Pipelines Amendment Act 2006 (NSW)

An Act to amend the Pipelines Act 1967 to simplify the system of approvals relating to the construction and operation of pipelines, to facilitate major pipeline projects; and for other purposes.

1Name of Act

This Act is the Pipelines Amendment Act 2006.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Amendment of Pipelines Act 1967 No 90

The Pipelines Act 1967 is amended as set out in Schedule 1.

4Amendment of Environmental Planning and Assessment Act 1979 No 203

The Environmental Planning and Assessment Act 1979 is amended as set out in Schedule 2.

5Repeal of Act(1)

This Act is repealed on the day following the day on which all of the provisions of this Act have commenced.

(2)

The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.

Schedule 1Amendment of Pipelines Act 1967

(Section 3)

[1]Section 3 Definitions

Omit the definitions of Authority, permit, permittee and statutory body representing the Crown from section 3 (1).

[2]Section 3 (1), definitions of “Department” and “Director-General”

Insert in alphabetical order:

Department means the Department of Energy, Utilities and Sustainability.

Director-General means the Director-General of the Department.

[3]Section 3 (1), definition of “land”

Omit “statutory body representing the Crown” from paragraph (d) of the definition.

Insert instead “public authority”.

[4]Section 3 (1), definition of “licence”

Omit “Governor”. Insert instead “Minister”.

[5]Section 3 (1), definition of “owner”

Omit “statutory body representing the Crown” wherever occurring in paragraph (a) of the definition.

Insert instead “public authority”.

[6]Section 3 (1), definition of “owner”

Omit paragraph (c) of the definition. Insert instead:

(c)

in relation to lands (not being lands specified in a contract referred to in paragraph (a) (ii)) owned by or vested in a public authority, means that authority, and

[7]Section 3 (1), definition of “public authority”

Omit the definition. Insert instead:

public authority means:

• (a)

  the Hunter Water Corporation, New South Wales Land and Housing Corporation, Rail Corporation New South Wales, Rail Infrastructure Corporation, Roads and Traffic Authority, State Rail Authority of New South Wales, State Transit Authority, State Water Corporation, Sydney Water Corporation, Transport Infrastructure Development Corporation or Water Administration Ministerial Corporation, or

• (b)

  a council or county council within the meaning of the Local Government Act 1993, or

• (c)

  any body declared by the Minister, by order published in the Gazette, to be a public authority for the purposes of this Act.

[8]Section 3 (1), definition of “registered holder”

Omit the definition. Insert instead:

registered holder means the person whose name is for the time being shown in the register as being the holder of a licence.

[9]Section 3 (3)

Omit “permit or” wherever occurring.

[10]Section 3 (4) and (5)

Omit the subsections.

[11]Section 3 (7A)

Omit the subsection.

[12]Section 4

Omit the section. Insert instead:

4Delegation of functions(1)

The Minister may delegate to the Director-General the Minister’s functions under this Act other than:

• (a)

  this power of delegation, and

• (b)

  any of the Minister’s functions under sections 5, 5A, 14, 15, 19, 21, 21A, 30, 32, 33, 33A and 58A.

(2)

The Director-General may sub-delegate to an authorised person any of the functions delegated to the Director-General by the Minister under this section unless the Minister otherwise provides in the instrument of delegation to the Director-General.

(3)

The Director-General may delegate to an authorised person any of the Director-General’s functions under this Act, other than this power of delegation.

(4)

In this section, authorised person means:

• (a)

  a member of staff of a Department of the Public Service, or

• (b)

  the holder of a particular statutory or public office.

[13]Section 4A Delegation of Minister’s functions

Omit the section.

[14]Section 5 Application of Act

Omit section 5 (1) (a). Insert instead:

(a)

a pipeline constructed or to be constructed under, or under an approval or other authority granted under, any Act, other than this Act or the Environmental Planning and Assessment Act 1979,

[15]Section 5 (1) (d)

Omit the paragraph. Insert instead:

(d)

a pipeline constructed or to be constructed for the purpose of the supply of water (including for irrigation), the drainage of land or the conveyance of waste water, mine water, aqueous slurries of minerals, mineral concentrates or mineral tailings,

[16]Section 5 (1) (g)

Omit “subsection (3)”. Insert instead “subsection (9)”.

