Pipelines Act 1967 Pipelines Regulation 1993 (1993-455) [GG No 97 of 1.9.1993] (NSW)
1993—No. 455
PIPELINES ACT 1967—REGULATION
(Pipelines Regulation 1993)
NEW SOUTH WALES
[Published in Gazette No. 97 of I September 1993]
HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Pipelines Act 1967, has been pleased to make the Regulation set forth hereunder.
GARRY WEST, M.P.,
Minister for Energy.
PART 1—PRELIMINARY
Citation
1. This Regulation may be cited as the Pipelines Regulation 1993.
Commencement
2. This Regulation commences on I September 1993.
Definitions
3. (1) In this Regulation:
“AS 2885” means the publication entitled “Pipelines—Gas and
Liquid Petroleum”, numbered “AS 2885” and published by
Standards Australia, as in force on 31 December 1987;
“Director” means the Director of the Office of Energy;
“standard map’’ means:
(a)
cadastral map (at the scale of 1:2,000, 1:4,000, 1:25,000, 1:50,000 or 1:100,000 published by the Department of Conservation and Land Management, the Department of Mineral Resources or the Australian Land Information Group; or
1993—No. 455
(b) if a map referred to in paragraph (a) is not available, a cadastral map published by a Government Department or public authority, whether of New South Wales or the Commonwealth; or (c) if maps referred to in paragraphs (a) and (b) are not available, an aerial photograph or topographic map of a standard acceptable to the Director,
being a map or photograph that indicates the boundaries of the various properties affected by the application in connection with which it is used;
“surveyor” means a person registered as a surveyor under the
Surveyors Act 1929;
“the Act” means the Pipelines Act 1967.
(2) In this Regulation a reference to a Form is a reference to a Form set
out in Schedule 4.
PART 2—AUTHORITIES TO SURVEY AND PERMITS TO
ENTER
Applications for authorities to survey (sec. 5E)
4. For the purposes of section 5E (2) of the Act:
(a)
the prescribed form of application for an authority to survey is Form 1; and
(b)
the prescribed manner of making such an application is by lodging it with the Director; and
(c)
the prescribed manner in which the lands to which the authority relates are to be specified is by means of a schedule to the application, being a schedule that lists the lands in accordance with clause 9; and
(d)
the prescribed maps are standard maps that clearly indicate (by means of red edging) the lands to which the authority relates; and
(e)
the prescribed fee is the fee specified in Schedule 1 with respect to such an application.
Applications for permits (sec. 6)
5. (1) For the purposes of section 6 (2) of the Act:
(a) the prescribed form of application for a permit is Form 2; and
(b)
the prescribed manner of making such an application is by lodging it with the Director; and
1993—No. 455
(c) the prescribed manner in which the lands to which the permit relates are to be specified is by means of a schedule to the application, being a schedule that lists the lands in accordance with clause 9; and (d) the prescribed maps are standard maps that clearly indicate (by means of red edging) the lands to which the permit relates; and (e) the prescribed fee is the fee specified in Schedule 1 with respect to such an application. (2) For the purposes of section 6 (5) of the Act, the prescribed scale to which a plan contained in a notification for publication in a newspaper must be drawn is:
(a) 1:1,000,000, if the pipeline is between 160 and 800 kilometres in length and the plan is a copy of a standard map; or (b) such other scale as may be approved by the Director in any particular case or class of cases. Notice to councils, owners and occupiers of applications for permits etc. (sec. 7)
6. (1) For the purposes of section 7 of the Act, the prescribed form of
notice to be given to a council, to a county council or to an owner oroccupier of land with respect to an application for a permit is Form 3.
(2) After service of the notices required to be given under section 7 of
the Act, an applicant must serve on the Minister a declaration in Form 4.
(3) If the applicant is a corporation, the declaration must be made on itsbehalf by the managing director, the secretary or such other person as
may be approved by the Director.
) A person must not, in a declaration made under this clause, make a statement that the person knows to be false or misleading in a material
particular.
Maximum penalty: 5 penalty units.
Applications for variation of application for permit (sec. 7A)
7. (1) For the purposes of section 7A (2) of the Act, the provisions of sections 6 (2), (3), (4) and (5) and 7 of the Act, modified as follows, apply to and in respect of an application for variation of an application for a permit:
(a) subsections (2) (c), (2) (ci) (5) (b) and (5) (c) of section 6 are to be read as applying only in relation to lands intended to be
included in or excluded from the application for a permit;
1993—No. 455
(b) section 6 (2) (e) is to be read as not requiring the furnishing of particulars which have already been furnished with the application to be varied; (c) a reference in section 7 to the making of an application for a permit is to be read as if it were a reference to the making of an application for variation of the application for a permit.
(2) For the purposes of the provisions of section 6 (2) of the Act that are applied by operation of subclause (1):
(a) the prescribed form of application for variation of an application for a permit is Form 5; and (b) the prescribed manner of making such an application is by lodging it with the Director; and (c) the prescribed manner in which the lands to which the application relates are to be specified is by means of a schedule to the application, being a schedule that lists the lands in accordance with clause 9; and (d) the prescribed maps are standard maps that clearly indicate (by means of red edging) the lands to which the application relates; and (e) the prescribed fee is the fee specified in Schedule 1 with respect to such an application.
(3) For the purposes of the provisions of section 6 (5) of the Act that are applied by operation of subclause (1), the prescribed scale to which a plan contained in a notification for publication in a newspaper must be drawn is:
(a) 1:1,000,000, if the pipeline is between 160 and 800 kilometres in length and the plan is a copy of a standard map; or (b) such other scale as may be approved by the Director in any particular case or class of cases.
) For the purposes of the provisions of section 7 of the Act that are applied by operation of subclause (1), the prescribed form of notice to be given to a council, to a county council or to an owner or occupier of land with respect to the variation of an application for a permit is Form 3.
(5) Clause 6 applies to a notice referred to in subclause (4) in the same way as it applies to a notice referred to in clause 6 (1).
Applications for variation of permit (sec. 9A)
8. (1) For the purposes of the provisions of section 6 (2) of the Act
that are applied by operation of section 9A (2) of the Act:
1993—No. 455
the prescribed form of application for variation of a permit is
Form 6; and
the prescribed manner of making such an application is by lodging
it with the Director; and
the prescribed manner in which the lands to which the application
relates are to be specified is by means of a schedule to the
application, being a schedule that lists the lands in accordance
with clause 9; and
the prescribed maps are standard maps that clearly indicate (by
means of red edging) the lands to which the application relates;and
to such an application. the prescribed fee is the fee specified in Schedule 1 with respect (2) For the purposes of the provisions of section 6 (5) of the Act that are applied by operation of section 9A (2) of the Act, the prescribed scale to which a plan contained in a notification for publication in a newspaper must be drawn is:
(a) 1:1,000,000 if the pipeline is between 160 and 800 kilometres in length and the plan is a copy of a standard map; or (b) such other scale as may be approved by the Director in any particular case or class of cases. (3) For the purposes of the provisions of section 7 of the Act that are applied by operation of section 9A (2) of the Act, the prescribed form of notice to be given to a council, to a county council or to an owner or occupier of land with respect to an application for variation of a permit is Form 3.
(4) Clause 6 applies to a notice referred to in subclause (3) in the same way as it applies to a notice referred to in clause 6 (1).
Applications generally
9. (1) A schedule of lands prepared for the purposes of this Part: must list the lands concerned in a continuous geographical sequence; and
must identify any reserves or dedications under the Crown Lands Act 1989 and any lands the subject of an authority or mineral claim under the Mining Act 1992; and
lot and deposited plan numbers or allotment and section numbers, must identify each parcel of land by reference to portion numbers, as shown on the maps accompanying the application.
