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This is a Bill, not an Act. For current law, see the Acts databases.
Clause Page
Pipelines (Amendment) Act 1996
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Principal Act 1
3. Commencement 1
4. Definition 2
5. New section 3A inserted 2
3A. Expressions in Native Title Act 2
6. New section 12AB inserted 2
12AB. Provisions applicable before permit granted 2
7. Amendment of section 20 4
8. Amendment of section 21 4
9. New sections 22, 22A, 22B and 22C substituted 4
22. Availability of certain land and interests for compulsory
acquisition 4
22A. Notice of grant of permit and compulsory acquisition 6
22B. Land Acquisition and Compensation Act 1986 7
22C. Requests for non-monetary compensation 8
10. Transitional 8
NOTES 10
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s. 3
A BILL
to amend the Pipelines Act 1967 and for other purposes.
Pipelines (Amendment) Act 1996
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to make provision for
the acquisition of easements for pipelines having
regard to native title interests.
5
2. Principal Act
No. 7541. In this Act, the Pipelines Act 1967 is called the
Reprinted to
Principal Act.
No. 52/1994.
3. Commencement
10
This Act comes into operation on the day on
which it receives the Royal Assent.
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4. Definition
In section 3 of the Principal Act, after the
definition of "prescribed" insert--
' "private land" does not include--
(a) land that is subject to native title rights
5
and interests; or
(b) Crown land;'.
5. New section 3A inserted
After section 3 of the Principal Act insert--
'3A. Expressions in Native Title Act
10
(1) In this Act, the expressions "just terms",
"native title", "native title rights and
interests", "registered native title body
corporate" and "registered native title
claimant" have the same respective
15
meanings as they have in the Native Title
Act 1993 of the Commonwealth.
(2) In this Act, "right to negotiate provisions"
in relation to the Native Title Act 1993 of the
Commonwealth means subdivision B of
20
Division 3 of Part 2 of that Act.'.
6. New section 12AB inserted
After section 12A of the Principal Act insert--
"12AB. Provisions applicable before permit granted
(1) If the proposed route or authorised route of a
25
pipeline to which an application under
section 12 or 12A relates is--
(a) on private land (other than land in
which any necessary interests have
been acquired by agreement with the
30
owner); or
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(b) on land over which native title rights
and interests may exist (other than land
over which any necessary interests have
been acquired by agreement with the
registered native title body corporate or
5
registered native title claimant)--
the Minister must not grant the application,
or vary or alter the proposed route or
authorised route, unless the Minister is
satisfied--
10
(c) that the land is, or interests in the land
are, available, in accordance with
section 22, for compulsory acquisition;
and
(d) that the applicant has made provision,
15
or given security, to the satisfaction of
the Minister, for the payment--
(i) of compensation and interest
payable in respect of that land or
those interests; and
20
(ii) of all charges and expenses
necessary for or incidental to the
compulsory acquisition of that
land or those interests.
(2) Compensation, interest, charges and
25
expenses referred to in sub-section (1)(d) are
payable by the applicant.".
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7. Amendment of section 20
(1) In section 20 of the Principal Act, before
"Notwithstanding" insert "(1)".
(2) At the end of section 20 of the Principal Act
insert--
5
"(2) Sub-section (1) does not authorise the
granting of a lease, easement, licence or
other authority over or in respect of native
title rights or interests.".
8. Amendment of section 21
10
In section 21 of the Principal Act, for the passage
beginning "referred to in the last preceding
section" and ending at the end of the section,
substitute "referred to in section 20 of or over any
land vested in the corporation that is necessary or
15
expedient to enable the permittee to construct any
part of the authorised pipeline through or over the
land and to operate, inspect, maintain and repair
any part of the pipeline.".
9. New sections 22, 22A, 22B and 22C substituted
20
For section 22 of the Principal Act substitute--
"22. Availability of certain land and interests for
compulsory acquisition
(1) For the purposes of section 12AB, land or
interests in land are available for compulsory
25
acquisition if the Minister has given notices
in accordance with sub-sections (2) and (3)
at least 2 months before the grant of the
permit or the variation or alteration.
