DAMPIER TO BUNBURY PIPELINE ACT 1997 - SECT 34
DAMPIER TO BUNBURY PIPELINE ACT 1997 - SECT 34
34 . Conferral of rights on pipeline operators
(1) The DBNGP Land
Access Minister may, in writing, confer on a person any right in respect of
land in the DBNGP corridor as the DBNGP Land Access Minister considers to be
appropriate —
(a) for
the purpose of —
(i)
having, constructing, or operating, on the DBNGP corridor
any pipeline for transporting gas; or
(ii)
enhancing any pipeline referred to in subparagraph (i);
or
(b) for
any incidental purpose.
(2) In subsection (1)
—
operate includes to maintain, test, or repair.
(3) Rights may be
conferred under this section with the intention that they be exercised by a
nominee of the holder and, whether or not they were conferred with that
intention, the rights may be exercised by a nominee of the holder approved by
the DBNGP Land Access Minister in writing.
(4) Approval under
subsection (3) may be given when the rights are conferred or later, and before
approving a nominee the DBNGP Land Access Minister is to be satisfied that
there are appropriate arrangements between the holder and the nominee.
(5) The rights that
may be conferred under this section include, so far as is appropriate, rights
similar to the rights that, before the commencement of Part 6 Division 2 of
the Gas Corporation (Business Disposal) Act 1999 , the corporation would have
had under the Energy Operators (Powers) Act 1979 in respect of land for the
purposes of a gas transmission pipeline of its own outside the DBNGP corridor.
(6) Rights conferred
under this section —
(a) are
not exclusive; and
(b) may
be exercised by any person acting on behalf of either the holder or the
holder’s nominee.
[Section 34 amended: No. 58 of 1999 s. 41, 71 and
87.]