1993—No. 455
(2) On any map prepared for the purposes of this Part, the approximate route of the pipeline and the approximate location of any proposed apparatus or works must be clearly shown.
PART 3—PIPELINE LICENCES
Division 1—General
Applications for licences (sec. 13)
10. (1) For the purposes of section 13 (1) of the Act:
(a) the prescribed form of application for a licence is Form 7; and
(b) the prescribed manner of making such an application is by lodging it with the Director; and (c) the prescribed manner in which the accompanying plan is to be drawn is the manner set out in Division 2; and (d) the prescribed fee is the fee specified in Schedule 1 with respect to such an application.
(2) For the purposes of section 13 (3) of the Act, the prescribed form of notification to be published with respect to an application for a licence is Form 8.
Applications for variation of application for licence (sec. 13A)
11. (1) For the purposes of section 13A (3) of the Act:
(a) the prescribed form of application for variation of an application for a licence is Form 9; and (b) the prescribed fee is the fee specified in Schedule 1 with respect to such an application.
(2) For the purposes of section 13A (4), (5) and (6) of the Act, the prescribed manner in which the accompanying plan is to be drawn is the manner set out in Division 2.
(3) For the purposes of section 13A (7) of the Act, the prescribed form of notification to be published with respect to an application for variation of an application for a licence is Form 10.
Applications for renewal of licence (sec. 16)
12. For the purposes of section 16 (2) of the Act:
(a)
the prescribed form of application for renewal of a licence is Form 11; and
1993—No. 455
(b)
the prescribed manner of making such an application is by lodging it with the Director; and
(c)
the prescribed fee is the fee specified in Schedule 1 with respect to such an application.
Applications for variation of licence area (sec. 18)
13. (1) For the purposes of section 18 (3) of the Act:
(a) the prescribed form of application for variation of a licence area is Form 12; and (b) the prescribed fee is the fee specified in Schedule 1 with respect to such an application.
(2) For the purposes of section 18 (4), (5) and (6) of the Act, the prescribed manner in which the accompanying plan is to be drawn is the manner set out in Division 2.
(3) For the purposes of section 18 (7) of the Act, the prescribed form of notification to be published with respect to an application for variation of a licence area is Form 13.
Division 2—Plans to accompany applications for
pipeline licences etc.
Form of plans
14. (1) A plan may comprise an unlimited number of plan sheets.
(2) Each plan sheet:
(a) must be drawn on tracing linen of good quality or on polyester film having a thickness of 0.05–0.15 mm and at least one matt surface; and (b) must comply with the requirements of the Conveyancing (General) Regulation 1992 with respect to Plan Form 2 or Plan Form 3, as referred to in that Regulation, whichever is appropriate.
(3) Any separate diagrams or tabulations of dimensions or marks used on a plan sheet must be shown on the skeet.
A plan sheet must be prepared by or under the supervision of a
| surveyor and be signed by the surveyor. |
(5) If a plan sheet effects a subdivision, the approval of the council
concerned must be endorsed on it.
1993—No. 455
Information to be included on plan sheets
15. (1) Within the plan-drawing area of a plan sheet there is to appear no information other than:
(a)
the plan and any separate diagrams and tabulations of dimensions and marks relating to the plan; and
(b)
in the case of a plan sheet defining the site of an easement, title details as required by this Regulation; and
(c) the route of the proposed pipeline.
(2) Each plan sheet must show (in the spaces of the information panel
of the plan sheet reserved for such particulars): (a) a general description of the pipeline; and (b) the county and parish applicable to the plan sheet; and
(c) certificates, signatures, seals and other information applicable to the plan sheet.
(3) A plan sheet defining land must show, in the part of the information panel reserved for land, the following particulars:
(a) a short description of the land, including the reference to title;
(b) the local government area in which the land is situated;
(c) the nature of any apparatus or works to be erected on the land.
(4) A plan sheet defining the site of an easement must show in the
plan-drawing area of the plan sheet details of all titles to which the plan sheet relates (other than authorities and mineral claims under the Mining Act 1992).
(5) No printing, writing or information (other than Departmental directions or the surveyor’s reference) is to appear in or extend into the margins of a plan.
Plans to comply with certain requirements
16. A plan must comply with:
(a) the requirements set out in Schedule 2 to this Regulation; and
(b)
the requirements set out in Schedule 4 to the Conveyancing (General) Regulation 1992; and
(c)
if the plan comprises a plan of survey, the requirements of clause 20 of the Conveyancing (General) Regulation 1992; and
(d) if the plan does not comprise a plan of surve the requirements of
clause 21 of the Conveyancing (General) egulation 1992.
1993—No. 455
Instruments to accompany plans
17. A plan to which this Division applies must be accompanied by an instrument, in or to the effect of Form 14, being an instrument that complies with:
(a) the requirements of Schedule 3 to this Regulation; and
(b)
the requirements of Schedule 3 to the Conveyancing (General) Regulation 1992.
PART 4—CONSTRUCTION, MAINTENANCE
AND OPERATION OF PIPELINES
Division 1—Safe working practices
Operations to be carried out in a workmanlike manner
18. A licensee must ensure that:
(a)
all operations under the licence are carried out in a good and workmanlike manner and in accordance with recognised and approved methods and practices; and
(b)
persons employed in the construction, maintenance or operation of the pipeline do not work in an unsafe manner or in unsafe circumstances; and
(c)
all tools and equipment used in the construction, maintenance or operation of the pipeline are in a safe working condition.
Maximum penalty: 5 penalty units.
Safety appliances etc.
19. (1) A licensee must provide adequate safety appliances and devices (including safety hats of a type approved by an inspector and suitable eye protection equipment) for the protection of employees.
Maximum penalty: 5 penalty units.
(2) An employee employed in the construction, maintenance or operation of a pipeline must use the safety appliances and devices for the purposes for which they were provided.
Maximum penalty: 1 penalty unit.
(3) An employee, while so employed, must not use any tools,
equipment, appliance or other thing, or behave, in a manner likely to
endanger himself or herself or any other person.
Maximum penalty: 1 penalty unit.
1993—No. 455
Clothing
20. An employee employed in attending to moving machinery used in the construction, maintenance or operation of a pipeline must wear close-fitting and close-fastened garments which cannot be readily caught up or become entangled in the machinery.
Maximum penalty: 1 penalty unit.
Contractors
21. This Division applies to persons carrying out works under contract and to employees of those persons in the same way as it applies to licensees and their employees.
Division 2—Reporting and inspection
Escape or ignition of substances
22. (1) Immediately on becoming aware of the uncontrolled escape of any substance from a pipeline, or the ignition of any substance being conveyed in a pipeline, the licensee must cause an inspector to be notified of the escape or ignition by facsimile transmission or by telephone.
Maximum penalty: 5 penalty units.
(2) The licensee must take such action as is necessary to safeguard
human life and to minimise the loss of the substance from the pipeline
and pollution of surrounding lands and waters.
Maximum penalty: 5 penalty units.
| Immediately after completing any repairs to the pipeline made necessary by the escape or ignition, the licensee must cause a written |
report to be sent to the Director giving full information as to:
(a) the time and place of the escape or ignition; and
(b) the approximate quantity of the substance that has escaped; and
| (c) | the damage, if any, that has resulted from the escape or ignition; and | |
| (d) | the conditions that caused or contributed to the escape or ignition, as they become known; and | |
| (e) | the nature and description of the repairs that have been carried out | |
|
Maximum penalty: 5 penalty units.
1993—No. 455
(4) The obligations imposed on a licensee by this clause extend to a person appointed by the licensee as a person-in-charge under this Regulation, but if either the licensee or the person-in-charge complies with the requirements of this clause, the other is excused from such compliance.
