" and substituting "covered by section 17";

(b) by adding at the end:

"(4) This section is not intended to affect the operation of any law of a State or Territory with respect to the construction or operation of pipelines or parts of pipelines that is capable of operating concurrently with this section.".

PART 3—AMENDMENT OF THE PIPELINE AUTHORITY ACT 1973

Principal Act

6. In this Part, "Principal Act" means the Pipeline Authority Act 19732.

Insertion of new Part VB

7. After Part VA of the Principal Act the following Part is inserted:

"PART VB—TRANSFER TO GORODOK OF EASEMENTS OF THE AUTHORITY RELATING TO THE MOOMBA-BOTANY PIPELINE

Definitions

"33ZE. In this Part, unless the contrary intention appears:

'authorised person' means:

(a) the Minister; or

(b) a person authorised by the Minister, in writing, for the purposes of this Part;

'easement' includes a right in relation to land;

'Gorodok' means Gorodok Proprietary Limited (A.C.N. 057 156 751);

'instrument' includes a document;

'Moomba-Botany pipeline' means the pipeline that, when constructed, will carry gas from Moomba in South Australia to Botany in New South Wales;

'transfer day',in relation to a transferring interest, means the day specified in a notice under section 33ZF;

'transferring interest' means an easement specified in a notice under section 33ZF.

Specifying the easements etc. to be transferred to Gorodok and the transfer day

"33ZF.(1) An authorised person may, by notice in the Gazette,specify:

(a) an easement that relates to the Moomba-Botany pipeline; and

(b) the transfer day for that easement.

"(2) The authorised person may make and publish one or more notices under subsection (1).

Transfer to Gorodok of transferring interests of the Authority

"33ZG. By force of this section, each transferring interest of the Authority:

(a) ceases to be an asset of the Authority; and

(b) becomes an asset of Gorodok;

on the transfer day for the interest.

Instruments relating to the transferring interests of the Authority

"33ZH.(1) An authorised person may, by notice in the Gazette,on or before the transfer day for a particular transferring interest, specify an instrument that relates to the interest for the purposes of this section.

"(2) An instrument specified in a notice under subsection (1) continues to have effect, on and after the transfer day for the transferring interest that relates to the instrument, as if a reference in the instrument to the Authority were a reference to Gorodok.

Certificates in relation to interests in land

"33ZJ.(1) This section applies if:

(a) an interest in land becomes an interest in land of Gorodok under this Part; and

(b) there is lodged with a land registration official a certificate that:

(i) is signed by an authorised person; and

(ii) identifies the interest, whether by reference to a map or otherwise; and

(iii) states that the interest has become an interest in land of Gorodok under this Part.

"(2) The land registration official may:

(a) register the matter in the same way in which dealings in interests in land of that kind are registered; and

(b) deal with, and give effect to, the certificate.

"(3) A document that appears to be a certificate under subsection (1) is taken to be such a certificate and to have been properly given unless the contrary is established.

"(4) In this section:

'land registration official' means the Registrar of Titles or other proper officer of the State in which the land concerned is situated.

Commonwealth and Authority to take steps necessary to carry out transfers

"33ZK. The Commonwealth and the Authority must take the steps that are necessary to ensure that this Part is fully effective.

Part to have effect in spite of laws prohibiting transfers

"33ZL.(1) This Part has effect, and must be given effect to, in spite of anything in:

(a) any law of the Commonwealth or any law of a State or Territory; or

(b) any instrument.

"(2) Without limiting subsection (1), if the consent of a person is necessary in order to give effect to this Part in a particular respect, the consent is taken to have been given.".

NOTES

1. No. 70, 1994.

2. No. 42, 1973, as amended. For previous amendments, see No. 216, 1973; No. 91, 1976; No. 36, 1978; No. 109, 1980; No. 115, 1983; Nos. 65, 159 and 166, 1985; No. 76, 1986; Nos. 21 and 129, 1989; Nos. 122 and 199, 1991; Nos. 7 and 188, 1992; and Nos. 20 and 70, 1994.

[Minister's second reading speech made in—

Senate on 9 November 1994

House of Representatives on 6 December 1994