Untitled document

Pipelines (Amendment) Act 1996

Act No. 76/1996

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Principal Act	1
3.	Commencement	2
4.	Definition	2
5.	New section 3A inserted	2

3A. Expressions in Native Title Act 2

6.	New section 12AB inserted	2
12AB. Provisions applicable before permit granted	2
7.	Amendment of section 20	4
8.	Amendment of section 21	4
9.	New sections 22, 22A, 22B and 22C substituted	4

22.          Availability of certain land and interests for compulsory

acquisition 4
22A.	Notice of grant of permit and compulsory acquisition 6
22B.	Land Acquisition and Compensation Act 1986 7
22C.	Requests for non-monetary compensation 8

10. Transitional 8

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NOTES 10

i

Victoria

No. 76 of 1996

†

Pipelines (Amendment) Act 1996

[Assented to 17 December 1996]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to make provision for the acquisition of easements for pipelines having regard to native title interests.

2. Principal Act

No. 7541.

In this Act, the Pipelines Act 1967 is called the

Reprinted to

No. 52/1994. Principal Act.

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3. Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

4. Definition

In section 3 of the Principal Act, after the definition of "prescribed" insert—

' "private land" does not include—

(a) land that is subject to native title rights and interests; or

(b) Crown land;'.

5. New section 3A inserted

After section 3 of the Principal Act insert—

'3A. Expressions in Native Title Act

(1) In this Act, the expressions "just terms",

"native title", "native title rights and
interests", "registered native title body
corporate" and "registered native title
claimant" have the same respective
meanings as they have in the Native Title
Act 1993 of the Commonwealth.

(2) In this Act, "right to negotiate provisions" in relation to the Native Title Act 1993 of the Commonwealth means subdivision B of

Division 3 of Part 2 of that Act.'.

6. New section 12AB inserted

After section 12A of the Principal Act insert—

"12AB. Provisions applicable before permit granted

(1) If the proposed route or authorised route of a

pipeline to which an application under
section 12 or 12A relates is—

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(a)

on private land (other than land in acquired by agreement with the owner); or

(b) on land over which native title rights and interests may exist (other than land over which any necessary interests have been acquired by agreement with the registered native title body corporate or registered native title claimant)—

the Minister must not grant the application,
or vary or alter the proposed route or
authorised route, unless the Minister is

satisfied—

(c)	that the land is, or interests in the land are, available, in accordance with section 22, for compulsory acquisition; and
(d)	that the applicant has made provision, or given security, to the satisfaction of the Minister, for the payment—

(i)

of compensation and interest those interests; and

(ii) necessary for or incidental to the

of all charges and expenses land or those interests.

(2) Compensation, interest, charges and

expenses referred to in sub-section (1)(d) are
payable by the applicant.".

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7. Amendment of section 20

(1) In section 20 of the Principal Act, before

"Notwithstanding" insert "(1)".

(2) At the end of section 20 of the Principal Act

insert—

"(2) Sub-section (1) does not authorise the

granting of a lease, easement, licence or
other authority over or in respect of native

title rights or interests.".

8. Amendment of section 21

In section 21 of the Principal Act, for the passage beginning "referred to in the last preceding section" and ending at the end of the section, substitute "referred to in section 20 of or over any land vested in the corporation that is necessary or expedient to enable the permittee to construct any part of the authorised pipeline through or over the land and to operate, inspect, maintain and repair any part of the pipeline.".

9. New sections 22, 22A, 22B and 22C substituted

For section 22 of the Principal Act substitute—

"22. Availability of certain land and interests for compulsory acquisition

(1) For the purposes of section 12AB, land or

interests in land are available for compulsory
acquisition if the Minister has given notices
in accordance with sub-sections (2) and (3)
at least 2 months before the grant of the
permit or the variation or alteration.

(2) The notices under this sub-section are notices

in or to the effect of a form approved by the
Minister and delivered to or served on—

(a) the owner of the land; and

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(b)	in the case of interests in Crown land that is subject to a lease or licence, the lessee or licensee of the Crown land; and
(c)	if there is, in respect of the land, a registered native title body corporate or registered native title claimant, each such body corporate or claimant—

stating that if—

(d)	the application for a permit, or for a variation or alteration in the proposed route or authorised route of a pipeline, as the case requires, is granted; and
(e)	notice is published in accordance with section 22A—

the land, or interests in the land, will be
compulsorily acquired by the Minister and
vested in the permittee.