Reports of accidents
23. (1) If a person employed on the construction, maintenance or
operation of a pipeline is killed or injured by reason of an accident, thelicensee must cause written notice of that fact to be sent to an inspector:
(a) within 24 hours, in the case of death or serious injury; or
(b) within 21 days, in any other case.
Maximum penalty: 10 penalty units.
(2) The notice must specify the nature of the accident and the number of persons killed or injured and, in the case of injured persons, a description of the injuries.
(3) A person must not, except with the consent of an inspector, alter any condition existing at the place where an accident occurred until the expiration of at least 3 days after the sending of notice of the accident, or until the place is visited by an inspector, whichever first happens.
Maximum penalty: 10 penalty units.
(4) Subclause (3) does not apply if compliance with its requirements would tend to increase or continue a danger or unnecessarily impede the work of constructing, maintaining or operating the pipeline.
(5) The obligations imposed on a licensee by this clause extend to a person appointed by the licensee as a person-in-charge under this Regulation, but if either the licensee or the person-in-charge complies with the requirements of this clause, the other is excused from such Compliance.
(6) For the purposes of this clause, any injury is a serious injury unless it is an injury that, in the opinion of the supervisor, foreman or other person-in-charge of the person injured (formed at the time or within 24 hours after the injury), is not of a serious nature and should not necessitate absence from work for more than 14 consecutive days.
Inquiry into accidents
24. (1) An inspector may inquire into my accident arising out of the construction, maintenance or operation of a pipeline or apparatus or works.
1993—No. 455
(2) An inspector must send a report on any such inquiry to the Director.
Powers of inspector
25. (1) If an inspector discovers that a part of a pipeline is not being or
has not been constructed, maintained or operated in accordance with:
(a) a provision of the Act or this Regulation; or
(b) a condition of the pipeline licence,
the inspector may, by notice in writing given to the licensee, require the licensee to make such alterations to that part as are specified in the notice so that it will be constructed, maintained or operated in accordance with that provision or condition.
(2) The licensee must comply with the requirements of the notice, whether or not an appeal against them has been made to the Minister under this clause.
Maximum penalty: 5 penalty units.
(3) The licensee may appeal to the Minister against the requirements of
the notice.
(4) The decision of the Minister on such an appeal is final.
Division 3—General
Person-in-charge
| 26. (1) Before commencing the | construction, maintenance or operation |
of a pipeline a licensee:
(a) must appoint a person as person-in-charge of the construction, maintenance or operation; and
(b)
must advise the Director in writing of the appointment (including the name and address of the appointee and the appointee’s acknowledgment of the appointment).
Maximum penalty: 5 penalty units.
(2) Within 7 days after a person ceases to be appointed as a
person-in-charge, the licensee:
(a) must appoint another person in that person’s place; and
(b)
must advise the Director in writing of the appointment (including the name and address of the appointee and the appointee’s acknowledgment of the appointment).
Maximum penalty: 5 penalty units.
1993—No. 455
Fire fighting equipment
27. A licensee must ensure that there is provided, at all locations at which a fire hazard exists, such fire fighting equipment as may from time to time be required by an inspector.
Maximum penalty: 5 penalty units.
Warning notices
28. (1) A licensee must ensure that, at all locations at which there exist conditions which could adversely affect safety to life or property, appropriate notices are displayed warning employees and any other persons of those conditions.
Maximum penalty: 5 penalty units.
(2) Examples of the kind of notices that may be appropriate are as
follows:
“NO ENTRY TO UNAUTHORISED PERSONS” or “KEEP OUT”
“NO SMOKING OR NAKED LIGHTS”
“SAFETY HELMET AREA”
“CAUTION—GAS”
“CAUTION—EXPLOSIVES IN USE”(3) Any such notice must be in a form approved by an inspector.
Disturbance of lands
. (1) A licensee must carry out all operations under the licence in such a manner as not to interfere with the existing use of land to a greater
extent than may be necessary.
Maximum penalty: 10 penalty units.
licensee must ensure that the surface of the land is restored as nearly as ) At the conclusion of the construction and any other operations, a
practicable to the condition in which it was immediately before the
commencement of those operations.
Maximum penalty: 10 penalty units.
Agricultural land
30. (1) Unless exempted in writing from the requirements of this
clause by the owner and the occupier of the land, a licensee:
1993—No. 455
(a)
must, when excavating for the laying of a pipeline through agricultural land over which the licensee has an easement, remove the topsoil and put it to one side before the trench is further excavated; and
(b) must, when refilling the trench:
(i) replace sufficient subsoil to enable the trench to be completely filled after the topsoil has been replaced; and
(ii) compact the subsoil that has been replaced; and
(iii) replace the topsoil; and
(c) must dispose of any surplus subsoil in such manner:
(i) as may be agreed on between the licensee and the owner or occupier; or
(ii) in default of agreement, as may be directed by an inspector.
Maximum penalty: 10 penalty units.
(2) In this clause, “agricultural land” includes any land used:
(a) for growing anything for consumable or decorative purposes; or
(b) for dairy or poultry farms; or
(c) for rearing an animal or bird; or
(d) as grazing land or pasture land.
Public thoroughfare
31. A licensee must preserve a free, uninterrupted and safe passage to and over a public road during construction, maintenance or operation of a pipeline on, under, over or through the road.
Maximum penalty: 5 penalty units.
Damage by other persons
32. A person must not, without the prior approval of the licensee and the Energy Corporation of New South Wales, damage or occupy any land. used for the construction or operation of a pipeline if the damage or occupation would result in interference to the construction or operation of the pipeline or the licensee’s lawful access to the pipeline or the site of the proposed pipeline.
Maximum penalty: 10 penalty units.
1993—No. 455
PART 5—MISCELLANEOUS
Compensation (sec. 22A)
For the purposes of section 22A (2) of the Act: reference to the date of publication of the relevant notification by which lands or easements have become vested in a licensee under section 21 (2) of the Pipelines Act 1967; and
a reference in the Land Acquisition (Just Terms Compensation)
Act 1991 to an acquisition notice is to be read as a reference to a
notification under section 21 (1) of the Pipelines Act 1967; and
a reference in the Land Acquisition (Just Terms Compensation)
Act 1991 to the acquisition of land is to be read as a reference to
the vesting of lands or easements under section 21 (2) of the
Pipelines Act 1967; and
a reference in the Land Acquisition (Just Terms Compensation)
purpose for which lands or easements may be vested in a licensee a reference in the Land Acquisition (Just Terms Compensation) Act 1991 to a public purpose is to be read as a reference to any under section 21 (2) of the Pipelines Act 1967. Application for directions as to the conveyance of substances (sec. 23) 34. For the purposes of section 23 (2) of the Act:
(a)
the prescribed form of application for a direction as to the conveyance of substances is Form 15; and
(b)
the prescribed manner of making such an application is by lodging it with the Director.
Marking of route of pipelines (sec. 27)
35. (1) For the purposes of section 27 of the Act, the prescribed manner in which the route of a pipeline must be marked is as set out in this clause.
(2) The licensee must erect at the following points notices indicating the route of the pipeline in respect of which the licence is held:
(a) at each point where the pipeline crosses the boundary of a property, highway, road, railway, river or stream;
(b) at each abrupt changee of direction of the pipeline;
1993—No. 455
(c)
at each point where the pipeline crosses a significant service, such as:
(i) a telecommunications or electric power cable; or
(ii) a major pipeline or drain (including a major water pipeline, sewer or buried stormwater drain);
(d) if the pipeline:
(i) runs alongside a highway, road or railway; or
(ii) is on land other than land classified as Class R1 or equivalent in AS 2885,
at such intervals as will enable each notice to be visible from the sites of the next adjacent notices but not, in any case, at intervals exceeding 500 metres;
(e)
if the pipeline is on land classified as Class R1 or equivalent in AS 2885, at such intervals as will enable each notice to be visible from the sites of the next adjacent notices but not, in any case, at intervals exceeding 1 kilometre.
