New South Wales Consolidated Acts

PIPELINES ACT 1967 - SECT 11

11 Construction and operation of pipelines

(1) A person shall not:

(a) commence, or continue, the construction of a pipeline, or

(b) alter or reconstruct a pipeline,

unless the person is, or is acting on behalf of, the registered holder of a licence and the activity is in pursuance of the licence.

(2) A person shall not operate a pipeline:

(a) unless the person is, or is acting on behalf of, the registered holder of a licence and the operation is in pursuance of the licence, and

(b) unless he or she has obtained the consent of the Minister under section 25 to the commencement or resumption, as the case may be, of the operations and commences or resumes the operations and thereafter operates the pipeline in accordance with the conditions, if any, to which the instrument of consent is for the time being subject.

(2A) Without limiting subsection (2), a person must not operate a pipeline whose construction is commenced or completed under, or under an authority granted under, an Act of the Commonwealth unless the person is, or is acting on behalf of, the registered holder of a licence under this Act and the operation is in pursuance of that licence.

(3) It is not an offence against this section:

(a) if, in an emergency in which there is a likelihood of loss or injury, or for the purpose of maintaining a pipeline in good order or repair, a person does an act to avoid the loss or injury or to maintain the pipeline in good order and repair and:

(i) as soon as practicable notifies the Minister of the act done, and

(ii) complies with any directions given to him or her by the Minister, or

(b) if a person does an act in compliance with a direction under this Act or the regulations.

Maximum penalty: 40 penalty units for each day on which the offence occurs.