(3) The notice under this sub-section is a notice in or to the effect of a form approved by the Minister and published in the Government

Gazette and in a newspaper circulating generally in the State stating that if—

(a)	the application for a permit, or for a variation or alteration in the proposed route or authorised route of a pipeline, as the case requires, is granted; and
(b)	notice is published in accordance with section 22A—

the land, or interests in the land, will be
compulsorily acquired by the Minister and
vested in the permittee.

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22A. Notice of grant of permit and compulsory

acquisition

If the Minister grants a permit, or varies or alters the authorised route of a pipeline, the Minister must, as soon as practicable, cause to be published in the Government Gazette notice of the grant, variation or alteration

and—

(a) if land, other than private land, or an interest in land, other than private land, is to be acquired—

(i)  notice that, if the Minister is satisfied—

(A) that the right to negotiate

provisions of the Native Title
Act 1993 of the
Commonwealth have been

applied; and

(B) that all acts (within the

meaning of section 226 of that Act) in relation to the compulsory acquisition are

valid acts within the meaning

of section 28 of that Act —

the land or interests in land will be
compulsorily acquired by the
Minister and, by force of that
acquisition, will vest in the
permittee in accordance with the
Land Acquisition and
Compensation Act 1986; and

(ii)  if the Minister is satisfied as to the matters referred to in paragraph (a), notice declaring the land or interests to be acquired; and

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(b)	if private land, or an interest in private land, is to be acquired, notice declaring that the land or interests are
compulsorily acquired and by force of this acquisition, vest in the permittee in accordance with the Land Acquisition and Compensation Act 1986.

22B. Land Acquisition and Compensation Act

1986

(1) If land or interests in land are compulsorily

acquired under section 22A, the Land applies to the determination and payment of compensation as if the vesting were effected by a notice of acquisition under that Act and, for that purpose—

(a) the Pipelines Act 1967 is the special Act; and

(b) the permittee is the Authority.

(2) Despite sub-section (1), if, in relation to the vesting of land, or interests in land, subject to native title rights or interests, the right to negotiate provisions of the Native Title Act 1993 of the Commonwealth have applied,

provisions of the Land Acquisition and Compensation Act 1986 that provide for similar processes do not apply except to the

extent that the parties otherwise agree in
writing.

(3) If the compensation payable to a person in

respect of the compulsory acquisition of
land, or interests in land over which native
title rights and interests may exist and to
which this section applies does not amount to

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compensation on just terms, the person is
entitled to such additional compensation as is
necessary to ensure that compensation is paid

on just terms.

(4) Compensation payable in respect of the

compulsory acquisition of land or interests to
which this section applies is payable by the

permittee.

1

22C. Requests for non-monetary compensation

(1) If, during negotiations in relation to an

application under this Part, a person who may be entitled to compensation requests that the whole or part of the compensation be

in a form other than money, the person or

persons involved in the negotiations—

(a) must consider the request; and

(b) must negotiate in good faith in relation to the request.

(2) The transfer of property or the provision of

goods and services are examples of
compensation in a form other than money.".

10. Transitional

The Principal Act, as amended by this Act applies—

(a)	to an application made under the Principal Act, whether before or after the commencement of this section; and
(b)	to the grant of a permit under the Principal Act, whether the application for the permit was made before or after that

commencement; and

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(c) to the alteration or variation of the authorised route of a pipeline, whether the application for the alteration or variation was made before or after that commencement.

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Pipelines (Amendment) Act 1996

Notes

Act No. 76/1996

NOTES

†

Minister's second reading speech—

Legislative Assembly: 14 November 1996

Legislative Council: 5 December 1996

The long title for the Bill for this Act was "to amend the Pipelines Act

1967 and for other purposes."

1

Compare section 79 of Native Title Act 1993 of the Commonwealth.