(3) The notice:
(a)
must indicate the location of the pipeline, its description, the name of the pipeline operator and a telephone number for the purpose of contact in an emergency; and
(b)
must contain a statement directing excavators to contact the pipeline operator before digging near the pipeline; and
(c) must be in a form approved by the Minister; and
(d) must be double-sided; and(e) must comply with the requirements of AS 2885.
| The licensee must maintain each notice so that, at all times, it is legible and is visible from the next adjacent notices. |
Notices marking pipeline routes not to be damaged or removed
36. (1) A person must not damage or remove a notice erected in accordance with section 27 of the Act. Maximum penalty: 10 penalty units. (2) If a pipeline in respect of which notices have been erected in
accordance with section 27 of the Act is removed, the licensee must also
remove the notices.
Maximum penalty (subclause (2)): 5 penalty units.
1993—No. 455
Licence fees: maximum annual fee per kilometre of pipeline
37. For the purposes of section 37 (1) of the Act, $500 is prescribed as the maximum annual fee per kilometre, or portion of a kilometre, of pipeline which may be determined by the Minister.
Application of Local Government Act 1993 to apparatus and works 38. The following apparatus and works are prescribed for the purposes
of section 40 (1) (b) of the Act:
(a) despatching and receiving terminals and stations;
(b) on line compressor and pumping stations;
(c) meter and control stations;
(d) scraper stations;
(e) storage tanks;(f) maintenance depots.
Applications for transfer of permit or licence (sec. 42)
form for an instrument of transfer of a permit or licence is Form 16. ) For the purposes of section 42 (3) of the Act, the prescribed (2) For the purposes of section 42 (8) of the Act, the prescribed fee for registration of the transfer of a permit or licence is the fee specified with respect to registration in Schedule 1.
Application for registration of interest that has devolved by law sec. 43)
40. For the purposes of section 43 (2) of the Act, the prescribed fee for registration of a person as the holder of a permit or licence is the fee specified with respect to registration in Schedule 1.
Application for registration of instrument creating etc. an interest sec. 45)
41. For the purposes of section 45 (7) of the Act, the prescribed fee for registration of the approval of an instrument is the fee specified with respect to registration in Schedule 1.
Inspection of register and documents (sec. 50)
42. For the purposes of section 50 (1) of the Act, the prescribed fee forinspection of the register and registered instruments is the fee specified
with respect to inspection in Schedule 1.
1993—No. 455
Pipeline searches (sec. 50A)
43. For the purposes of section 50A (2) of the Act, the prescribed fee for an application for information is the fee specified with respect to such an application in Schedule 1.
Evidentiary certificates (sec. 51)
4. (1) For the purposes of section 51 (2) of the Act, the prescribed fee for the supply of copies of or extracts from the register, or of or from any instrument lodged with the Minister, is the fee specified with respect to such an application in Schedule 1.
(2) For the purposes of section 51 (3) of the Act, the prescribed fee for a certificate under that subsection is the fee specified with respect to such a certificate in Schedule 1.
Surveying of pipelines etc.
45. A survey that is carried out for the purposes of the Act is not duly carried out unless it is carried out in accordance with the Survey Practice Regulation 1990.
Repeal
46. The Pipelines Regulations 1968 are repealed.
Transitional
47. (1)
A plan or instrument which does not comply with the this regulation may, during the period ending 6 months after that commencement, be treated as if it complied with this Regulation.
requirements of this Regulation but which complies with the Pipelines
(2) For the period ending on 1 September 1998:
(a)
the provisions of the Pipelines Regulations 1968 continue to apply; and
(b) the provisions of this Regulation do not apply,
to the erection of signs or notices to mark the route of a pipeline that immediately before the commencement of this Regulation, was marked in accordance with provisions of the Pipelines Regulations 1968
1993—No. 455
SCHEDULE 1—FEES
(1) Application for authority to survey under section 5E of the Act
(clause 4) ....................................................................................... 2,000
(2) Application for permit under section 6 of the Act (clause 5):
(a) if the proposed pipeline is 1 kilometre or less in length 645 (b) if the proposed pipeline is more than 1 kilometre in
length .............................................................................. 1,275
(3) Application to vary application for permit under section 7A of
the Act (clause 7) ......................................................................... 320
(4) Application for variation of permit under section 9A of the Act
(clause 8) ....................................................................................... 320
(5) Application for licence under section 13 of the Act (clause 10) 2.400 (6) Application to vary application for licence under section 13A of
the Act (clause 11) ....................................................................... 320
(7) Application for renewal of licence under section 16 of the Act
(clause 12) .................................................................................... 645
(8) Application for variation of licence area under section 18 of the
Act (clause 13) ............................................................................ 645
(9) Registration of transfer under section 42 of the Act (clause 39) 43 (10) Registration under section 43 of the Act (clause 40) ................... 100 (1 1) Registration of approval to an instrument creating etc. a legal or equitable interest affecting an existing or future permit or licence under section 45 of the Act (clause 41) ..........................
43
(12) Inspection of register under section 50 of the Act (clause 42) 10 (13) Application for information under section 50A of the Act (clause 43):
(a) pipeline search .................................................................. 30 (b) urgent pipeline search ....................................................... 48
(c) other search ....................................................................... (14) Copies of or extracts from the register or of or from an instrument lodged with the Minister, certified by the Minister under section 51 of the Act (clause 44 (1))—a fee of $37 and, in addition, $31 for each diagram and, if the copy or extract exceeds 3 folios, an additional $4 for each folio in excess of 3.
16
(15) Certificate by the Minister as to an entry, matter or thing under
section 51 of the Act (clause 44 (2)) ............................................. 13
1993—No. 455
SCHEDULE 2—REQUIREMENTS FOR PLANS
(Cl. 16)
(1) A parcel of land with a subsisting identity must not be renumbered as a lot in
the plan.
(2) If part of a parcel of land in the plan is not subject to the provisions of the Real Property Act 1900, that part and the part subject to the provisions of that Act must be separately numbered.
(3) Each such part is to be regarded as a separate parcel for the purposes of thisRegulation.
(4) If a proposed subdivision of land subject to the provisions of the Real Property
Act 1900 does not comprise the whole of the land in a folio of the Registerunder that Act, the plan of the subdivision must show the residue to scale.
(5) The residue must be numbered as a separate parcel.
(6) If the boundaries of the residue are extensive, the part of the plan showing the
residue may (unless the Registrar-General otherwise requires) be compiled and
the bearings for the boundaries may be omitted.
(7) The plan must be drawn at a reduction ratio which will admit of all details and
notations being clearly reproduced by photographic process at double the ratio.(8) A plan sheet defining land must not show easement sites other than as abuttals
or burdens.
(9) The following parcels of land must be shown with a heavier outline than that used for any other parcels of land shown on the plan:
(a) lots of a proposed subdivision (including new roads);
(b)
parcels of land and sites of easements that are vested in the applicant and proposed to be used for the purposes of the pipeline;
(c)
parcels of land and sites of easements in respect of which the applicant desires the Governor to exercise the powers specified in section 21 of the Act (vesting of lands or easements in licensee).
(10) In the plan:
(a)
the site of each easement to be used for the purposes of the pipeline must be indicated in the plan-drawing area of a plan sheet, together with sufficient indication of the nature of the easement to distinguish it from any other easement shown on the plan sheet; and
(b)
a statement, in or to the effect of Form 17, specifying the easements illustrated on a plan sheet (and no other easements) must be legibly printed in dense black waterproof ink in the panel provided on the plan sheet (the statement must not incorporate the text of an easement nor specify the parcels intended to be benefited or burdened); and
(c)
a common terminology must be maintained in each plan sheet for each category of easement.
