Pipelines Amendment Regulation 2006 (NSW)
2006 No 576
New South Wales
Pipelines Amendment Regulation 2006
under the
Pipelines Act 1967
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Pipelines Act 1967.
JOSEPH TRIPODI, M.P.,
Minister for Energy
Explanatory note
The object of this Regulation is to amend the Pipelines Regulation 2005 (the Principal Regulation) as a consequence of amendments to the Pipelines Act 1967 (the Principal Act) by the Pipelines Amendment Act 2006, in particular amendments with respect to:
| (a) | the repeal of a scheme of permits to enter land, and |
| (b) | the form of various applications under the Principal Act, and |
| (c) | standards applied by the Principal Regulation, and |
| (d) | service of various instruments under the Principal Act on public authorities, and |
| (e) | delegation of the Minister’s powers under the Principal Act, and |
| (f) | the transitional operation of certain provisions of the Principal Regulation and the Principal Act. |
This Regulation is made under the Principal Act, including sections 5E (2), 13, 13A, 13B, 18 and 69 (the general regulation-making power) and clauses 1 and 6 of Schedule 1.
| Published in Gazette No 116 of 15 September 2006, page 7980 | Page 1 |
| 2006 No 576 | |
| Clause 1 | Pipelines Amendment Regulation 2006 |
Pipelines Amendment Regulation 2006
under the
Pipelines Act 1967
1 Name of Regulation
This Regulation is the Pipelines Amendment Regulation 2006.
2 Commencement
This Regulation commences on 15 September 2006.
3 Amendment of Pipelines Regulation 2005
The Pipelines Regulation 2005 is amended as set out in Schedule 1.
2006 No 576
Pipelines Amendment Regulation 2006
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 3)
[1] Clause 3 Definitions
Omit the definitions of AS 2885.1—1997 and AS 2885.3—2001 from clause 3 (1).
[2] Clause 3 (1)
Insert in alphabetical order:
AS 2885.1 means AS 2885.1—1997, Pipelines—Gas and liquid petroleum—Design and construction, published by Standards Australia (as in force for the time being).
AS 2885.3 means AS 2885.3—2001, Pipelines—Gas and liquid petroleum—Operation and maintenance, published by Standards Australia (as in force for the time being).
[3] Clause 3A
Insert after clause 3:
3A Application of Parts 4 and 5 Divisions 1–3 of Part 4, and Part 5, do not apply with respect to a pipeline referred to in section 5 (1) (d) of the Act that is the subject of a licence under the Act.
[4] Part 2, heading
Omit “and permits to enter”.
[5] Clause 4
Omit the clause. Insert instead:
4 Applications for authorities to survey (section 5E)
For the purposes of section 5E (2) of the Act:
(a)
the prescribed manner of making an application for an authority to survey is by addressing it to the Director-General and lodging it at an office of the Department, and
(b)
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 that lists the lands in accordance with clause 9, and
2006 No 576
Pipelines Amendment Regulation 2006
| Schedule 1 | Amendments |
(c) the prescribed maps are standard maps that clearly indicate the lands to which the application relates, and (d) the prescribed fee is the fee specified in Schedule 1 with respect to such an application.
[6] Clauses 5–8
Omit the clauses.
[7] Clause 10
Omit the clause. Insert instead:
10 Applications for licences (section 13) For the purposes of section 13 (1) of the Act:
(a) the prescribed manner of making an application for a licence is by addressing it to the Director-General and lodging it at an office of the Department, and (b) the prescribed manner in which the accompanying plan is to be drawn is the manner set out in Division 2, and (c) the prescribed fee is the fee specified in Schedule 1 with respect to such an application.
[8] Clause 11 Applications for variation of application for licence (section 13A)
Omit clause 11 (1). Insert instead:
(1) For the purposes of section 13A (3) of the Act, the prescribed fee is the fee specified in Schedule 1 with respect to an application for variation of an application for a licence.
[9] Clause 11 (3)
Omit the subclause.
[10] Clause 12 Applications for renewal of licence (section 16)
Omit the clause.
[11] Clause 13 Applications for variation of licence area (section 18)
Omit clause 13 (1). Insert instead:
(1)
For the purposes of section 18 (3) of the Act, the prescribed fee is the fee specified in Schedule 1 with respect to an application for variation of a licence area.
2006 No 576
Pipelines Amendment Regulation 2006
| Amendments | Schedule 1 |
[12] Clause 13 (3)
Omit the subclause.
