PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 428
Costs of pipeline works caused by public road construction
PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 428
Costs of pipeline works caused by public road construction
428 Costs of pipeline works caused by public road construction
(1) This
section applies if—
(a) a public road authority constructs, or changes, a
public road; and
(b) the road, or the road as changed, affects the safety,
location or operation of—
(i) a pipeline constructed, or operated, or
proposed to be constructed or operated; or
(ii) infrastructure constructed,
or operated, or proposed to be constructed or operated, in the carrying out of
a stated pipeline licence incidental activity; and
(c) because of the
effects, it is necessary for the holder of the pipeline licence for the
pipeline to carry out works relating to the pipeline or the infrastructure.
(2) The holder must bear the holder’s own costs of carrying out the works
if—
(a) the road existed before the pipeline or infrastructure was
constructed; or
(b) the road is constructed on an area that was dedicated to
public use as a road before the pipeline or infrastructure was constructed.
(3) Otherwise, the holder may recover from the authority as a debt any
reasonable costs the holder incurs in carrying out the works.