(11) A plan sheet defining the site of an easement must contain the following:
(a) a statement of the reduction ratio at which the plan sheet is drawn;
(b)
particulars of any pegs, marks or monuments of former surveys used or connected to (together with references to the catalogue or registered numbers of the plans of any such surveys);
1993—No. 455
(c)
information as to the nature of and connections from survey marks placed in accordance with the Survey Practice Regulation 1990, specifically noting and relating the survey marks related to astronomical observations;
(d) a separate identifying number for each survey mark placed;
(e)
information sufficient to indicate that the external boundaries of the site have been properly established and do not include any part of adjoining properties or roads not already disclosed and illustrated;
(f)
the north point (not necessarily upwards) and the meridian to which it relates;
(g) references to adjoining plans;
(h) the widths of all roads shown on the plan sheet;(i) the present names of all roads shown on the plan sheet (if the name of a road differs from that shown on plans registered in the office of the Registrar-General, the plan sheet must be accompanied by a letter from the appropriate authority confirming the change of name);
(j) a certificate by the surveyor by or under whose supervision the plan sheet was prepared to the effect that the plan complies with the provisions of the Pipelines Regulation 1993.
(12) A notation relating to an easement must not be entered on the plan otherwise than as prescribed in this Regulation.
(13) All plan sheets defining land must be grouped as the leading sheets of the plan and the designation “Sheet 1” and successive sheet numbers must be allotted to them.
(14) Plan sheets (other than plan sheets defining land) must be arranged, and sheet
numbers allotted, in a sequence which follows the continuity of the pipeline.
(15) Sheet numbers must be allotted in a strictly numerical sequence commencing at
Sheet 1.
(16) The sheet number must be clearly indicated on each plan sheet together with the total number of sheets in the plan.
(17) Each plan sheet must clearly indicate in the plan-drawing area the sheet numbers of abutting sheets.
(18) Each plan sheet must bear a certificate, in or to the effect of Form 18, signed by the applicant or by some other person on the applicant’s behalf.
SCHEDULE 3—REQUIREMENTS FOR INSTRUMENTS TO
ACCOMPANY PLANS
(Cl. 17)
(1) Each sheet must bear an appropriate heading establishing identity with the
pipeline plan.
(2) Each sheet must bear a statement clearly indicating its individual sheet number together with the total of the number of sheets in the instrument.
(3) The instrument must be flat and free from blemishes or creases caused by folding or otherwise.
(4) Each sheet must be signed by the applicant or by some other person duly authorised by the applicant.
1993—No. 455
(5) Part 1 of the instrument must state the full and correct name and address of the
applicant.
(6) The schedule to Part 2 of the instrument:
(a)
must state the details of the lands or easements to be acquired for the purposes of the pipeline in a numbered order following the continuity of the pipeline; and
(b) must relate each to the plan sheet on which it is illustrated.
(7) Part 3 of the instrument:
(a) must group each category of easements which are in the same terms; and (b) must relate each group to the easement numbers allotted in the schedule to Part 2 of the instrument; and (c) must refer to the easements in the same way as in the panel of the plan sheet.
(8) Part 4 of the instrument must set out (in the same order as in Part 3 of the instrument) the text of each easement referred to in Part 3, but it is unnecessary to set out the text of an easement in Part 4 if the easement:
(a)
is identified by reference to the registration number of an instrument, registered in the office of the Registrar-General, by which the easement was created (or by reference to an instrument which, on registration in that office, will create the easement); or
(b)
is expressed in Part 3 as an “easement for pipeline” or “easement for access” (and, if that expression has been altered by the addition of a proviso, the proviso is recited in Part 4).
(9) The schedule to Part 5 of the instrument:
(a)
must state the details of the lands to be excluded or easements to be extinguished in a numbered order following the continuity of the pipeline; and
(b) must relate each to the plan sheet on which it is illustrated.
(10) The details of the lands or easements must include:
a heading or headings within each schedule sheet, showing the relevant county and parish and locality of the lands and the easements over lands listed in that sheet; and
the reference to title and description of all lands affected in fee or by
easement; and
the full and correct names of persons holding interests in all such
lands, and the nature of such interests (other than interests in roads or
watercourses); anddetails of any instruments registered in the office of the
Registrar-General which vest any of the lands or easements over lands in the applicant; and
details of any instruments intended to be lodged for registration in the
office of the Registrar-General which vest or are intended to vest any
of the lands or easements over lands.
1993—No. 455
(11) For the purposes of this Regulation:
(a) in any instrument purporting to create an easement for a pipeline the expression “easement for pipeline” has the same effect as if there had been used instead the words contained in Form 19; and (b) in any instrument purporting to create an easement for access to a pipeline or for access to apparatus or works the expression “easement for access” has the same effect as if there had been used instead the words contained in Form 20.
(12) The meanings of the expressions “easement for pipeline” and “easement for access” may be altered by the addition of provisos.
SCHEDULE 4—FORMS
Form 1
(Cl. 4)
APPLICATION FOR AUTHORITY TO SURVEY
(PIPELINES ACT 1967)
(Section 5E)
To the Minister for Energy, Sydney.
..........................................................................................................................................
(name of applicant)
applies for an authority to survey for the purpose of investigating possible routes for a
pipeline.
1. The following particulars are supplied:
(a) Place of incorporation ..................................................................................................
(b) Business address ......................................................................................................
...........................................................................................................................................(c) Place of registered office in New South Wales ......................................................
(d)
Date of incorporation or registration in New South Wales .................................. ............................................................................................................................................
(e)
The purpose of the pipeline, with approximate throughout .................................. ...........................................................................................................................................
(f) Expected date of commencement of surveys.................................................
(g) Expected date of completion of surveys ....................................................................
1993—No. 455
2. Accompanying this application are:
(a)
maps showing the location of the lands in respect of which this application is made, indicating the starting and finishing points of the proposed pipeline; and
(b) a schedule showing particulars of:
•
the technical qualifications of the applicant and the applicant’s employees; and
• the technical advice available to the applicant; and
• the financial resources available to the applicant; and
•
the names of 2 representatives of the applicant with whom the Office of Energy may liaise for the purpose of processing this application; and
(c) the prescribed fee.
3. The application and all accompanying documents are submitted in triplicate.
........................................................
(Signa tu re of applicant) Form 2
(Cl. 5)
APPLICATION FOR PERMIT
(PIPELINES ACT 1967)
(Section 6)
To the Minister for Energy, Sydney.
...................................................................................................................................................
(name of applicant)
applies for a permit to enter lands for the purpose of determining the route of a proposed pipeline, the situation of any proposed apparatus or works and the lands (if any) to be used for the purpose of gaining access to the proposed pipeline and any proposed apparatus or works referred to in this application and the accompanying proposal, plan and other documents.
1. The following particulars are supplied:
(a) Place of incorporation ......................................................................................
(b) Business address ......................................................................................................
(c)
Place of registered office in New South Wales........................................................ ...........................................................................................................................................
(d)
Date of incorporation or registration in New South Wales .................................. ...........................................................................................................................................
(e)
Substance intended to be conveyed by pipeline .......................................... ...........................................................................................................................................
(f) Expected date of commencement of surveys ..........................................................
(g) Expected date of completion of surveys ..................................................................
1993—No. 455
2. Attached are:
(a) proposal for construction of pipeline; and
(b)
plan showing approximate route of pipeline and approximate situation of apparatus and works; and
(c) schedule specifying the lands in respect of which the permit is applied for; and
(d) schedule showing particulars of:
•
the technical qualifications of the applicant and the applicant’s employees; and
• the technical advice available to the applicant; and
• the financial resources available to the applicant; and
(e) copy of each notification published under section 6 (5) of the Act; and
(f)
evidence of arrangement made for continuous supplies of the substance to be conveyed by the pipeline; and
(g) the prescribed fee.
