New South Wales Consolidated Acts

PIPELINES ACT 1967 - SECT 14

14 Grant of licence

(1) If the Minister is satisfied that:

(a) an application for a licence has been made in compliance with section 13 (or if there was a non-compliance, it was in respect of a requirement of section 13 (1) or (2) and was not material), and

(b) if that application was amended, the application for the amendment was made in compliance with section 13A (or if there was a non-compliance, it was in respect of a requirement of section 13A (3), (4), (5) or (9) and was not material), and

(c) if an instrument has been served on the Minister under section 13B, the instrument complied with section 13B, and

(d) the lands, or the easements, specified in the application for the licence:

(i) are vested in the applicant, or

(ii) are available, in accordance with section 22, for compulsory acquisition, and

(e) the applicant has made provision, or given security in addition to any other security required by this Act, for the payment:

(i) of compensation and any interest payable in respect of any lands, or easements, that are available for compulsory acquisition, and

(ii) of all charges and expenses necessary for or incidental to the compulsory acquisition of those lands or easements,

the Minister may grant a licence in relation to the lands, including those the subject of easements, specified in the application or such of those lands as he or she thinks fit.

(2) The Minister may refuse an application for a licence, but only if the Minister has:

(a) given the applicant at least one month’s written notice of his or her intention to refuse the application, and

(b) served a copy of the notice on such other persons, if any, as he or she thinks fit, and

(c) in the notice:

(i) given particulars of the reasons for the intention, and

(ii) specified a period within which the applicant or a person on whom a copy of the notice is served may make written submissions to the Minister with respect to the application, and

(d) taken into account any written submissions made to the Minister within the specified period.

(3) If an application for a licence is refused, the whole, or such part as the Minister determines, of the fee referred to in section 13 (1) (i) is to be refunded to the applicant.