New South Wales Consolidated Acts

PIPELINES ACT 1967 - SECT 21

21 Vesting of lands or easements in licensee

(1) The Minister shall, by notification published in the Gazette as soon as practicable after the granting of a licence under section 14 or of an application under section 18 for the variation of a licence area by including additional lands in the licence area, declare that:

(a) such lands and easements as may be specified in the notification (being lands, including lands deemed to be specified therein by section 19 (4) (a), and easements specified in the licence) are vested in the licensee, and

(b) such restrictions as to user as may be specified in the notification have effect in respect of the lands the subject of the easements specified in the licence,

according to the tenor of the notification.

(2) Upon publication of a notification under subsection (1):

(a) the lands and easements specified in the notification, to the extent to which they were not vested in the licensee immediately before the date of the notification, vest in the licensee, and

(b) the restrictions as to user specified in the notification, to the extent to which they did not have effect immediately before the date of the notification, have effect,

according to the tenor of the notification.

(3) Where, by the operation of subsection (2), any lands under the provisions of the Real Property Act 1900 , or easements over any such lands, become vested in a licensee, the licensee shall forthwith make a request to the Registrar-General under section 46C of the Real Property Act 1900 in relation to those lands and easements.

(4) Upon receipt of a request under section 46C of the Real Property Act 1900 , the Registrar-General may in accordance with that Act, notify in the Register kept by him or her pursuant to that Act, that the lands or easements over lands, are vested in the licensee according to the tenor of the notification, notwithstanding that any relevant certificate of title or Crown grant has not been produced to him or her.

If lands in relation to which native title rights and interests within the meaning of the Commonwealth Native Title Act exist are affected by the granting of a licence under section 14 or of an application under section 19 for the variation of a licence area by the inclusion of additional land, a relevant procedure under the NTA must be followed before a notification under section 21 is published in the Gazette. The relevant procedures include:

(a) the right to negotiate procedure under Subdivision P of Division 3 of Part 2,

(b) the procedure under section 24MD (6B),

(c) the procedure under an indigenous land use agreement.