3. This application and all accompanying documents are submitted in quintuplicate.
Date ................................................
...........................................................
(Signature of applicant)
Form 3
(Cll. 6, 7, 8)
NOTICE OF APPLICATION FOR PERMIT/VARIATION OF APPLICATION
FOR PERMIT/VARIATION OF PERMIT
(PIPELINES ACT 1967) (Sections 7, 7A and 9A)
An application has been made to the Minister for Energy, Sydney, by ...................
..............................................................................................................................................
(name)
of ......................................................................................................................................................
(address)
for a permit (or)
variation of an application for a permit (or)
variation of a permit
1993—No. 455
to enter lands for the purpose of determining the route of a proposed pipeline for the
conveyance of .....................................................................................................................
the situation of any proposed apparatus or works and the lands (if any) to be used for the purpose of gaining access to the proposed pipeline and any proposed apparatus or works. A plan is attached showing approximately the route of the pipeline, the situation of any apparatus or works and the route for gaining access so far as they affect
your lands (or)
lands in your district
If the application is granted the applicant will be entitled to enter lands for the purposes stated above.
Written requests for information may be made to the applicant or to the Director of the Office of Energy. Any written representation with respect to the application may be addressed to the Minister for Energy.
Dated at .......................... this .......................... day of ..........................
19
...........................................
(Name of applicant)
Form 4
(Cll. 6, 7, 8)
DECLARATION BY APPLICANT FOR PERMIT
(PIPELINES ACT 1967)
I, .....................................................................................................................................................
of ...................................................................................................................................................
in the State of New South Wales, declare that:
| I, ................................................................................................................................................. | . |
(name of applicant)
is an applicant for a permit (or) for variation of an application for a permit (or) for
variation of a permit under the Pipelines Act 1967.
2. All appropriate searches and inquiries have been diligently made to ascertain all persons entitled to be served with notice under section 7 of the Act.
3. The applicant has, in accordance with section 7, caused a notice in or to the effect of Form 3 of the Pipelines Regulation 1993 to be served:
(a)
on each council and county council in whose area any part of the pipeline or apparatus and works referred to in the application is to be constructed and any route of gaining access is to be acquired; and
(b)
on each owner and each occupier, if any, of lands on which any part of the pipeline or apparatus and works referred to in the application is to be constructed and any route of gaining access is to be acquired.
1993—No. 455
4.All the notices were served: (a) within a period of 90 days after the date of making the application; (or)
(b)
within the extended time allowed by the Minister, that is, before ...................... .......................................................................................................................................
5. The last of the notices was served on .............................................................
6. The above statements are true to the best of my knowledge and belief.(7. I am authorised to make this declaration on behalf of the applicant.)
.................................................
(Signature)
Form 5
(Cl. 7)
APPLICATION FOR VARIATION OF APPLICATION FOR PERMIT
(PIPELINES ACT 1967)
(Section 7A)
To the Minister for Energy, Sydney.
.................................................................................................................................. applies for
(name of applicant)
a variation of the application for a permit dated ....................................................
and lodged ......................................................... to enter lands for the purpose of
determining the route of a proposed pipeline for the conveyance of ........................
the situation of any proposed apparatus or works and the lands (if any) to be used for the
purpose of gaining access to the proposed pipeline and any proposed apparatus orworks.
1. Attached are:
(a) reason for variation; and
(b) map showing the location of the lands to be:• included (or) • excluded (or) • included and other lands excluded; and
(c) maps showing the location on the lands referred to in paragraph (b) of:
approximate route of the pipeline (or) • the approximate situation of the apparatus or works (or)
•
the lands desired to be entered to determine the lands to be used for the purpose of gaining access to the pipeline and any apparatus or works; and
(d) copies of each notification published under section 6 (5) of the Act; and
(e) the prescribed fee.
1993—No. 455
2. The particulars of
(a) the technical qualifications of the applicant and the applicant’s employees; and
(b) the technical advice available to the applicant; and(c) the financial resources available to the applicant,
are:
(d)
now identical to those which accompanied the application for a permit in respect of which this application to vary is made; (or)
(e) set out in the attached schedule.
3. This application and all accompanying documents are submitted in quintuplicate.
Date .....................................................
...................................................
(Signature of permit holder)
...................................................
(Address)
Form 6
(Cl. 8)
APPLICATION FOR VARIATION OF PERMIT
(PIPELINES ACT 1967)
(Section 9A)
To the Minister for Energy, Sydney.
......................................................................................................................... applies for
(name of permit holder)
variation of Permit No. .................................................................. so that it applies
to additional lands.
Attached are:
(a) reason for requiring additional lands; and
(b) map showing the location of the additional lands; and(c) maps showing the location on the additional lands of:
• the approximate route of the pipeline (or)
the approximate situation of the apparatus or works (or) the lands desired to be entered to determine the lands to be used for the purpose of gaining access to the pipeline and any apparatus or works; and
(d) copy of each notification published under section 6 (5) of the Act; and
(e) the prescribed fee. .
1993—No. 455
2. This application and all accompanying documents are submitted in quintuplicate.
Date .........................................................................
.................................................
(Signature of permit holder)
...........................................................
(Address)
Form 7
(Cl. 10)
APPLICATION FOR LICENCE TO CONSTRUCT AND OPERATE
PIPELINE
(PIPELINES ACT 1967)
(Section 13)
To the Minister for Energy, Sydney.
...................................................................................................................................................
(name of applicant)
applies for a licence to construct/alter/reconstruct/operate* the pipeline referred to in this
application and the accompanying plans and other documents.
1. The following particulars are supplied:
(a) Place of incorporation ..........................................................................................
(b) Business address ..................................................................................................
(c) Place of registered office in New South Wales ......................................................(d) Date of incorporation or registration in New South Wales ..................................
(e) Permit number and date of granting ......................................................................
2. Attached are:
(a)
schedule giving the particulars required by section 13 (1) (c) of the Act and particulars of any tenures, reserves or dedications under the Crown Lands Act 1989 or any other Act;
(b)
plan drawn in accordance with the Pipelines Regulation 1993 giving the information prescribed by section 13 (1) (d) of the Act;
1993—No. 455
(c)
particulars of agreements entered into, or proposed to be entered into, for the acquisition of, or of easements over, the lands shown in the plan as prescribed by section 13 (1) (e) of the Act;
(d)
particulars of lands and easements as prescribed by section 13 (1) (f) of the Act;
(e)
copy of each notification published in accordance with section 13 (3) of the Act;
(f) instrument prescribed by clause 17 of the Pipelines Regulation 1993; and
(g) the prescribed fee of $ .........
3. This application and all accompanying documents are submitted in quintuplicate.
Date .............................................................
...........................................................
(Signature)
* Delete whichever does not apply.
Form 8
(Cl. 10)
NOTIFICATION OF INTENTION TO APPLY FOR LICENCE
(PIPELINES ACT 1967)
(Section 13 (3))
It is notified that ..................................................................................................................... .......................................................................................................................................................
(name of permittee)
of ..........................................................................................................................................................
(address)
having been granted by the Minister for Energy in terms of section 8 of the Act a permit to enter the lands specified in the permit and to carry out on those lands such surveys as the permittee considers necessary for the purpose of determining the route of the pipeline referred to in the permit and the situation of any apparatus or works; and
having now carried out such surveys,
1993—No. 455
intends to apply forthwith to the Minister for the granting by the Governor in terms of section 15 of the Act of a licence to construct and operate the pipeline referred to in the permit.
Each owner and occupier of land affected by the proposed pipeline has already been notified of the proposal. Inquiries for information may be addressed to the applicant or to the Director of the Office of Energy.