[13] Clause 13A
Insert after clause 13:
13A RTA to be served with notifications etc
(1) The Roads and Traffic Authority is prescribed as a public authority on whom notifications or instruments (as the case may be) under sections 13 (4), 13A (8), 13B (3) and 18 (8) of the Act must be served. (2) For the purposes of sections 13 (4), 13A (8) and 13B (3) of the Act, the prescribed period is 7 days commencing on the day after the day that:
(a) the application for a licence to which the notification relates is made to the Minister, in the case of a notification referred to in section 13 (4), and (b) the further application to which the notification relates is made to the Minister, in the case of a notification referred to in section 13A (8), and (c) the instrument is served on the Minister, in the case of an instrument referred to in section 13B (3).
[14] Part 3, Division 2, heading
Omit “, variations and renewals”. Insert instead “and variations”.
[15] Part 4 Design, construction, operation and maintenance of pipelines
Omit Division 2.
[16] Clause 44 Delegation of Minister’s functions (section 4A)
Omit the clause.
[17] Clause 45
Omit the clause. Insert instead:
45 Application for directions as to conveyance of substances (section 23) For the purposes of section 23 (2) of the Act, the prescribed manner of making an application for a direction as to the conveyance of substances is by addressing it to the Director-General and lodging it at an office of the Department.
2006 No 576
Pipelines Amendment Regulation 2006
| Schedule 1 | Amendments |
[18] Clause 50
Omit the clause. Insert instead:
50 Applications for transfer of licence (section 42) For the purposes of section 42 (8) of the Act, the prescribed fee for registration of the transfer of a licence is the fee specified in Schedule 1 with respect to registration of a transfer.
[19] Clause 51 Application for registration of interest that has devolved by law (section 43)
Omit “permit or”.
[20] Clause 52 Application for registration of instrument creating, assigning, affecting or dealing with an interest (section 45)
Omit “with respect to registration in Schedule 1”.
Insert instead “in Schedule 1 with respect to registration of an approval”.[21] Clause 57 Savings and transitional
Insert at the end of the clause:
(2)
Division 2 of Part 4 as in force immediately before its repeal by the Pipelines Amendment Regulation 2006 continues in force, despite that repeal, with respect to the registered holder of a licence granted:
(a) before that repeal, or (b)
on or after that repeal if the licence relates to land in respect of which a permit is granted on or after that repeal pursuant to provisions continued in force by Part 3 of Schedule 1 to the Act.
(3)
Despite clause 6 of Schedule 1 to the Act, the provisions of the Act as amended by the Pipelines Amendment Act 2006 apply to and in respect of an application to which clause 6 (1) of that Schedule applies if:
(a)
it is an application under section 18 or 30 (1) (e) of the Act, and
(b)
the Minister is of the opinion that the granting of the application would be likely to significantly affect the environment.
2006 No 576
Pipelines Amendment Regulation 2006
| Amendments | Schedule 1 |
[22] Schedule 1
Omit the Schedule. Insert instead:
Schedule 1 Fees
(Clauses 4,10,11,13 and 50–55)
$
1 Application for authority to survey under section 5E of the Act 2,200 (clause 4) 2 Application for licence under section 13 of the Act (clause 10) 2,640
3
Application under section 13A of the Act to vary application 350 for licence (clause 11)
4
Application under section 18 of the Act for variation of licence 50 area (clause 13)
5 Registration of transfer under section 42 of the Act (clause 50) 710
6
Registration as holder under section 43 of the Act (clause 51) 110 7
Registration of approval to an instrument creating etc a legal 50 or equitable interest affecting an existing or future licence
under section 45 of the Act (clause 52)8
Inspection of register and registered instruments under 10 section 50 of the Act (clause 53)
9 Application for information under section 50A of the Act concerning any application made or granted for a licence in respect of land specified in the application (clause 54):
(a) pipeline search (non-expedited) 35 (b) pipeline search (expedited) 53 (c) search (other than a search referred to in paragraph (a) 18 or (b))
| 2006 No 576 | Pipelines Amendment Regulation 2006 |
| Schedule 1 | Amendments |
$
10 Copies of or extracts from the register or of or from an $41 and, in instrument lodged with the Minister, certified by the Minister addition, $34 under section 51 of the Act (clause 55 (1)) for each
diagram and,
if the copy or
extract
exceeds 3
folios, an
additional $4
for each folio
in excess of 311 Certificate by the Minister as to an entry, matter or thing under 14 section 51 of the Act (clause 55 (2)) [23] Schedule 3 Forms
Omit Forms 1–13, 16 and 17.
BY AUTHORITY
0
0
0