[17]Section 5 (1) (h)

Omit “proclamation under subsection (4) or by such a proclamation, as varied by a proclamation under subsection (5)”.

Insert instead “notification under subsection (4) or by such a notification, as varied by a notification under subsection (9)”.

[18]Section 5 (1)

Omit “permit or”

[19]Section 5 (3)

Omit the subsection.

[20]Section 5 (4)

Omit “Governor may, by proclamation” and “the proclamation”.

Insert instead “Minister may, by notification” and “the notification”, respectively.

[21]Section 5 (5)

Omit the subsection.

[22]Section 5 (9)

Omit the subsection. Insert instead:

(9)

The Minister may vary or revoke a notification under this section by another notification published in the Gazette.

[23]Section 5C Constitution of pipeline committees

Omit section 5C (1)–(3). Insert instead:

(1)

The Minister may appoint standing or special pipeline committees for the purpose of advising the Minister with respect to the administration of this Act.

(2)

A pipeline committee is to consist of such members as the Minister appoints from time to time.

(3)

The chairperson of a pipeline committee is to be appointed by the Minister from the members of the committee.

[24]Section 5D

Omit the section. Insert instead:

5DFunctions of pipelines committees

The functions of a pipeline committee are:

• (a)

  to investigate applications for licences that are referred to it by the Minister, and

• (b)

  to provide advice to the Minister with respect to any other matter referred to it by the Minister.

[25]Part 2, heading

Omit “and permits”.

[26]Section 5E Applications for authorities to survey

Omit section 5E (1). Insert instead:

(1)

A person who proposes to construct a pipeline may apply to the Minister for an authority to survey.

[27]Section 5E (2) (a)

Omit the paragraph.

[28]Section 5H

Omit the section. Insert instead:

5HRights conferred by authority to survey

While an authority to survey is in force it authorises the holder, subject to any conditions of the authority:

• (a)

  to enter the lands specified in the authority, and

• (b)

  to carry out surveys to investigate possible routes for the proposed pipeline and determine the pipeline route, the situation of any associated apparatus or works and of any lands to be used to get access to the pipeline, apparatus or works, and

• (c)

  to take samples from the lands for examination and testing.

[29]Part 2, Division 2 Permits

Omit the Division.

[30]Section 11 Construction and operation of pipelines

Omit “except under and in pursuance of a licence” from section 11 (1).

Insert instead “unless the person is, or is acting on behalf of, the registered holder of a licence and the activity is in pursuance of the licence”.

[31]Section 11 (2) (a)

Omit the paragraph. Insert instead:

(a)

unless the person is, or is acting on behalf of, the registered holder of a licence and the operation is in pursuance of the licence, and

[32]Section 11 (2A)

Omit “except under and in pursuance of a licence under this Act”.

Insert instead “unless the person is, or is acting on behalf of, the registered holder of a licence under this Act and the operation is in pursuance of that licence”.

[33]Section 12

Omit the section. Insert instead:

12Application for licence

Any person who proposes to construct a pipeline may apply to the Minister for a licence.

[34]Section 13 Manner of making applications for licences

Omit section 13 (1) (a). Insert instead:

(a)

is to be in a form approved by the Minister,

[35]Section 13 (1) (ga)

Insert after section 13 (1) (g):

(ga)

must be accompanied by evidence that the applicant has complied with any requirement on the applicant under subsection (4) to serve a copy of a notification on a public authority,

[36]Section 13 (1A)

Omit the subsection.

[37]Section 13 (2)

Omit the subsection. Insert instead:

(2)

The applicant must, if required to do so by notice in writing served on the applicant by the Minister, furnish:

• (a)

  to the Minister, and

• (b)

  to each public authority (if any) on which the applicant was required, under subsection (4), to serve a copy of a notification under subsection (3),

within the time specified in the notice, further information in writing in connection with the application, as required by the notice.

[38]Section 13 (3)

Omit “in or to the effect of the prescribed form setting forth the particulars provided for by that form in relation to the proposed application”.

Insert instead “setting out particulars of the proposed application”.

[39]Section 13 (4)

Omit the subsection. Insert instead:

(4)

If the regulations so require, a copy of the notification under subsection (3) must be served by the applicant on such public authorities as may be prescribed within such period as may be prescribed.