Dated at ............................... this ...................................... day of ..........................................
19
...........................................................
(Name of permittee)
Form 9
(Cl. 11)
APPLICATION FOR VARIATION OF AN APPLICATION FOR PIPELINE
LICENCE
(PIPELINES ACT 1967)
(Section 13A)
To the Minister for Energy, Sydney.
.......................................................................................................................................................
(name of applicant)
applies to amend application for licence No. .....................................................................
1. Attached are:
(a)
a statement giving particulars of the proposed amendment and reasons for the amendment; and
(b) a plan showing the location of: • the proposed variation of the route of the pipeline; (or)
• the proposed variation of the situation of any apparatus or works; (or)
•
the proposed variation of the means of gaining access to the pipeline or any apparatus or works,
and identifying the additional lands or easements referred to in paragraph (d);
and
(6) particulars of agreements entered into or proposed to be entered into by the applicant for the acquisition of, or of easernents over, the additional lands shown in the plan; and
(d)
particulars of the additional lands, or of the easements over the additional lands, agreed to be acquired or proposed to be acquired; and
1993—No. 455
(e)
copies of the notification published in accordance with section 13A (7) of the Act (not required if the application is for a minor variation); and
(f)
a plan showing the location on the lands within the licence application area of any lands proposed to be excluded; and
(g) any other matters for the consideration of the Minister; and
(h) the prescribed fee.
2. This application and the accompanying documents are submitted in quintuplicate.
Date .......................................................
...........................................................
(Signature of applicant)
.......................................................
(Business address of applicant)
Form 10
(Cl. 11)
NOTIFICATION OF INTENTION TO APPLY FOR VARIATION OF AN
APPLICATION FOR LICENCE
(PIPELINES ACT 1967)
(Section 13A (7))
It is notified that .................................................................................................................
(name of applicant)
of .......................................................................................................................................
(business address)
being the applicant in application for licence No. ............................................................
under the Pipelines Act 1967 intends to apply to the Minister to amend the application
by varying the area in respect of which that application was made so as to include
additional lands in the area.
Below is a map showing the lands intended to be included and:
(a) the proposed variation of the route of the pipeline; (or)
(b) the proposed variation of the situation of any apparatus or works; (or)
(c)
the proposed variation of the means of gaining access to the pipeline or any apparatus or works.
1993—No. 455
A description of the lands intended to be included is set out in the schedule below.
Written requests for information relating to matters contained in this application may be made to the applicant or to the Director of the Office of Energy.
Dated at ............................. this .................................. day of .............................. 19.......
...........................................................
(Signature of applicant)
SCHEDULE
...........................................................................................................................................................
...........................................................................................................................................................
......................................................................................................................................................................................................................................................................................................................
Form 11
(Cl. 12)
APPLICATION FOR RENEWAL OF LICENCE
(PIPELINES ACT 1967)
(Section 16)
To the Minister for Energy, Sydney.
....................................................................... applies for a renewal of licence
(name of licensee)
No. ............................................ for a period of not more than ...........................................
The renewal of the licence is required for the purpose of .............................................. ...........................................................................................................................................
1983—No. 455
The prescribed fee of $ ................................................................. is attached.
This application is submitted in quintuplicate.Date .........................................................................
.....................................................
(Signature of licensee)
...........................................................
(Business address of licensee)
Form 12
(Cl. 13)
APPLICATION FOR VARIATION OF LICENCE AREA
(PIPELINES ACT 1967)
(Section 18)
To His Excellency the Governor, Sydney.
....................................................................................................................... applies for a
(name of licensee)
variation of the licence area held under licence No. .........................................................
1. Attached are:
(a)
a statement giving particulars of the proposed variation and reasons for the variation; and
(b) a plan showing the location on the lands included in the licence area of: • the proposed variation of the route of the pipeline; (or)
the proposed variation of the situation of any apparatus or works; (or) • the proposed variation of the means of gaining access to the pipeline or any apparatus or works,
and identifying the additional lands or easements over lands referred to in
paragraph (d); and
(c)
particulars of agreements entered into or proposed to be entered into by the applicant for the acquisition of, or of easements over, the additional lands shown in the plan; and
(d)
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
(e)
copies of the notification published in accordance with section 18 (7) of the Act (not required if the application is for a minor variation); and
(f)
a plan showing the location on the lands within the licence area of any lands proposed to be excluded; and
1993—No. 455
(g) any other matters for the consideration of the Minister; and
(h) the prescribed fee.
2. This application and the accompanying documents are submitted in quintuplicate.
Date .........................................................................
................................................
(Signature of licensee)
.................................................. (Business address of licensee)
Form 13
(Cl. 13)
NOTIFICATION OF INTENTION TO APPLY FOR VARIATION OF
LICENCE AREA
(PIPELINES ACT 1967)
(Section 18 (7))
It is notified that .................................................................................................................
(name of licensee)
of .......................................................................................................................................
(business address)
being the holder of licence No. ........... under the Pipelines Act 1967 intends to apply to the Governor for a variation of the licence area by including additional lands in it.
Below is a map showing the lands intended to be included and:
(a) the proposed variation of the route of the pipeline; (or)
(b) the proposed variation of the situation of any apparatus or works; (or)
(c)
the proposed variation of the means of gaining access to the pipeline or any apparatus or works.
A description of the lands intended to be included is set out in the schedule below.
Written requests for information may be made to the applicant or to the Director of the Office of Energy.
Dated at ...................................... this ...................................... day of ..............................
19 .
..........................................................
(Name of applicant)
1993—No. 455
PLAN
SCHEDULE
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
Form 14
(Cl. 17)
INSTRUMENT TO ACCOMPANY PLAN
(PIPELINES ACT 1967)
Plan No. (This is Sheet ................ of a ..................... Sheet Instrument)
Plan of pipeline from ............................... to ....................... containing ................................................................ plan sheets as certified on .................................................
PART 1
Full name and address of applicant
for licence or variation of licence
in whose favour all lands and
easements over lands have been acquired
or are intended to be acquired.
1993—No. 455
PART 2
Details of lands or easements See Schedule to this Part. over lands acquired or intended
to be acquired.
SCHEDULE
"Details (Registered
Land or Easement Reference to Title No. or Description)
(related to relevant and Land Names of interested of any Instrument Sheet No. of Description Persons (state referred to in within-mentioned (including County nature or interest) Schedule 3 (10) (d)
plan) and Parish) or (e) to Pipelines
Regulation 1993
1 ...................................... ....................................... ....................................... ........................................ 2. ............................ ....................................... ....................................... ........................................ 3. .......................... ....................................... ....................................... ........................................
Etc. ............................. ....................................... ....................................... ........................................
PART 3
Identities of easements referred to in Grouped in categories as prescribed abovementioned plan. by Schedule 3 (7) to the Pipelines 1 ....................................................................... Regulation 1993. 2. ........................................................................
3. ..........................................................................
Etc.
PART 4
Terms of Easements referred to in Part 3. Set out the text of each easement as 1 ........................................................................ prescribed by Schedule 3 (8) to the 2. .......................................................................... Pipelines Regulation 1993. 3. ..........................................................................
Etc.
PART 5
| Details of lands to be excluded | See Schedule to this Part. |
| or easements to be extinguished. |
1993—No. 455
SCHEDULE
*Details (Registered
| Land or Easement | Reference to Title | No. or Description) |
| (related to relevant | and Land | Names of interested | of any Instrument |
Sheet No. of Description Persons (state referred to in
| within-mentioned | (including County | nature or interest) | Schedule 3 (10) (d) |
plan) and Parish) or (e) to Pipelines
Regulation 1993
| 1 ....................... | ............................ | ............................ | ............................ |
| 2. ...................... | ............................ | ............................ | ............................ |
| 3. ...................... | ............................ | ............................ | ............................ |
| Etc. .................. | ........................... | ........................... | ............................ |
..................................................
