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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 143
North East
Gas Interconnector Pipeline (Special Provisions) Bill
2015
Mr
Giles
A Bill for an Act to make special provision for the North East Gas Interconnector Pipeline Project
NORTHERN TERRITORY OF AUSTRALIA
NORTH EAST GAS INTERCONNECTOR PIPELINE (SPECIAL PROVISIONS) ACT 2015
____________________
Act No. [ ] of 2015
____________________
Table of provisions
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2015
____________________
An Act to make special provision for the North East Gas Interconnector Pipeline Project
[Assented to [ ] 2015]
[Second reading [ ] 2015]
The Legislative Assembly of the Northern Territory enacts as follows:
Part
1 Preliminary matters
1 Short
title
This Act may be cited as the North East Gas Interconnector Pipeline (Special Provisions) Act 2015.
In this Act:
Authority Certificate, see section 3 of the Northern Territory Aboriginal Sacred Sites Act.
custodian, see section 3 of the Northern Territory Aboriginal Sacred Sites Act.
Lands Minister means the Minister responsible for administering the Pastoral Land Act.
pastoral land, see section 3(1) of the Pastoral Land Act.
pastoral lease, see section 3(1) of the Pastoral Land Act.
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.
Pipeline licensee means the licensee for the Pipeline under the Energy Pipelines Act.
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.
Transport Minister means the Minister responsible for the administration of the Control of Roads Act (except Part IV).
Water Minister means the Minister responsible for the administration of the Water Act.
waterway, see section 4(1) of the Water Act.
Note for section 2
The Interpretation Act contains definitions and other provisions that may be relevant to this Act.
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.
4 Application 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
2 Priority of
applications
5 Application
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 3 Roads
and
waterways
6 Construction
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.
(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.
(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 4 Sacred
sites
9 Work 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
5 Easement in gross over pastoral
land
10 Easement
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.
(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
6 Miscellaneous
matters
11 Relationship
with Planning Act
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.
The Administrator may make regulations under this Act.
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