New South Wales Consolidated Acts

PIPELINES ACT 1967 - SECT 13A

13A Amendment of application for licence by inclusion or exclusion of lands

(1) In this section, "minor variation", in relation to an area in respect of which an application for a licence is pending, means a variation of that area by including in that area additional lands, being a variation which the Minister is satisfied is for the purpose only of making a minor variation of:

(a) the route of the proposed pipeline,

(b) the situation of any proposed apparatus or works, or

(c) the lands (if any) proposed to be used for the purpose of gaining access to the proposed pipeline or the proposed apparatus or works.

(2) Where an application made under section 12 is pending, the applicant may, by instrument in writing served on the Minister, make to the Minister an application (in this section referred to as a "further application") to amend the application for the licence by varying the area in respect of which that application was made so as:

(a) to include additional lands in that area,

(b) to exclude lands from that area, or

(c) both to include additional lands in and to exclude lands from that area.

(3) A further application shall:

(a) be in a form approved by the Minister,

(b) include particulars of the proposed variation,

(c) specify the reasons for the proposed variation, and

(d) be accompanied by the prescribed fee (if any).

(4) Where a further application is for a variation (not being a minor variation) of the area in respect of which an application for a licence has been made by including additional lands in the area, the further application, in addition to complying with the requirements of subsection (3):

(a) shall be accompanied by a plan, drawn in the prescribed manner, which shows the locations of:

(i) any proposed variation of the route of the proposed pipeline,

(ii) any proposed variation of the situation of any proposed apparatus or works, and

(iii) any proposed variation of the lands proposed to be used for the purpose of gaining access to the proposed pipeline or any proposed apparatus or works,

and on which there shall be identified the lands, or easements over lands, referred to in paragraph (c),

(b) shall be accompanied by particulars of any agreements entered into, or proposed to be entered into, by the applicant for the acquisition by him or her of, or of easements over, the additional lands shown in the plan referred to in paragraph (a),

(c) shall specify particulars of the additional lands, or of the easements over the additional lands, acquired or agreed to be acquired or in respect of which no agreement for acquisition by the applicant has been reached,

(d) shall be accompanied by copies of the notification caused to be published by the applicant in accordance with subsection (7),

(da) must be accompanied by evidence that the applicant has complied with any requirement on the applicant under subsection (8) to serve a copy of a notification on a public authority, and

(e) may set out any other matters that the applicant wishes the Minister to consider.

(5) Where a further application is for a minor variation of the area in respect of which the application was made, the further application, in addition to complying with the requirements of subsection (3):

(a) shall be accompanied by a plan, drawn in the prescribed manner, which shows the locations on the additional lands of:

(i) any proposed variation of the route of the proposed pipeline,

(ii) any proposed variation of the situation of any proposed apparatus or works, and

(iii) any proposed variation of the lands proposed to be used for the purpose of gaining access to the proposed pipeline or any proposed apparatus or works,

and on which there shall be identified the lands, or easements over lands, referred to in paragraph (c),

(b) shall be accompanied by particulars of any agreement entered into, or proposed to be entered into, by the applicant for the acquisition by him or her of, or of easements over, the additional lands shown in the plan referred to in paragraph (a),

(c) shall specify particulars of the additional lands, or of the easements over the additional lands, acquired or agreed to be acquired or in respect of which no agreement for acquisition by the applicant has been reached, and

(d) may set out any other matters that the applicant wishes the Minister to consider.

(6) Where a further application is for the variation of the area in respect of which the application was made by excluding lands from that area, the further application, in addition to complying with the requirements of subsection (3), shall be accompanied by a plan, drawn in the prescribed manner, which shows the location on the lands within the area of the lands proposed to be excluded.

(7) The applicant shall, not less than 7 days before he or she makes a further application for a variation (not being a minor variation) of the area in respect of which the application was made by including in that area additional lands, cause to be published in 2 daily newspapers circulating throughout New South Wales a notification setting out particulars of the proposed further application.