(Signature of applicant)
* If applicant desires land to be vested in the applicant under section 21 of the
Pipelines Act 1967, insert “To be acquired under Pipelines Act”. If lands oreasements are to be acquired by other means, those means must be specified.
Form 15
(Cl. 34)
APPLICATION FOR DIRECTION AS TO THE CONVEYANCE OF
SUBSTANCES
(PIPELINES ACT 1967)
(Section 23)
To the Minister for Energy, Sydney.
.........................................................................................................................................
(name of applicant)
applies for a direction by the Minister in terms of section 23 of the Act.
1. The business address of the applicant is ...........................................................
.....................................................................................................................................................
1993—No. 455 455
2. The matters which the applicant wishes the Minister to consider in relation to this application are set out in the attached statement.
Date .....................................................
..............................................
(Signature of applicant)
Form 16
(Cl. 39)
INSTRUMENT OF TRANSFER OF PERMIT OR LICENCE
(PIPELINES ACT 1967)
(Section 42)
To the Minister for Energy, Sydney.
.........................................................................................................................................................
(name of transferor)
being the holder of
(a)
Permit No ............. issued by the Minister for Energy on ........................ 19 ..... in terms of section 8 of the Act; (or)
(b)
Licence No. ................... granted by the Governor on .................... 19.. in terms of section 14 of the Act,
in consideration of ..............................................................................................................
the receipt of which is acknowledged, transfers to ...........................................................
of .....................................................................................................................................................
all right, title and interest in ................................................................... No. .........
and the transferee accepts the transfer subject to the Pipelines Act 1967 and the
Pipelines Regulation 1993 and agrees to be bound by the terms and conditions of
......................................................................... No. ....................
Executed on ............................................................................................................. 19 .
................................. ............................................................ (Witness) (Signature of Transferor) ................................. ............................................................
(Witness) (Signature of Transferor)
1993—No. 455
I approve the above transfer.
Dated .............................................................. 19
...............................................
Minister for Energy
I have on .......................................... 19 , at ............................................. a.m./p.m.,
registered the above transferee as the holder of .........................................................
No. ....................................................
...................................
Registrar
Form 17
(Sch. 2 (10))
STATEMENT OF INTENTION REGARDING EASEMENTS
(PIPELINES ACT 1967)
Pursuant to the Pipelines Act 1967, it is intended to acquire:
(1) Easement ..........................................................................................................
(2) Easement ...........................................................................................................
Form 18
(Sch. 2 (18))
APPLICANT’S CERTIFICATE
(PIPELINES ACT 1967)
I certify that this is Sheet ....................................... of a plan of ...........................................
Sheets which have been prepared in accordance with the Pipelines Regulation 1993.
Date ...................................................................... Signed .....................................................
(Applicant (or)
(On behalf of the applicant)
1993—No. 455
Form 19
(Sch. 3 (11) (a))
EASEMENT FOR PIPELINE
(PIPELINES ACT 1967)
Full and free right to the person in whose favour the easement is created its successors and assigns its and their servants and all persons authorised by it or them to act on its or their behalf at all times and from time to time:
to lay construct repair maintain renew use operate and remove pipelines apparatus or works for the conveyance of any substance whether in a gaseous liquid or solid state and for purposes incidental thereto under the Pipelines Act 1967, through in and along the land herein indicated as the servient tenement, and
to cause or permit to flow or be conveyed through and along the said pipelines
any such substance, and
with or without vehicles, plant and equipment to enter and be in the servient
tenement for the purpose of exercising any rights granted to it or themhereunder, and
to perform or carry out any act incidental to any of the aforesaid purposes.
Form 20
(Sch. 3 (11) (b))
EASEMENT FOR ACCESS
(PIPELINES ACT 1967)
Full and free right for the person in whose favour the easement is created its successors and assigns its and their servants and all persons authorised by it or them to act on its or their behalf at all times and from time to time to go pass and repass with or without vehicles, plant and equipment along over and upon the land herein indicated as the servient tenement for the purpose of access to any lands for constructing using or operating any pipeline apparatus or works under the provisions of the Pipelines Act 1967 including the inspection maintenance repair reconstruction and removal of the same and for any other purpose connected with or incidental to any of the aforesaid purposes.
NOTES
TABLE OF PROVISIONS
PART 1—PRELIMINARY
1. Citation
2. Commencement
3. Definitions
1993—No. 455
PART 2—AUTHORITIES TO SURVEY AND PERMITS TO ENTER
4. Applications for authorities to survey (sec. 5E)
5. Applications for permits (sec. 6)6. Notice to councils, owners and occupiers of applications for permits etc. (sec. 7)
7. Applications for variation of application for permit (sec. 7A)
8. Applications for variation of permit (sec. 9A)9. Applications generally
PART 3—PIPELINE LICENCES
Division 1—General
10. Applications for licences (sec. 13)
11. Applications for variation of application for licence (sec. 13A)
12. Applications for renewal of licence (sec. 16)13. Applications for variation of licence area (sec. 18)
Division 2—Plans to accompany applications for pipeline licences etc.
14. Form of plans
15. Information to be included on plan sheets
16. Plans to comply with certain requirements17. Instruments to accompany plans
PART 4—CONSTRUCTION, MAINTENANCE AND OPERATION OF
PIPELINES
Division 1—Safe working practices
18. Operations to be carried out in a workmanlike manner
19. Safety appliances etc.
20. Clothing21. Contractors
Division 2—Reporting and inspection
22. Escape or ignition of substances
23. Reports of accidents
24. Inquiry into accidents25. Powers of inspector
Division 3—General
26. Person-in-charge
27. Fire fighting equipment
28. Warning notices
29. Disturbance of lands
1993—No. 455
30. Agricultural land
3 1. Public thoroughfare32. Damage by other persons
PART 5—MISCELLANEOUS
33. Compensation (sec. 22A)
34. Application for directions as to the conveyance of substances (sec. 23)
35. Marking of route of pipeline (sec. 27)
36. Notices marking pipeline routes not to be damaged or removed
37. Licence fees: maximum annual fee per kilometre of pipeline
38. Application of Local Government Act 1993 to apparatus and works
39. Applications for transfer of permit or licence (sec. 42)
40. Application for registration of interest that has devolved by law (sec. 43)
41. Application for registration of instrument creating etc. an interest (sec. 45)
42. Inspection of register and documents (sec. 50)
43. Pipeline searches (sec. 50A)
44. Evidentiary certificates (sec. 51)
45. Surveying of pipelines etc.
46. Repeal
47. Transitional
SCHEDULE 1—FEES
SCHEDULE 2—REQUIREMENTS FOR PLANSSCHEDULE 3—REQUIREMENTS FOR INSTRUMENTS TO ACCOMPANY
PLANS
SCHEDULE 4—FORMS
EXPLANATORY NOTE
The object of this Regulation is to repeal and remake, with minor modifications, the provisions of the Pipelines Regulations 1968. The new Regulation makes provision with respect to the following matters:
(a)
matters relating to the granting of authorities to survey and permits to enter land, including the preparation of plans to accompany applications relating to such authorities and permits (Part 2);
(b)
matters relating to the granting of pipeline licences, including the preparation of plans to accompany applications relating to such licences (Part 3);
(c)
provisions relating to the construction, maintenance and operation of pipelines (Part 4);
(d) other matters of a minor, consequential or ancillary nature (Parts 1 and 5).
1993—No. 455
This Regulation is made under the Pipelines Act 1967, including section 69 (the general regulation making power) and various other sections mentioned in the Regulation.
This Regulation is made in connection with the staged repeal of subordinate legislation under the Subordinate Legislation Act 1989.
0
0
0