Pipeline Legislation Amendment Act 1994

Legislation au C2004A04840 Not in force Act

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Pipeline Legislation Amendment Act 1994

No. 167 of 1994

 

An Act to amend the Moomba-Sydney Pipeline System Sale Act 1994 and the Pipeline Authority Act 1973

[Assented to 16 December 1994]

The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Pipeline Legislation Amendment Act 1994.


Commencement

2.(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) Part 2 is taken to have commenced on 30 June 1994.

PART 2—AMENDMENTS OF THE MOOMBA-SYDNEY PIPELINE SYSTEM
SALE ACT 1994

Principal Act

3. In this Part, "Principal Act" means the Moomba-Sydney Pipeline System Sale Act 19941.

Dual destination instruments that create easements

4. Section 16 of the Principal Act is amended by adding at the end:

"(6) This section is not intended to affect the operation of any law of a State or Territory with respect to the construction or operation of pipelines or parts of pipelines that is capable of operating concurrently with this section.".

Instruments relating to the easements of the Authority or Pacenco that are not specified in the easement agreement

5. Section 18 of the Principal Act is amended:

(a) by omitting from subsection (1) "that is not specified in the easement agreement" and substituting "covered by section 17";

(b) by adding at the end:

"(4) This section is not intended to affect the operation of any law of a State or Territory with respect to the construction or operation of pipelines or parts of pipelines that is capable of operating concurrently with this section.".

PART 3—AMENDMENT OF THE PIPELINE AUTHORITY ACT 1973

Principal Act

6. In this Part, "Principal Act" means the Pipeline Authority Act 19732.

Insertion of new Part VB

7. After Part VA of the Principal Act the following Part is inserted:

"PART VB—TRANSFER TO GORODOK OF EASEMENTS OF THE AUTHORITY RELATING TO THE MOOMBA-BOTANY PIPELINE

Definitions

"33ZE. In this Part, unless the contrary intention appears:


'authorised person' means:

(a) the Minister; or

(b) a person authorised by the Minister, in writing, for the purposes of this Part;

'easement' includes a right in relation to land;

'Gorodok' means Gorodok Proprietary Limited (A.C.N. 057 156 751);

'instrument' includes a document;

'Moomba-Botany pipeline' means the pipeline that, when constructed, will carry gas from Moomba in South Australia to Botany in New South Wales;

'transfer day', in relation to a transferring interest, means the day specified in a notice under section 33ZF;

'transferring interest' means an easement specified in a notice under section 33ZF.

Specifying the easements etc. to be transferred to Gorodok and the transfer day

"33ZF.(1) An authorised person may, by notice in the Gazette, specify:

(a) an easement that relates to the Moomba-Botany pipeline; and

(b) the transfer day for that easement.

"(2) The authorised person may make and publish one or more notices under subsection (1).

Transfer to Gorodok of transferring interests of the Authority

"33ZG. By force of this section, each transferring interest of the Authority:

(a) ceases to be an asset of the Authority; and

(b) becomes an asset of Gorodok;

on the transfer day for the interest.

Instruments relating to the transferring interests of the Authority

"33ZH.(1) An authorised person may, by notice in the Gazette, on or before the transfer day for a particular transferring interest, specify an instrument that relates to the interest for the purposes of this section.

"(2) An instrument specified in a notice under subsection (1) continues to have effect, on and after the transfer day for the transferring interest that relates to the instrument, as if a reference in the instrument to the Authority were a reference to Gorodok.

Certificates in relation to interests in land

"33ZJ.(1) This section applies if:

(a) an interest in land becomes an interest in land of Gorodok under this Part; and


(b) there is lodged with a land registration official a certificate that:

(i) is signed by an authorised person; and

(ii) identifies the interest, whether by reference to a map or otherwise; and

(iii) states that the interest has become an interest in land of Gorodok under this Part.

"(2) The land registration official may:

(a) register the matter in the same way in which dealings in interests in land of that kind are registered; and

(b) deal with, and give effect to, the certificate.

"(3) A document that appears to be a certificate under subsection (1) is taken to be such a certificate and to have been properly given unless the contrary is established.

"(4) In this section:

'land registration official' means the Registrar of Titles or other proper officer of the State in which the land concerned is situated.

Commonwealth and Authority to take steps necessary to carry out transfers

"33ZK. The Commonwealth and the Authority must take the steps that are necessary to ensure that this Part is fully effective.

Part to have effect in spite of laws prohibiting transfers

"33ZL.(1) This Part has effect, and must be given effect to, in spite of anything in:

(a) any law of the Commonwealth or any law of a State or Territory; or

(b) any instrument.

