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NORTHERN TERRITORY OF AUSTRALIA

NORTH EAST GAS INTERCONNECTOR PIPELINE (SPECIAL PROVISIONS) ACT 2015

As in force at 10 December 2015

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Preliminary matters1 — Short title2 — Definitions3 — Act binds Crown4 — Application of Criminal CodePart 2 — Priority of applications5 — Application by Pipeline licensee or project participantPart 3 — Roads and waterways6 — Construction in road7 — Waterway crossing8 — Compliance with conditionsPart 4 — Sacred sites9 — Work or use of land in proximity to sacred sitesPart 5 — Easement in gross over pastoral land10 — Easement in gross over pastoral landPart 6 — Miscellaneous matters11 — Relationship with 12 — RegulationsENDNOTES NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 10 December 2015

NORTH EAST GAS INTERCONNECTOR PIPELINE (SPECIAL PROVISIONS) ACT 2015

An Act to make special provision for the North East Gas Interconnector Pipeline Project

Part 1Preliminary matters 1Short title

This Act may be cited as the North East Gas Interconnector Pipeline (Special Provisions) Act 2015.

2Definitions

In this Act:

Authority Certificate, see section 3 of the Northern Territory Aboriginal Sacred Sites Act 1989.

custodian, see section 3 of the Northern Territory Aboriginal Sacred Sites Act 1989.

Lands Minister means the Minister responsible for administering the Pastoral Land Act 1992.

pastoral land, see section 3(1) of the Pastoral Land Act 1992.

pastoral lease, see section 3(1) of the Pastoral Land Act 1992.

Pipeline means the North East Gas Interconnector Pipeline, being the pipeline or proposed pipeline to connect the Northern Territory gas pipeline network to the Eastern States gas pipeline network as more fully described by regulation, and includes all associated infrastructure and equipment.

Note for definition Pipeline

In this definition, pipeline has the same meaning as in the Energy Pipelines Act 1981.

Pipeline licensee means the licensee for the Pipeline under the Energy Pipelines Act 1981.

project means the project for constructing and operating the Pipeline.

project participant means a person responsible from time to time for the project or any part or aspect of the project and includes:

• (a)

  a subsidiary of a project participant that participates in the project; or

• (b)

  a contractor or other person acting on behalf a project participant.

road, see section 5(1) of the Control of Roads Act 1953.

Transport Minister means the Minister responsible for the administration of the Control of Roads Act 1953 (except Part IV).

Water Minister means the Minister responsible for the administration of the Water Act 1992.

waterway, see section 4(1) of the Water Act 1992.

Note for section 2

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

3Act 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.

4Application of Criminal Code

Part IIAA of the Criminal Code applies to an offence against this Act.

Note for section 4

Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

Part 2Priority of applications 5Application by Pipeline licensee or project participant

Each of the following entities must give priority to considering an application received by the entity from the Pipeline licensee or a project participant and related to the construction or operation of the Pipeline:

• (a)

  a Minister;

• (b)

  an Agency;

• (c)

  an officer of an Agency;

• (d)

  a statutory corporation;

• (e)

  a local government council.

Part 3Roads and waterways 6Construction in road

• (1)

  The Pipeline licensee may, with the Transport Minister’s written approval, construct and operate the Pipeline in such a way that it is wholly or partly in, under or across a road.

• (2)

  The conditions that apply to the approval are the conditions that the Transport Minister considers appropriate, including conditions that:

  • (a)

    require the installation, maintenance and operation of safety devices; and

  • (b)

    require the reconstruction and maintenance of the road in or above which the pipeline is constructed or operated.

  7Waterway crossing
• (1)

  The Pipeline licensee may construct and operate the Pipeline across a waterway if:

  • (a)

    any requirements under a law of the Commonwealth that must be satisfied have been satisfied; and

  • (b)

    the Water Minister has given written approval for the construction and operation of the Pipeline across the waterway.

• (2)

  The following conditions apply to the approval:

  • (a)

    unless the instrument of approval otherwise provides – a condition that a project participant must not:

    • (i)

      prevent, restrict or interfere with the passage of vessels on the waterway; or

    • (ii)

      divert or use water in the waterway; or

    • (iii)

      obstruct the flow of water in the waterway;

  • (b)

    any other conditions determined by the Water Minister that are:

    • (i)

      stated in the instrument of approval; or

    • (ii)

      notified to the Pipeline licensee by the Water Minister.

    8Compliance with conditions
• (1)

  The Pipeline licensee must ensure that the conditions that apply to an approval under this Part are complied with.

• (2)

  The Territory may take action to ensure compliance, or to remedy non-compliance, with subsection (1) and recover the costs of doing so from the Pipeline licensee.

• (3)

  The Supreme Court may, on application by the Minister or any other person with a proper interest:

  • (a)

    grant an injunction (including a mandatory injunction) to enforce compliance with subsection (1); or

  • (b)

    award damages against the Pipeline licensee for non-compliance with this section.

  Part 4Sacred sites    

9Work or use of land in proximity to sacred sites

• (1)

  An Authority Certificate obtained on the application of a project participant (including one obtained before the commencement of this Act) operates in favour of another project participant who carries out work, or uses land, as contemplated in the certificate.

• (2)

  The other project participant is bound by:

  • (a)

    the conditions of the certificate; and

  • (b)

    if an agreement was reached between the custodians and the applicant – the terms and conditions of the agreement.

  Part 5Easement in gross over pastoral land    

10Easement in gross over pastoral land

• (1)

  An easement in gross over pastoral land in favour of the Pipeline licensee, or a project participant nominated by the Pipeline licensee:

  • (a)

    may be created by agreement between:

    • (i)

      the Pipeline licensee or the nominated project participant; and

    • (ii)

      the pastoral lessee; but

  • (b)

    is not valid without the consent of the Lands Minister.

• (2)

  An easement in gross created under subsection (1) is taken to be an easement granted under the Law of Property Act 2000.

• (3)

  An easement in gross created under subsection (1) may be varied or extinguished only by agreement between the parties by which it was created (or their successors).

Part 6Miscellaneous matters 11Relationship with

The creation of an interest in, or in respect of, land for purposes related to the construction or operation of the Pipeline, does not constitute a subdivision of land for the purposes of the Planning Act 1999.

12Regulations

The Administrator may make regulations under this Act.

    ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

North East Gas Interconnector Pipeline (Special Provisions) Act 2015 (Act No. 34, 2015)
Assent date	10 December 2015
Commenced	10 December 2015

• 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 Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 2, 10 and 11.