New South Wales Consolidated Acts

PIPELINES ACT 1967 - SECT 18

18 Variation of licence area

(1) In this section, "minor variation", in relation to a licence area, means a variation of that licence area by including therein 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 pipeline,

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

(c) any means of gaining access to the pipeline or any apparatus or works.

(2) A licensee may, at any time, apply to the Minister in writing for a variation of the licence area:

(a) by including therein additional lands,

(b) by excluding lands therefrom, or

(c) by including therein additional lands and by excluding lands therefrom.

(3) An application under this section:

(b) shall be accompanied by particulars of the proposed variation,

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

(d) shall be accompanied by the prescribed fee.

(4) Where an application under this section is an application for a variation (not being a minor variation) of the licence area by including therein additional lands, the application, in addition to complying with the requirements of subsection (3):

(a) shall be accompanied by a plan, drawn in the prescribed manner:

(i) showing the location of:

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

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

(c) any proposed variation of the means of gaining access to the pipeline or any apparatus or works, and

(ii) on which 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 the provisions of 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 an application under this section is an application for a minor variation of the licence area, the application, in addition to complying with the requirements of subsection (3):

(a) shall be accompanied by a plan, drawn in the prescribed manner, showing the location on the additional lands of:

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

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

(iii) any proposed variation of the means of gaining access to the pipeline or any apparatus or works,

on which plan 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, and

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

(6) Where an application under this section is an application for the variation of a licence area by excluding lands from the licence area, the application, in addition to complying with the requirements of subsection (3), shall be accompanied by a plan, drawn in the prescribed manner, showing the location on the lands within the licence area of the lands proposed to be excluded.

(7) Not less than seven days before a person makes an application under this section for a variation (not being a minor variation) of the licence area by including therein additional lands, he or she shall cause to be published in two daily newspapers circulating throughout New South Wales a notification setting out particulars of the proposed application.

(8) If the regulations so require, a copy of a notification under subsection (7) must be served on such public authorities 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, under 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 an application under this section for a minor variation of the licence area to any person who is the owner or occupier of any land that may be affected by the application,

(b) may give to such persons, if any, as he or she thinks fit, notice of an application under this section for a minor variation of the licence area or for a variation of the licence area by excluding lands therefrom, 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 application.