(8) If the regulations so require, a copy of a notification under subsection (7) must be served by the applicant on such public authorities as may be prescribed within such period as may be prescribed.

(9) The applicant must, if required to do so by notice in writing served on the applicant by the Minister, furnish:

(a) to the Minister, and

(b) to each public authority (if any) on which the applicant was required, by subsection (8), to serve a copy of a notification under subsection (7),

within the time specified in the notice, further information in writing in connection with the application, as required by the notice.

(10) The Minister:

(a) shall give notice of a further application for a minor variation of the area in respect of which the application was made to any person who is the owner or occupier of any land that may be affected by the further application,

(b) may give to such persons, if any, as he or she thinks fit notice of a further application for a minor variation of the area in respect of which the application was made or for a variation of that area by excluding lands from it, and

(c) shall specify in any such notice a period within which each person to whom notice is so given may submit to the Minister in writing any matters that he or she wishes to be considered in connection with the further application.

(11) Where, with respect to a further application which is for the variation of the area in respect of which an application for a licence has been made by including in that area additional lands, the Minister is satisfied that the further application was made and submitted in compliance with such of the provisions of this section as are applicable to the further application (except so far as he or she is satisfied that any non-compliance with such of the provisions of subsections (3), (4), (5) and (9) as are applicable to the further application is not materially significant), he or she shall cause:

(a) the application for the licence to be amended in the manner applied for,

(b) in the case of an application under section 12, the plan which accompanied the application for the licence in accordance with section 13 (1) (d) to be amended in such manner as may be indicated or warranted by reference to the plan accompanying the further application in accordance with subsection (4) (a) or (5) (a) or, if the case so requires, to be replaced by that plan, and

(c) such amendments to be made to the other documents accompanying the application for the licence in accordance with section 13 as may be necessary or appropriate having regard to the further application and the documents accompanying it in accordance with this section,

and thereupon the lands specified in the application shall, for the purposes of this Act, be deemed to include the additional lands to which the further application relates.

(12) Where, with respect to a further application which is for the variation of the area in respect of which an application for a licence has been made by excluding lands from that area, the Minister is satisfied that the further application was made and submitted in compliance with such of the provisions of this section as are applicable to the further application (except so far as he or she is satisfied that any non-compliance with such of the provisions of subsections (3), (6) and (9) as are applicable to the further application is not materially significant), he or she shall cause:

(a) the application for the licence to be amended in the manner applied for,

(b) in the case of an application under section 12, the plan which accompanied the application for the licence in accordance with section 13 (1) (d) to be amended in such manner as may be indicated or warranted by reference to the plan accompanying the further application in accordance with subsection (6) or, if the case so requires to be replaced by that plan, and

(c) such amendments to be made to the other documents accompanying the application for the licence in accordance with section 13 as may be necessary or appropriate having regard to the further application,

and thereupon the lands specified in the application shall, for the purposes of this Act, be deemed not to include the lands to which the further application relates.

(13) Where a further application is for the variation of the area in respect of which an application for a licence has been made for the purpose of both including additional lands in, and excluding lands from, that area:

(a) such of the provisions of this section as are applicable to an application for the variation of an area in respect of which an application has been made for the purpose of including additional lands in that area shall apply to and in respect of so much of the further application as relates to the variation of the area for the purpose of including additional lands in that area, and

(b) such of the provisions of this section as are applicable to an application for the variation of an area in respect of which an application has been made for the purpose of excluding lands from that area shall apply to and in respect of so much of the further application as relates to the variation of the area for the purpose of excluding lands from that area.

(14) Where the Minister is not satisfied as referred to in subsection (11) or (12), he or she shall refuse the further application and shall thereupon notify the applicant of that refusal and of the reasons for it.

(15) Where a further application is refused, the whole of the fee (if any) referred to in subsection (3) (d), or such part of it as the Minister determines, shall be refunded to the applicant.