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PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 403 Incidental activities

PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 403

Incidental activities

403 Incidental activities

(1) This section applies if, under section 401 , a pipeline licence holder has the right to construct or operate a pipeline.
(2) The holder may carry out an activity (an
"incidental activity" ) in the area of the licence if carrying out the activity is reasonably necessary for the construction or operation.
Examples of incidental activities—
1 constructing or operating plant or works, including, for example, bridges, powerlines, roads, trenches and tunnels
2 constructing or using temporary structures or structures of an industrial or technical nature, including, for example, mobile and temporary camps
3 removing vegetation for, or for the safety of, the pipeline construction or operation
Note—
See also chapter 5 (Common petroleum authority provisions) and section 20 (What are the
"conditions" of a petroleum authority).
(3) Also, the holder may carry out an activity (a
"stated pipeline licence incidental activity" ) in the area of the licence if—
(a) the activity is carried out on pipeline land concurrently with the construction or operation; and
(b) the activity is stated on the licence to be an incidental activity for this subsection that the holder of the licence is entitled to carry out under the licence; and
(c) the carrying out of the activity is reasonably necessary for, or incidental to, carrying out an authorised activity for a petroleum lease, a petroleum facility licence or another pipeline licence.
(4) However, constructing or using a structure, other than a temporary structure, for office or residential accommodation is not an incidental activity or a stated pipeline licence incidental activity.
Note—
For development generally, see the Planning Act 2016 , chapter 3 .