[40]Section 13A Amendment of application for licence by inclusion or exclusion of lands

Omit “(whether the applicant for the licence is or has been the holder of a permit in respect of those lands or not)” from section 13A (1).

[41]Section 13A (2)

Omit “, whether before or after the commencement of section 3 of the Pipelines (Amendment) Act 1977,”.

[42]Section 13A (3) (a)

Omit the paragraph. Insert instead:

(a)

be in a form approved by the Minister,

[43]Section 13A (4) (a)

Omit “on lands in respect of which the applicant is or has been the holder of a permit”.

[44]Section 13A (4) (d)

Omit “and”.

[45]Section 13A (4) (da)

Insert after section 13A (4) (d):

(da)

must be accompanied by evidence that the applicant has complied with any requirement on the applicant under subsection (8) to serve a copy of a notification on a public authority, and

[46]Section 13A (7)

Omit “in or to the effect of the prescribed form setting forth the particulars provided for in that form in relation to the proposed further application”.

Insert instead “setting out particulars of the proposed further application”.

[47]Section 13A (8) and (9)

Omit the subsections. Insert instead:

(8)

If the regulations so require, a copy of a notification under subsection (7) must be served by the applicant on such public authorities as may be prescribed within such period as may be prescribed.

(9)

The applicant must, if required to do so by notice in writing served on the applicant by the Minister, furnish:

• (a)

  to the Minister, and

• (b)

  to each public authority (if any) on which the applicant was required, by subsection (8), to serve a copy of a notification under subsection (7),

within the time specified in the notice, further information in writing in connection with the application, as required by the notice.

[48]Section 13A (11) (b) and (12) (b)

Omit “section 12 (1)” wherever occurring. Insert instead “section 12”.

[49]Section 13B Amendment of application for licence in other cases

Omit “, whether before or after the commencement of section 3 of the Pipelines (Amendment) Act 1977,” from section 13B (1).

[50]Section 13B (3) and (4)

Omit the subsections. Insert instead:

(3)

If the regulations so require, a copy of an instrument served on the Minister under subsection (1) must be served by the applicant on such public authorities as may be prescribed within such period as may be prescribed.

(4)

The applicant must, if required to do so by notice in writing served on the applicant by the Minister, furnish:

• (a)

  to the Minister, and

• (b)

  to each public authority (if any) on which the applicant was required, by subsection (3), to serve a copy of an instrument under subsection (1),

within the time specified in the notice, further information in writing in connection with the application, as required by the notice.

[51]Section 14

Omit the section. Insert instead:

14Grant of licence(1)

If the Minister is satisfied that:

• (a)

  an application for a licence has been made in compliance with section 13 (or if there was a non-compliance, it was in respect of a requirement of section 13 (1) or (2) and was not material), and

• (b)

  if that application was amended, the application for the amendment was made in compliance with section 13A (or if there was a non-compliance, it was in respect of a requirement of section 13A (3), (4), (5) or (9) and was not material), and

• (c)

  if an instrument has been served on the Minister under section 13B, the instrument complied with section 13B, and

• (d)

  the lands, or the easements, specified in the application for the licence:

  • (i)

    are vested in the applicant, or

  • (ii)

    are available, in accordance with section 22, for compulsory acquisition, and

• (e)

  the applicant has made provision, or given security in addition to any other security required by this Act, for the payment:

  • (i)

    of compensation and any interest payable in respect of any lands, or easements, that are available for compulsory acquisition, and

  • (ii)

    of all charges and expenses necessary for or incidental to the compulsory acquisition of those lands or easements,

the Minister may grant a licence in relation to the lands, including those the subject of easements, specified in the application or such of those lands as he or she thinks fit.

(2)

The Minister may refuse an application for a licence, but only if the Minister has:

• (a)

  given the applicant at least one month’s written notice of his or her intention to refuse the application, and

• (b)

  served a copy of the notice on such other persons, if any, as he or she thinks fit, and

• (c)

  in the notice:

  • (i)

    given particulars of the reasons for the intention, and

  • (ii)

    specified a period within which the applicant or a person on whom a copy of the notice is served may make written submissions to the Minister with respect to the application, and

• (d)

  taken into account any written submissions made to the Minister within the specified period.

(3)

If an application for a licence is refused, the whole, or such part as the Minister determines, of the fee referred to in section 13 (1) (i) is to be refunded to the applicant.