"(2) Without limiting subsection (1), if the consent of a person is necessary in order to give effect to this Part in a particular respect, the consent is taken to have been given.".


NOTES

1. No. 70, 1994.

2. No. 42, 1973, as amended. For previous amendments, see No. 216, 1973; No. 91, 1976; No. 36, 1978; No. 109, 1980; No. 115, 1983; Nos. 65, 159 and 166, 1985; No. 76, 1986; Nos. 21 and 129, 1989; Nos. 122 and 199, 1991; Nos. 7 and 188, 1992; and Nos. 20 and 70, 1994.

[Minister's second reading speech made in—

Senate on 9 November 1994

House of Representatives on 6 December 1994]

 

Overview

The Pipeline Legislation Amendment Act 1994 was enacted by the Parliament of Australia to address and resolve specific issues arising from the sale and transfer of pipeline easements and assets. This legislation aimed to amend the Moomba-Sydney Pipeline System Sale Act 1994 and the Pipeline Authority Act 1973, ensuring that the transfer of pipeline easements and related assets is conducted smoothly and in compliance with existing state and territory laws. The Act's amendments provide clarity and legal certainty regarding the transfer process, ensuring that it operates concurrently with other relevant laws and does not conflict with state or territory legislation. The Pipeline Legislation Amendment Act 1994 introduces new provisions that facilitate the transfer of easements and interests from the Pipeline Authority to Gorodok Proprietary Limited, ensuring that these transfers are legally binding and enforceable. The Act also mandates that the Commonwealth and the Pipeline Authority take all necessary steps to ensure the effectiveness of these transfers, overriding any conflicting laws or instruments. The amendments are designed to expedite the transfer process while maintaining the integrity of existing legal frameworks and ensuring that the interests of all parties are protected.

Scope and Application

The Pipeline Legislation Amendment Act 1994 amends the Moomba-Sydney Pipeline System Sale Act 1994 and the Pipeline Authority Act 1973 to facilitate the transfer of pipeline easements and interests from the Pipeline Authority to Gorodok Proprietary Limited. This Act applies to easements and instruments related to the Moomba-Botany pipeline, allowing the Minister or an authorised person to specify these through notices in the Gazette. The transfers of interests from the Authority to Gorodok occur on a specified transfer day, with the Commonwealth and the Authority required to take necessary steps to ensure these transfers are effective. This Act operates regardless of other Commonwealth, state, or territory laws that might otherwise prohibit such transfers. The Act's jurisdictional reach is national, impacting entities involved in the construction and operation of pipelines across states and territories, while also providing for the registration of land interests affected by these transfers.

Key Provisions

The Pipeline Legislation Amendment Act 1994 primarily focuses on amending the Moomba-Sydney Pipeline System Sale Act 1994 and the Pipeline Authority Act 1973. Section 4 of Part 2 amends section 16 of the Principal Act, clarifying that the section does not affect any State or Territory law concerning the construction or operation of pipelines that can operate concurrently (section 4). Additionally, section 5 amends section 18 of the Principal Act, removing the exclusion of easements not specified in the easement agreement and including those covered by section 17, while also clarifying that it does not affect any State or Territory law regarding pipeline construction or operation that can operate concurrently (section 5). Part 3 of the Act inserts a new Part VB into the Pipeline Authority Act 1973, defining key terms such as 'authorised person', 'easement', 'Gorodok', 'instrument', 'Moomba-Botany pipeline', and 'transfer day' (section 33ZE). It allows an authorised person to specify easements and the transfer day for these easements through a notice in the Gazette (section 33ZF). It also mandates that upon the transfer day, each transferring interest of the Authority ceases to be an asset of the Authority and becomes an asset of Gorodok (section 33ZG). Furthermore, an authorised person can specify instruments relating to the transferring interests of the Authority, ensuring they continue to have effect as if references to the Authority were references to Gorodok (section 33ZH). If an interest in land becomes an interest of Gorodok, a certificate signed by an authorised person can be lodged with a land registration official, allowing the official to register the matter and give effect to the certificate (section 33ZJ). The Act imposes obligations on the Commonwealth and the Authority to take necessary steps to ensure the effectiveness of the new Part VB (section 33ZK). It also mandates that Part VB must be given effect despite any conflicting laws or instruments, with any necessary consents deemed to have been given (section 33ZL). In terms of consequences, while the Act does not specify offences, penalties, or civil/criminal consequences for non-compliance, it ensures that the transfer process is legally robust and enforceable through the provision of certificates and the registration process.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.