Victorian Consolidated Legislation

Petroleum (Submerged Lands) Act 1982 - SECT 65

Grant or refusal of pipeline licence

65. Grant or refusal of pipeline licence



(1) Where a person makes an application in accordance with section 64 for a
pipeline licence in respect of the construction in the adjacent area of a
pipeline for the conveyance of petroleum recovered in a licence area, the
Minister may, if-

   (a)  that person is not the registered holder of the production licence for
        that licence area; and

   (b)  the application has not been rejected under section 64(3)-

inform the person, by instrument in writing served on the person, that the
Minister is prepared to grant the person a pipeline licence.

(2) Where an application for a pipeline licence in respect of the construction
in an adjacent area of a pipeline for the conveyance of petroleum recovered in
a licence area is made in accordance with section 64 by the registered holder
of the production licence for that licence area (the licensee), the Minister-

   (a)  must, if the conditions to which the production licence for that
        licence area is, or has from time to time been, subject and the
        provisions of this Part and of the regulations have been complied
        with; or

   (b)  may, if-

   (i)  any of the conditions to which the production licence for that licence
        area is, or has from time to time been, subject or any of the
        provisions of this Part and of the regulations has not been complied
        with; and

   (ii) the Minister is, nevertheless, satisfied that special circumstances
        exist that justify the granting of a pipeline licence- by instrument
        in writing served on the person who is then the registered holder of
        the production licence for that licence area (the licensee), inform
        the person that the Minister is prepared to grant to the person a
        pipeline licence.

(2A) If a person makes an application in accordance with section 64 for a
pipeline licence in respect of the construction in the adjacent area of a
pipeline for the conveyance of petroleum recovered from a place beyond the
outer limits of the adjacent area, the Minister may inform the person, by
instrument in writing served on the person, that the Minister is prepared to
grant the person a pipeline licence.

(3) Where an application for a pipeline licence in respect of the construction
in an adjacent area of a pipeline for the conveyance of petroleum recovered in
a licence area is made in accordance with section 64 by the registered holder
of the production licence for that licence area (the licensee), the Minister
must, if-

   (a)  any of the conditions to which the production licence is, or has from
        time to time been, subject or any of the provisions of this Part and
        of the regulations has not been complied with; and

   (b)  the Minister is not satisfied that special circumstances exist that
        justify the granting of a pipeline licence-

by instrument in writing served on the person who is then the registered
holder of the production licence for that licence area (the licensee), refuse
to grant a pipeline licence.

(4) The Minister shall not, under subsection (3), refuse to grant a pipeline
licence for the conveyance of petroleum recovered in a licence area to the
registered holder of the production licence for that licence area (the
licensee) unless-

   (a)  the Minister has, by instrument in writing served on the licensee,
        given not less than one month's notice of the Minister's intention to
        refuse to grant the pipeline licence;

   (b)  the Minister has served a copy of the instrument on such other
        persons, if any, as the Minister thinks fit;

   (c)  the Minister has, in the instrument-

   (i)  given particulars of the reasons for the intention; and

   (ii) specified a date on or before which the licensee or a person on whom a
        copy of the instrument is served may, by instrument in writing served
        on the Minister, submit any matters that the licensee or person wishes
        the Minister to consider; and

   (d)  the Minister has taken into account any matters so submitted to the
        Minister on or before the specified date by the licensee or by a
        person on whom a copy of the first-mentioned instrument has been
        served.

(5) Where a person other than the registered holder of the production licence
for a licence area or the pipeline operator under the Commonwealth Act or a
corresponding law makes an application in accordance with section 64 for a
pipeline licence in respect of the construction of a pipeline for the
conveyance of petroleum recovered in that licence area or, as the case may be,
a licence area of a production licence under the Commonwealth Act or a
corresponding law, the Minister may, by instrument in writing served on the
applicant, refuse to grant a pipeline licence.



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(7) An instrument under subsection (1), (2) or (2A)-

   (a)  shall specify the route to be followed by the pipeline;

   (b)  shall contain a summary of the conditions subject to which the
        pipeline licence is to be granted; and

   (c)  shall contain a statement to the effect that the application will
        lapse if the applicant does not make a request under subsection (9).

(8) The route to be specified in an instrument under subsection (1), (2) or
(2A) shall be-

   (a)  the route shown in the plan accompanying the application; or

   (b)  if the Minister is of the opinion that, for any reason, that route is
        not appropriate-a route that, in the opinion of the Minister, is
        appropriate.

(9) A person on whom there has been served an instrument under subsection (1),
(2) or (2A) may, within a period of three months after the date of service of
the instrument on the person, or within such further period, not exceeding
three months, as the Minister, on application in writing served on the person
before the expiration of the first-mentioned period of three months, allows,
by instrument in writing served on the Minister, request the Minister to grant
to the person the pipeline licence.

(10) Where a person on whom there has been served an instrument under
subsection (1), (2) or (2A) has made a request under subsection (9) within the
period applicable under subsection (9), the Minister shall grant to that
person a licence to construct and operate a pipeline in respect of the
pipeline specified in the instrument.

(11) If a person on whom there has been served an instrument under subsection
(1), (2) or (2A) has not made a request under subsection (9) within the period
applicable under subsection (9), the application lapses upon the expiration of
that period.



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(13) In this section, pipeline operator under the Commonwealth Act or a
corresponding law means a person who is entitled under the Commonwealth Act or
a corresponding law to carry on operations for the recovery of petroleum in an
area outside the adjacent area and who the Minister is satisfied is or will be
entitled to construct a pipeline from the first-mentioned area to the boundary
of the adjacent area.