[52]Section 15 Conditions of licence

Omit “Governor” from section 15 (1). Insert instead “Minister”.

[53]Section 16 Renewal of licence

Omit the section.

[54]Section 17 Duration, review and effect of licence

Omit section 17 (1). Insert instead:

(1)

A licence comes into force on the day specified for the purpose in the licence and remains in force until it is cancelled or surrendered.

(1A)

The Minister may review a licence at intervals of not less than 21 years, with the first review of a licence commencing after the twenty-first anniversary of the issue of the licence.

[55]Section 18 Variation of licence area

Omit “by an application to the Governor made by instrument in writing served on the Minister, apply” from section 18 (2).

Insert instead “apply to the Minister in writing”.

[56]Section 18 (3) (a)

Omit the paragraph.

[57]Section 18 (4) (a) (i)

Omit “on lands in respect of which the applicant is or has been, as mentioned in section 12 (1), the holder of a permit”.

[58]Section 18 (4) (d)

Omit “and”.

[59]Section 18 (4) (da)

Insert after section 18 (4) (d):

(da)

must be accompanied by evidence that the applicant has complied with any requirement on the applicant under subsection (8) to serve a copy of a notification on a public authority, and

[60]Section 18 (7)

Omit “in or to the effect of the prescribed form setting forth the particulars provided for by that form in relation to the proposed application”.

Insert instead “setting out particulars of the proposed application”.

[61]Section 18 (8) and (9)

Omit the subsections. Insert instead:

(8)

If the regulations so require, a copy of a notification under subsection (7) must be served on such public authorities as may be prescribed.

(9)

The applicant must, if required to do so by notice in writing served on the applicant by the Minister, furnish:

• (a)

  to the Minister, and

• (b)

  to each public authority (if any) on which the applicant was required, under subsection (8), to serve a copy of a notification under subsection (7),

within the time specified in the notice, further information in writing in connection with the application, as required by the notice.

[62]Section 19

Omit the section. Insert instead:

19Grant of application for variation(1)

If an application is made for a variation of a licence area by including additional lands and the Minister is satisfied that:

• (a)

  the application was made in compliance with section 18 (or if there was a non-compliance, it was in respect of a requirement of section 18 (3), (4), (5) or (9) and was not material), and

• (b)

  the lands, or the easements, specified in the application:

  • (i)

    are vested in the applicant, or

  • (ii)

    are available, in accordance with section 22, for compulsory acquisition, and

• (c)

  the applicant has made provision, or given security in addition to any other security required by this Act, for the payment:

  • (i)

    of compensation and any interest payable in respect of any lands, or easements, that are available for compulsory acquisition, and

  • (ii)

    of all charges and expenses necessary for or incidental to the compulsory acquisition of those lands or easements,

the Minister may:

• (d)

  where the application is for a variation (not being a minor variation, as defined in section 18 (1)) of the licence area, or

• (e)

  where the application is for a minor variation, after taking into account any written submissions made under section 18 (10) (c),

grant the application in relation to the lands, including those the subject of easements, specified in the application, or such of those lands as he or she thinks fit.

(2)

The Minister may refuse an application made under section 18 (4), but only if, before refusing the application, the Minister has:

• (a)

  given the applicant at least one month’s written notice of the intention to refuse the application, and

• (b)

  served a copy of the notice on such other persons, if any, as he or she thinks fit, and

• (c)

  in the notice:

  • (i)

    given particulars of the reasons for the intended refusal, and

  • (ii)

    specified a period within which the applicant or a person on whom a copy of the notice is served may make written submissions to the Minister with respect to the application, and

• (d)

  taken into account any written submissions made to the Minister within the specified period.

(3)

If an application is made for a variation of the licence area by excluding lands, the Minister may, after taking into account any written submissions made under section 18 (10) (c), grant the application to such extent as he or she thinks fit.

(4)

If a licence area is varied:

• (a)

  by including additional lands, the additional lands are, for the purposes of this Act, taken to be lands specified in the licence in respect of that licence area, or

• (b)

  by excluding lands, the excluded lands are, for the purposes of this Act, taken not to be lands specified in the licence in respect of that licence area.

(5)

If an application under section 18 is refused, the whole, or such part as the Minister determines, of the fee referred to in section 18 (3) (d) is to be refunded to the applicant.

