PIPELINES ACT 1967 - SECT 3 Definitions

PIPELINES ACT 1967 - SECT 3

3 Definitions

(1) In this Act, unless the context or subject-matter otherwise indicates or requires--


"apparatus or works" means--

(a) structures for protecting or supporting a pipeline,

(b) storage tanks, loading terminals and works and buildings used or to be used for purposes connected with or incidental to the operation of a pipeline, and

(c) any fixed equipment or machinery (including any associated fittings and structures) used or to be used for purposes connected with or incidental to the operation of a pipeline or connected with or incidental to the use of any apparatus and works, as defined by paragraph (a) or (b).

"authority to survey" means an authority to enter lands and carry out surveys granted by the Minister under Division 1 of Part 2.


"Commonwealth Native Title Act" or
"NTA" means the Native Title Act 1993 of the Commonwealth.


"Crown lands" means lands that are subject to the Crown Lands Acts and are not--

(a) the subject of an incomplete purchase,

(b) held as a homestead selection or a homestead grant, or

(c) held as a lease in perpetuity under the Crown Lands Acts,

and includes lands dedicated to a public purpose under the Crown Lands Acts, whether or not a folio of the Register kept under the Real Property Act 1900 has been created in respect thereof.


"Crown Lands Acts" means the Acts for the time being in force relating to Crown lands.


"cyber security incident" means acts, events or circumstances involving, or likely to involve, 1 or more of the following--

(a) unauthorised access to computer data or a computer program,

(b) unauthorised modification of computer data or a computer program,

(c) unauthorised impairment of electronic communication to or from a computer,

(d) unauthorised impairment of the availability, reliability, security or operation of a computer, computer data or a computer program.

"Department" means the Department of Planning and Environment.


"incomplete purchase" means a conditional purchase or a purchase by auction or other purchase of the fee-simple from the Crown under the Crown Lands Acts in respect of which any of the purchase money remains unpaid.


"inspector" means inspector appointed under this Act.


"land" means--

(a) land in fee-simple other than land referred to in paragraph (b) or (d),

(b) Crown lands,

(c) an incomplete purchase and a homestead selection, a homestead grant and a lease in perpetuity under the Crown Lands Acts, and

(d) land (not being Crown lands) owned by or vested in a person on behalf of the Crown or a public authority.

"licence" means a licence granted by the Minister under Part 3.


"licence area" , in relation to a licence, means the lands specified in the licence as being the licence area.


"licensee" means the registered holder of a licence.


"owner" --

(a) in relation to land other than Crown lands or lands owned by or vested in a person on behalf of the Crown or a public authority, includes every person who jointly or severally, whether at law or in equity--

(i) is entitled to the land for an estate of freehold in possession or is the holder of a homestead selection or a homestead grant,

(ii) is the purchaser under an incomplete purchase, the holder of a lease in perpetuity under the Crown Lands Acts or a person (not being the purchaser under an incomplete purchase) to whom a person on behalf of the Crown, or a public authority, has lawfully contracted to convey or transfer the fee-simple,

(iii) is entitled to receive, or is in receipt of, or if the land were let to a tenant would be entitled to receive, the rents and profits thereof, whether as beneficial owner, trustee, mortgagee in possession, or otherwise,

(b) in relation to Crown lands and lands (not being lands specified in a contract referred to in paragraph (a) (ii)) owned by or vested in a person on behalf of the Crown, means the Crown or that person, and

(c) in relation to lands (not being lands specified in a contract referred to in paragraph (a) (ii)) owned by or vested in a public authority, means that authority, and

(d) means any native title holder within the meaning of the Commonwealth Native Title Act.

"partly cancelled" , in relation to a licence, means cancelled as to part of the pipeline or some of the apparatus or works the subject of the licence.


"petroleum" means--

(a) any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state, or

(b) any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state, or

(c) any naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid state, and any one or more of the following, that is to say, hydrogen sulphide, nitrogen, helium and carbon dioxide,

and includes any petroleum as defined by paragraph (a), (b) or (c) that has been returned to a natural reservoir.


"pipeline" means a pipe or system of pipes for the conveyance of any substance, whether in a gaseous, liquid or solid state but does not include a pipe or system of pipes for the conveyance of petroleum within the adjacent area, as defined in the Petroleum (Offshore) Act 1982 .


"pipeline committee" means a committee appointed under section 5C.


"public authority" means--

(a) the Hunter Water Corporation, New South Wales Land and Housing Corporation, Rail Corporation New South Wales, Sydney Metro, Sydney Trains, NSW Trains, Residual Transport Corporation of New South Wales, Transport for NSW, State Transit Authority, Water NSW, Sydney Water Corporation or Water Administration Ministerial Corporation, or

(b) a council, county council or joint organisation within the meaning of the Local Government Act 1993 , or

(c) any body declared by the Minister, by order published in the Gazette, to be a public authority for the purposes of this Act.

"register" means the register referred to in section 41.


"registered holder" means the person whose name is for the time being shown in the register as being the holder of a licence.


"Secretary" means the Secretary of the Department.


"the relinquished area" means--

(a) in relation to a licence that has expired or been wholly cancelled--the licence area, and

(b) in relation to a licence that has been partly cancelled--the part of the licence area in which is situated the part of the pipeline or the apparatus or works as to which the licence was partly cancelled.

"wholly cancelled" , in relation to a licence, means cancelled as to the whole of the pipeline and all of the apparatus or works the subject of the licence.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(1A) In this Act--

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(2) A reference in this Act to a pipeline on any land includes a reference to a pipeline in, under, through, across or above the surface of the land.

(3) In this Act, a reference to the term of a licence is a reference to the period during which the licence remains in force and a reference to the date of expiration of a licence is a reference to the day on which the licence ceases to be in force.

(6) In this Act, a reference to a pipeline includes a reference to part of a pipeline.

(7) Unless the context or subject-matter otherwise indicates or requires, a reference in this Act--

(a) to a pipeline includes a reference to any apparatus or works constructed, installed or used or to be constructed, installed or used for purposes connected with or incidental to the operation of the pipeline, and

(b) to the construction of a pipeline includes a reference to the installation of any such apparatus or works.

(8) In this Act, a reference to a licence includes a reference to the licence as varied for the time being under this Act.

(9) Notes included in this Act are explanatory notes and do not form part of this Act.