(2) The notices under this sub-section are
30
notices in or to the effect of a form approved
by the Minister and delivered to or served
on--
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(a) the owner of the land; and
(b) in the case of interests in Crown land
that is subject to a lease or licence, the
lessee or licensee of the Crown land;
and
5
(c) if there is, in respect of the land, a
registered native title body corporate or
registered native title claimant, each
such body corporate or claimant--
stating that if--
10
(d) the application for a permit, or for a
variation or alteration in the proposed
route or authorised route of a pipeline,
as the case requires, is granted; and
(e) notice is published in accordance with
15
section 22A--
the land, or interests in the land, will be
compulsorily acquired by the Minister and
vested in the permittee.
(3) The notice under this sub-section is a notice
20
in or to the effect of a form approved by the
Minister and published in the Government
Gazette and in a newspaper circulating
generally in the State stating that if--
(a) the application for a permit, or for a
25
variation or alteration in the proposed
route or authorised route of a pipeline,
as the case requires, is granted; and
(b) notice is published in accordance with
section 22A--
30
the land, or interests in the land, will be
compulsorily acquired by the Minister and
vested in the permittee.
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22A. Notice of grant of permit and compulsory
acquisition
If the Minister grants a permit, or varies or
alters the authorised route of a pipeline, the
Minister must, as soon as practicable, cause
5
to be published in the Government Gazette
notice of the grant, variation or alteration
and--
(a) if land, other than private land, or an
interest in land, other than private land,
10
is to be acquired--
(i) notice that, if the Minister is
satisfied--
(A) that the right to negotiate
provisions of the Native Title
15
Act 1993 of the
Commonwealth have been
applied; and
(B) that all acts (within the
meaning of section 226 of
20
that Act) in relation to the
compulsory acquisition are
valid acts within the meaning
of section 28 of that Act --
the land or interests in land will be
25
compulsorily acquired by the
Minister and, by force of that
acquisition, will vest in the
permittee in accordance with the
Land Acquisition and
30
Compensation Act 1986; and
(ii) if the Minister is satisfied as to the
matters referred to in paragraph
(a), notice declaring the land or
interests to be acquired; and
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(b) if private land, or an interest in private
land, is to be acquired, notice declaring
that the land or interests are
compulsorily acquired and by force of
this acquisition, vest in the permittee in
5
accordance with the Land Acquisition
and Compensation Act 1986.
22B. Land Acquisition and Compensation Act
1986
(1) If land or interests in land are compulsorily
10
acquired under section 22A, the Land
Acquisition and Compensation Act 1986
applies to the determination and payment of
compensation as if the vesting were effected
by a notice of acquisition under that Act and,
15
for that purpose--
(a) the Pipelines Act 1967 is the special
Act; and
(b) the permittee is the Authority.
(2) Despite sub-section (1), if, in relation to the
20
vesting of land, or interests in land, subject
to native title rights or interests, the right to
negotiate provisions of the Native Title Act
1993 of the Commonwealth have applied,
provisions of the Land Acquisition and
25
Compensation Act 1986 that provide for
similar processes do not apply except to the
extent that the parties otherwise agree in
writing.
(3) If the compensation payable to a person in
30
respect of the compulsory acquisition of
land, or interests in land over which native
title rights and interests may exist and to
which this section applies does not amount
to
35
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compensation on just terms, the person is
entitled to such additional compensation as is
necessary to ensure that compensation is
paid on just terms.
(4) Compensation payable in respect of the
5
compulsory acquisition of land or interests to
which this section applies is payable by the
permittee.
22C. Requests for non-monetary compensationi
(1) If, during negotiations in relation to an
10
application under this Part, a person who
may be entitled to compensation requests
that the whole or part of the compensation be
in a form other than money, the person or
persons involved in the negotiations--
15
(a) must consider the request; and
(b) must negotiate in good faith in relation
to the request.
(2) The transfer of property or the provision of
goods and services are examples of
20
compensation in a form other than money.".
10. Transitional
The Principal Act, as amended by this Act
applies--
(a) to an application made under the Principal
25
Act, whether before or after the
commencement of this section; and
(b) to the grant of a permit under the Principal
Act, whether the application for the permit
was made before or after that
30
commencement; and
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(c) to the alteration or variation of the authorised
route of a pipeline, whether the application
for the alteration or variation was made
before or after that commencement.
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Notes
Act No.
NOTES
i
Compare section 79 of Native Title Act 1993 of the Commonwealth.
By Authority. Government Printer for the State of Victoria.
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