(6)

An application for the variation of a licence area by including additional lands may be granted subject to such conditions as the Minister thinks fit and specifies in the instrument granting the application.

(7)

Without limiting the generality of subsection (6), the conditions may include any of the kind referred to in section 15 (2).

(8)

If an application is made for the variation of a licence area by both including additional lands and excluding lands, the provisions of section 18 that are applicable to an application for a variation:

• (a)

  including additional lands, and the provisions of this section that are applicable to the granting of such an application, apply in respect of so much of the application and its granting as relates to the inclusion of additional lands, and

• (b)

  excluding lands, and the provisions of this section that are applicable to the granting of such an application, apply in respect of so much of the application and its granting as relates to the exclusion of lands.

[63]Section 21 Vesting of lands or easements in licensee

Omit “Governor” from section 21 (1). Insert instead “Minister”.

[64]Section 22 Availability of certain land etc for compulsory acquisition

Omit “grants a certificate referred to in section 14 (1) or section 19 (1)” from section 22 (1) (a) (i) and (c) wherever occurring.

Insert instead “determines an application under section 14 or 19”.

[65]Section 22 (1) (a) (ii) and (b) (ii)

Omit “referred to the Governor” wherever occurring.

Insert instead “determined by the Minister”.

[66]Section 22 (1) (b) (i)

Omit “grants a certificate referred to in section 14 (1) or section 19 (1) (or, if the public authority and the owner have agreed that the land is available for acquisition, at any time before the Minister grants such a certificate)”.

Insert instead “determines an application under section 14 or 19 (or, if the public authority and the owner have agreed that the land is available for acquisition, at any time before the Minister makes such a determination)”.

[67]Section 22A Compensation

Omit “a Constructing Authority” from section 22A (4).

Insert instead “an authority”.

[68]Section 23 Directions as to the conveyance of substances

Omit section 23 (2) (a).

[69]Section 23 (7)

Insert “as defined by the Gas Pipelines Access (New South Wales) Act 1998” after “Law”.

[70]Section 30

Omit the section. Insert instead:

30Variation of, and exemption from, licence conditions etc

Where:

• (a)

  a licence area or a licence is varied under section 19, or

• (b)

  a licensee enters into an agreement referred to in section 23, or

• (c)

  a licence is cancelled as to part of the pipeline in respect of which it is in force, or

• (d)

  a licensee applies to the Minister for a variation or suspension of, or exemption from compliance with, any of the conditions of the licence, or

• (e)

  the Minister reviews a licence under this Act, or

• (f)

  the Minister, under this Act or the regulations, gives a direction or consent to a licensee,

the Minister may, at any time, by instrument in writing served on the licensee, vary or suspend, or exempt the licensee from compliance with, any of the conditions to which the licence is subject, upon such conditions, if any, as the Minister specifies in the instrument.

[71]Section 31 Surrender of licences

Omit “by an application to the Governor made by an instrument in writing served on the Minister, apply” from section 31 (1).

Insert instead “apply to the Minister in writing”.

[72]Section 31 (3) and (4)

Omit “Governor” wherever occurring. Insert instead “Minister”.

[73]Section 31A Inquiries into matters relating to pipelines

Omit “Authority” wherever occurring.

Insert instead “Director-General”.

[74]Section 31A (3)

Omit “it”. Insert instead “the Director-General”.

[75]Section 32 Cancellation of licences for breach of conditions, this Act or the regulations or non-payment of amounts due

Omit “Governor” from section 32 (1). Insert instead “Minister”.

[76]Section 32 (2)

Omit the subsection. Insert instead:

(2)

The Minister is not to cancel a licence unless the Minister has:

• (a)

  given the licensee at least one month’s written notice of the intention to cancel the licence and the grounds for that intention, and

• (b)

  served a copy of the notice on such other persons, if any, as he or she thinks fit, and

• (c)

  specified in the notice a period within which the licensee or any person on whom a copy of the notice is served may make written submissions to the Minister with respect to the intended cancellation, and

• (d)

  published in such newspapers as the Minister thinks fit notice of the intended cancellation and grounds, specifying a period within which any person with an interest in land in the licence area may make written submissions to the Minister with respect to the intended cancellation, and

• (e)

  taken into account:

  • (i)

    any action taken by the licensee to remove the grounds for the intended cancellation or to prevent the recurrence of similar grounds, and

  • (ii)

    any written submissions made to the Minister within the relevant specified period.

