Trans-Territory Pipeline And Blacktip Gas Projects (Special Provisions) Act 2005 (NT)
NORTHERN TERRITORY OF AUSTRALIA
TRANS-TERRITORY PIPELINE AND BLACKTIP GAS PROJECTS (SPECIAL PROVISIONS) ACT 2005
As in force at 6 May 2005
northern territory of australia
As in force at 6 May 2005
Trans-Territory Pipeline and Blacktip Gas Projects (Special Provisions) Act 2005
An Act to make special provisions for the Trans-Territory Pipeline Project and the Blacktip Gas Project, and for related purposes
This Act may be cited as the
(1) If the Minister administering this Act declares, by notice in the
Gazette , that this Act ceases to operate on and after a specified date, being a date not earlier than the date of the notice, this Act expires on that date.(2) However, the Minister may not make such a declaration:
(a) before 31 December 2005; or
(b) after the construction work for a Project has commenced.
3 Act binds Crown This Act binds the Crown in right of the Territory and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.
In this Act, unless the contrary intention appears:
(a) an offshore gas platform;
(b) an onshore gas plant near Wadeye community;
(c) a pipeline from the gas platform to the onshore gas plant;
(d) all the associated infrastructure for the project.
(a) constructing the facilities of the Project;
(b) operating any of those facilities after they have been constructed,
and includes the following:
(c) a member of the group;
(d) the successors and assignees of the person, the group or a member of the group;
(e) a contractor or any other person acting for or on behalf of the person, the group or a person mentioned in paragraph (c) or (d) in connection with constructing or operating the facilities of the Project.
(a) for the Blacktip Gas Project – the facilities mentioned in paragraphs (a), (b), (c) and (d) of the definition of
Blacktip Gas Project ; or(b) for the Trans-Territory Pipeline Project – the facilities mentioned in paragraphs (a) and (b) of the definition of
Trans-Territory Pipeline Project .
(a) the Trans-Territory Pipeline;
(b) all the associated infrastructure for the project.
(1) Despite any other law of the Territory, the consortium for the Trans-Territory Pipeline Project may construct and operate the Trans-Territory Pipeline across a road.
(2) However, the consortium may only do so:
(a) with the written approval of the Minister administering the
Control of Roads Act 1953 (except Part IV) (theTransport Minister ); and(b) in accordance with any conditions specified in the approval.
(3) For subsection (2)(b), the Transport Minister may specify any conditions that the Transport Minister considers appropriate, including any of the following:
(a) the installation, operation and maintenance of safety devices for the crossing;
(b) the construction, use and maintenance of the road at and on either side of the crossing.
(4) If the consortium fails to comply with any of the conditions:
(a) the Territory may take any action necessary to give effect to the condition; and
(b) the reasonable costs and expenses incurred by the Territory in taking that action are recoverable as a debt due to the Territory from the consortium.
6 Waterway crossing (1) Despite any other law of the Territory, but subject to subsection (6), the consortium for the Trans-Territory Pipeline Project may construct and operate the Trans-Territory Pipeline across a waterway.
(2) However, the consortium must not:
(a) prevent, restrict or interfere with the passage of vessels on the waterway;
(b) divert or use water in the waterway; or
(c) obstruct the flow of water in the waterway.
(3) Despite subsection (2), the consortium may do any of the things mentioned in subsection (2)(a), (b) or (c):
(a) with the written approval of the Minister administering the
Water Act 1992 (theWater Minister ); and(b) in accordance with any conditions specified in the approval.
(4) For subsection (3)(b), the Water Minister may specify any conditions that the Water Minister considers appropriate.
(5) If the consortium fails to comply with any of the conditions:
(a) the Territory may take any action necessary to give effect to the condition; and
(b) the reasonable costs and expenses incurred by the Territory in taking that action are recoverable as a debt due to the Territory from the consortium.
(6) This section has effect subject to any requirement under a law of the Commonwealth that must be satisfied before the Territory may grant the consortium a right in relation to crossing a waterway.
(1) This section has effect in relation to any Authority Certificate issued (whether before or after the commencement of this Act) under the
Northern Territory Aboriginal Sacred Sites Act 1989 authorising any action to be taken for a Project.(2) The consortium for the Project may, subject to the conditions of the Authority Certificate, take the action as if the consortium were the applicant for that Authority Certificate (whether or not that is in fact the case).
(1) The
Waste Management and Pollution Control Act 1998 has effect as if the following had been inserted at the end of Schedule 2, Part 1 to that Act:4. Constructing an onshore gas plant as part of the Blacktip Gas Project within the meaning of the
Trans-Territory Pipeline and Blacktip Gas Projects (Special Provisions) Act 2005 .(2) The
Waste Management and Pollution Control Act 1998 has effect as if the following had been inserted at the end of Schedule 2, Part 2 to that Act:6. Operating an onshore gas plant as part of the Blacktip Gas Project within the meaning of the
Trans-Territory Pipeline and Blacktip Gas Projects (Special Provisions) Act 2005 .
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Assent date | 6 May 2005 |
Commenced | 6 May 2005 |
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
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