Northern Territory Explanatory Statements

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TRANS-TERRITORY PIPELINE AND BLACKTIP GAS PROJECTS (SPECIAL PROVISIONS) BILL 2005

2005

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

CHIEF MINISTER AND MINISTER FOR TERRITORY DEVELOPMENT

TRANS-TERRITORY PIPELINE AND BLACKTIP GAS PROJECTS (SPECIAL PROVISIONS) BILL 2005

EXPLANATORY STATEMENT


GENERAL OUTLINE

The purpose of this legislation is to make special provision in connection with the Trans Territory Pipeline and Blacktip Projects. This legislation creates new statutory rights to cross roads and waterways with Ministerial approval; provides a mechanism to enable future persons responsible for construction and operation of the facilities comprising the Projects to rely on the Authority Certificates issued in connection with the Projects under the Northern Territory (Aboriginal Sacred Sites) Act, and the regulation of the Blacktip onshore gas plant by the Waste Management and Pollution Control Act.

NOTES ON CLAUSES

Clause 1. Short Title

This is a formal clause which provides for the citation of the Bill. The Bill when passed may be cited as the Trans-Territory Pipeline and Blacktip Projects (Special Provisions) Act 2005.

Clause 2. Commencement

This clause provides a mechanism to enable the Minister to cease the operation of the legislation by a notice in the gazette after 31 December 2005 but not after construction work for either Project has commenced.

Clause 3. Act Binds Crown

This clause makes it explicit that the Act is to apply to the Crown in right of the Territory.

Clause 4 Definitions

This is a formal clause which sets out the meaning of specific terms used in the Bill.

Clause 5 Road Crossings

This clause creates a new statutory right for the Consortium of the Trans-Territory Pipeline Project to construct and operate the Trans-Territory Pipeline across a road. The clause provides for Ministerial consent in relation to the exercise of that right and that consent may be provided with any conditions specified by the Minister administrating the Control of Roads Act (except Part IV). In addition, the Consortium provides a mechanism for the recovery of costs where the Territory is required to step in and remedy the Consortium’s failure to comply with any of the conditions attached to the Ministerial Consent.

Clause 6 Waterway Crossings

This clause provides that subject to any requirement of a law of the Commonwealth, but despite any other law of the Territory, the Consortium for the Trans-Territory Pipeline may construct and operate the Trans-Territory Pipeline across a waterway. The clause provides for Ministerial consent in relation to the exercise of that right and that consent may be provided with any conditions specified by the Minister administrating the Water Act. In addition, the clause provides a mechanism for the Territory to recover costs in relation to a failure by the Consortium to comply with any of the conditions attached to the Ministerial consent.

Clause 7 Affect of Authority Certificate

This clause provides the Consortium may, subject to the conditions of the Authority Certificate, take the action as if the Consortium were the applicant for that Authority Certificate.

Section 8 Application

This clause provides that the Waste Management and Pollution Control Act applies to the construction and operation of the onshore gas plant near Wadeye Community.
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