[77]Section 33 Cancellation of licence in public interest

Omit section 33 (1)–(3). Insert instead:

(1)

The Minister may, by written notice served on the licensee, cancel a licence if the Minister considers the cancellation to be in the public interest.

(2)

The cancellation may be:

• (a)

  of the Minister’s own motion, or

• (b)

  on the written recommendation of any State or Commonwealth Minister or any body established by a law of the State or of the Commonwealth, but only if the Minister or body has given security, to the satisfaction of the Minister, for the payment of any amount payable to the licensee under subsection (6).

(3)

The cancellation:

• (a)

  may be with respect to the whole or part of the pipeline in respect of which the licence is in force, and

• (b)

  takes effect on and from the day specified in the notice of cancellation.

(3A)

In determining when the cancellation is to take effect the Minister is to consider:

• (a)

  if there was a recommendation for the cancellation, the reasons for the recommendation, and

• (b)

  the public interest, and

• (c)

  the time it would be likely to take the licensee to replace the pipeline or part of the pipeline as to which the licence is cancelled.

[78]Section 33 (4)

Omit the subsection. Insert instead:

(4)

If a licence is cancelled under subsection (1), the licensee may bring proceedings in the Supreme Court:

• (a)

  where the cancellation was of the Minister’s own motion, against the Minister, or

• (b)

  where the cancellation was on a recommendation of a Minister or body, against the Minister or body concerned.

[79]Section 40 Certain provisions of Local Government Act 1993 not to apply to pipelines

Omit section 40 (2).

[80]Part 4, heading

Omit “permits and”.

[81]Section 41 Register of licences to be kept

Omit “General Manager of the Authority” wherever occurring.

Insert instead “Director-General”.

[82]Section 41 (1)

Omit “permits and”.

[83]Section 41 (2) and (3)

Omit “permit or licence” wherever occurring. Insert instead “licence”.

[84]Section 41 (2) (b)

Omit the paragraph.

[85]Section 41 (2) (c)

Omit “in the case of a licence,”.

[86]Section 41 (2) (f)

Omit “permittee or”.

[87]Section 41 (3) (a)

Omit “permit or a licence”. Insert instead “licence”.

[88]Section 41 (4)–(6)

Omit “permit,” wherever occurring.

[89]Section 42 Approval and registration of transfers

Omit “permit or a” wherever occurring in section 42 (1) and (2).

[90]Section 42 (2), (3) and (9)

Omit “permit or licence” wherever occurring. Insert instead “licence”.

[91]Section 42 (3) (a) (i)

Omit the subparagraph. Insert instead:

(i)

in a form approved by the Minister, and

[92]Section 42 (4), (8) and (10)

Omit “General Manager of the Authority” wherever occurring.

Insert instead “Director-General”.

[93]Section 42 (4)

Omit “General Manager thinks”. Insert instead “Director-General thinks”.

[94]Section 42 (5)

Omit “permit or licence and, in the case of a transfer of a licence,”.

Insert instead “licence and”.

[95]Section 43 Entries in register on devolution of rights of registered holder

Omit “permit or a” from section 43 (1).

[96]Section 43

Omit “permit or licence” wherever occurring. Insert instead “licence”.

[97]Section 43 (2)

Omit “General Manager of the Authority”. Insert instead “Director-General”.

[98]Section 44 Interests not to be created etc except by instruments in writing

Omit “permit or”.

[99]Section 45 Approval and registration of instruments creating etc interests

Omit “permit or” wherever occurring.

[100]Sections 45 and 47

Omit “General Manager of the Authority” wherever occurring.

Insert instead “Director-General”.

[101]Section 45 (5)

Omit “General Manager thinks”. Insert instead “Director-General thinks”.

[102]Section 50 Inspection of register and documents

Omit “permit or” wherever occurring in section 50 (2).

[103]Section 50A Pipeline searches

Omit “permit or” from section 50A (1).

[104]Section 50A (1) and (2)

Omit “Director” wherever occurring. Insert instead “Director-General”.

[105]Section 50A (3)

Omit the subsection.

[106]Section 53 Minister not liable for certain actions

Omit “General Manager of the Authority” wherever occurring.

