Pipelines Regulation 2023

This regulation is the Pipelines Regulation 2023.

This regulation commences on 1 September 2023.

Note—

This regulation replaces the Pipelines Regulation 2013, which is repealed on 1 September 2023 by the Subordinate Legislation Act 1989, section 10(2).

In this regulation—

AS 2885 means AS/NZS 2885, Pipelines—Gas and liquid petroleum, published by Standards Australia as in force from time to time.

auditor, in relation to a licensee, means an auditor appointed under section 12 for the pipeline management system of a licensee’s pipeline.

cyber security direction—see section 38A(1),

examiner—see section 43C(1).

financial year means a year ending on 30 June.

hazardous event means an event that causes, or has the potential to cause, one or more of the following—

physical injury to a person,

damage to the health of a person,

damage to property or the environment.

licence operations property means property brought into a licence area or relinquished area by a person engaged or involved in the operations authorised by the licence.

licensee for a pipeline means the licensee for a pipeline operated under the licence.

person in charge of a pipeline—means the person appointed under section 24 for the pipeline.

pipeline management plan means written plans, policies and procedures that—

relate to a pipeline, and

describe, and form part of, the pipeline management system for the pipeline.

pipeline management system has the same meaning as in AS 2885.

pipeline signs—see section 40(1)(b).

the Act means the Pipelines Act 1967.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

In this regulation, a reference to a form is a reference to a form set out in Schedule 1.

An application for an authority to survey must be made by—

addressing the application to the Secretary, and

lodging the application at an office of the Department.

The land to which an application relates must be specified in a schedule to the application that—

lists the parcels of the land in a continuous geographical sequence, and

identifies each parcel of the land by—

the parish, county and local government area in which the land is situated, and

the folio identifier for the land, if any, in the Register kept under the Real Property Act 1900, and

identifies any part of the land that is—

reserved or dedicated under the Crown Land Management Act 2016, or

subject to an authority or mineral claim under the Mining Act 1992.

An application must be accompanied by maps that clearly show—

the land to which the application relates and the boundaries of each parcel of the land, and

the approximate route of the pipeline, and

the approximate location of proposed apparatus or works.

The maps must be—

cadastral maps published by—

Geoscience Australia, or

a New South Wales or Commonwealth government department or agency, or

if the cadastral maps are not available—a topographic map, or aerial photograph, of a standard approved by the Secretary.

An application must also be accompanied by—

for an application relating to exempt development—

evidence, in relation to the pipeline, that the proposed development is exempt development within the meaning of the Environmental Planning and Assessment Act 1979, and

evidence, in relation to the pipeline, that the applicant has notified impacted communities at least 7 days before lodging the application of the applicant’s intention to make the application, or

otherwise—evidence, in relation to the pipeline, that an application has been lodged—

under the Environmental Planning and Assessment Act 1979, section 4.12 or 5.15, or

under the Environmental Planning and Assessment Regulation 2021, section 173, or

under another kind of planning application process.

An application for a licence must be made by—

addressing the application to the Secretary, and

lodging the application at an office of the Department.

A relevant plan must be prepared—

in accordance with regulations made under the Conveyancing Act 1919, and

as if it were a deposited plan to be lodged by hand for registration in the office of the Registrar-General.

If easements are intended to be acquired—

the easements must be identified on the relevant plan, and

the easements must also identified on the panel on the plan sheet for the relevant plan by reference to the way in which the easements are identified on the relevant plan, and

a statement, in Form 1, must be included on the panel.

A relevant plan must be accompanied by an instrument—

in Form 2, and

that complies with the requirements of Schedule 2.

In this section—

relevant plan means a plan referred to in the following provisions of the Act—

section 13(1)(d),

section 13A(4)(a), (5)(a) or (6),

section 18(4)(a), (5)(a) or (6).

For the Act, section 13(1)(gb), an application in relation to land or easements available for compulsory acquisition under the Act, section 22(1)(d)(ii) must be accompanied by evidence that the applicant has taken all reasonable steps to enter into an agreement with the owner to acquire the land or easements.

For the Act, section 18(4)(db), an application for a variation of a licence, other than a minor variation, to include additional land or easements in the licence area, being land or easements available for compulsory acquisition under the Act, section 22(1)(d)(ii), must include evidence that the applicant has taken all reasonable steps to enter into an agreement with the owner to acquire the land or easements.

For the Act, section 13(4), a copy of the notification must be served on Transport for NSW no later than 7 days after the day on which the application for the licence is made.

For the Act, section 13A(8), a copy of the notification must be served on Transport for NSW no later than 7 days after the day on which the application for the variation is made.

For the Act, section 13B(3), a copy of the instrument must be served on Transport for NSW no later than 7 days after the day on which the instrument is served on the Minister.

For the Act section 18(8), a copy of the notification must be served on Transport for NSW.

For the Act, section 22(4)(a) and (c), reasonable steps include acting in a way that is reasonably consistent with the Pipelines Compulsory Acquisition Process Guidelines.

For the Act, section 22(4)(b), the Minister must consider—

whether the applicant has acted in a way consistent with the Pipelines Compulsory Acquisition Guidelines, and

other matters the Minister considers relevant.

In this section—

Pipelines Compulsory Acquisition Guidelines means the Pipelines Compulsory Acquisition Process Guidelines as published on the Department’s website from time to time.

Divisions 2–5 do not apply to a pipeline if the pipeline—

is a pipeline referred to in the Act, section 5(1)(d), and

is authorised by a licence.

The licensee for a pipeline must ensure the following are in accordance with the relevant provisions of the appropriate standard—

the design of the pipeline,

the construction of the pipeline,

the operation of the pipeline,

maintenance carried out on the pipeline.

Maximum penalty—

for a corporation—10,000 penalty units, or

for an individual—2,000 penalty units.

In this section—

appropriate standard means—

for pipelines for high-pressure gas and liquid petroleum—AS 2885, or

otherwise—

AS 2885, or

a standard approved for the licensee by the Secretary under section 10.

The Secretary may approve a standard for the purposes of section 9 for a licensee.

The approval may be given on the application of the licensee.

The Secretary may revoke an approval if the Secretary—

has given the licensee written notice about the proposed revocation, and

has specified a reasonably period for the licensee to make submissions about the proposed revocation, and

has considered any submission made during the period.

An approval or revocation takes effect—

when written notice of the approval or revocation is given to the licensee, or

if a later day is specified in the written notice—on the day specified.