Insert instead “Director-General”.

[107]Section 55 Forms of permits and licences

Omit the section.

[108]Section 56

Omit the section. Insert instead:

56Notice of grants of licences etc to be publicised

The Minister is to cause to be published in the Gazette such particulars as the Minister thinks fit of the grant, variation, surrender or expiration of a licence or the variation of a licence area.

[109]Section 57 Judicial notice

Omit “General Manager of the Authority” wherever occurring.

Insert instead “Director-General”.

[110]Section 60 Powers of inspectors

Omit “a permit”. Insert instead “an authority to survey”.

[111]Section 60 (1) (d)

Omit “permittee or”.

Insert instead “holder of an authority to survey or a”.

[112]Section 60A Stop notices

Omit “Authority” wherever occurring in section 60A (2) and (3).

Insert instead “Director-General”.

[113]Section 61 Creation of easements in favour of licensees

Omit “permittee or” wherever occurring.

[114]Section 69 Regulations

Insert after section 69 (1) (e1):

(e2)

particulars to be included in a notification under this Act,

[115]Section 69 (3) (b)

Omit “or”.

[116]Section 69 (3) (d)

Insert after section 69 (3) (c):

•

or

(d)

apply, adopt or incorporate any publication or provision of a publication of Standards Australia with respect to pipeline design, construction, operation, testing or maintenance, either as in force as at a particular day or as in force for the time being,

[117]Schedule 1 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Pipelines Amendment Act 2006

[118]Schedule 1

Insert after Part 2:

Part 3Provisions consequent on enactment of Pipelines Amendment Act 20064Definitions

In this Part:

amending Act means the Pipelines Amendment Act 2006.

EP&A Act means the Environmental Planning and Assessment Act 1979.

EP&A Act approval means development consent or an approval under the EP&A Act.

relevant time means immediately before the repeal of Division 2 of Part 2 of this Act by the amending Act.

5Permits and pending applications for or in respect of permits

Except as provided by the regulations, the provisions of this Act as in force at the relevant time continue to apply to and in respect of:

• (a)

  a permit that is in force at the relevant time, and

• (b)

  an application for or in respect of a permit that is pending at the relevant time.

6Licence application in respect of lands to which permit applies(1)

Subject to subclause (2) and the regulations, the provisions of this Act as in force at the relevant time continue to apply in respect of an application for or in respect of a licence that is pending at, or made after, the relevant time if the application relates to lands in respect of which a permit under this Act has been granted.

(2)

Any function conferred on the Governor by or under this Act as in force at the relevant time is taken to be conferred instead on the Minister in so far as an application to which subclause (1) applies is concerned.

7Duration, review and effect of existing licences(1)

Subject to clause 6 and the regulations, an amendment made by the amending Act applies to and in respect of a licence in force immediately before the commencement of that amendment.

(2)

Section 17 (1A) of this Act applies in respect of a licence that was renewed before the commencement of that subsection as if the date of the last renewal were the date on which the licence was issued.

8Deemed EP&A Act approvals and assessment(1)

This clause applies to a development or an activity in respect of a pipeline that on the commencement of a provision of the amending Act (the commencement) becomes a development or an activity that requires EP&A Act approval (the affected activity).

(2)

If:

• (a)

  before the commencement, a permit is granted with respect to the affected activity, or

• (b)

  at any time (including before the commencement), a licence is granted in respect of the affected activity and the licence relates to land in respect of which a permit has been granted,

any EP&A Act approval required in respect of the affected activity is taken to have been granted, and all associated assessment is taken to have been carried out, in accordance with the EP&A Act.

(3)

The EP&A Act approval is taken to be subject to the same conditions as the licence or permit, as the case may be.

(4)

The provisions of the EP&A Act apply, as appropriate, in respect of EP&A Act approvals that are taken, by subclause (2), to have been granted.

(5)

This clause applies subject to the regulations.

9Approved forms

A reference in a provision of this Act as amended by the amending Act to a form approved by the Minister is taken to be a reference to a form prescribed for the purposes of that provision immediately before the commencement of that amendment until a form is approved by the Minister for the purposes of that provision.

Schedule 2Amendment of Environmental Planning and Assessment Act 1979

(Section 4)

Insert after section 75V (1) (f):

(g)

a licence under the Pipelines Act 1967.