Energy Pipelines Regulations 2001

These Regulations may be cited as the Energy Pipelines Regulations

2001.

AS followed by a designation refers to the Australian Standard having that designation that is published by the Standards Association of Australia.

independent validator, in relation to a validation, means a person who has the necessary competence and ability, and access to data, in relation to the matters being validated, to arrive at an independent opinion on the matters.

Pipeline:

(b) includes equipment and systems that are related to a pipeline within the meaning of the Act.

pipeline management plan in force, in relation to a pipeline, means:

(a) a pipeline management plan for the pipeline submitted by or for the pipeline licensee and accepted under these Regulations; or

(b) if the pipeline management plan is accepted in part – that part of the pipeline management plan that is accepted,

as revised from time to time under these Regulations, but does not include a pipeline management plan for which the acceptance has been withdrawn.

pipeline management system description, in relation to a pipeline, means a description of the matters specified in regulation 29 in relation to the pipeline.

reportable incident means an incident that:

(a) results in significant damage to a pipeline (for example, by reducing the capacity of the pipeline to contain energy-producing hydro-carbons flowing through it);

(d) is likely to have a result of a kind mentioned in paragraph (a), (b) or (c); or

(e) is of kind that a reasonable pipeline licensee would consider to require immediate investigation.

significant pipeline accident event means an event that;

(a) is connected (whether immediately or after delay) with work carried out on, or in relation to, a pipeline; and

(b) causes, or creates a significant risk of causing, human deaths (for example, because of hydrocarbon releases).

validation has the meaning in regulation 3 and validate has a corresponding meaning.

(2) In these Regulations, a pipeline is to be taken to be decommissioned if:

(ii) for a period agreed between the Minister and pipeline licensee for the pipeline; or

(3) In these Regulations, Australian Standard means a standard for publication on behalf of the Council of the Standards Association of Australia, being the association of that name incorporated by Royal Charter.

(a) a reference to an Australian Standard or a part of an Australian Standard published on a date specified in these Regulations is to be read as a reference to the Australian Standard or the part of the Australian Standard, as the case requires, approved for publication on that date; and

(b) if an Australian Standard refers to another instrument, that instrument is to be taken to be incorporated with, and form part of, the Australian Standard.

Regulations is a statement in writing by an independent validator that:

An instrument of transfer referred to in section 46(3) of the Act is to be in accordance with Form 1 in Schedule 1.

For the purposes of section 5(2)(c) of the Act, a prescribed map is a map in an electronic format from the Australian Surveying and Land

Information Group.

For the purposes of section 13(2)(c) of the Act, a plan is to be drawn in an electronic format containing map grids and geographical co-ordinates in accordance with the Geocentric Datum of Australia established by the Intergovernmental Committee on Surveying and

Mapping.

(1) The licence fee payable under section 30(1) of the Act is the greater of the following:

A = B x C x D,

where:

A is the fee payable in dollars; and

B is the prescribed unit amount; and

C is the average internal diameter of the pipeline expressed in metres; and

D is the length of the pipeline expressed in metres.

(2) However, if the licence fee is payable in respect of a period any part of which is after 30 June 2000, the prescribed unit amount is increased by 10%, on and from 1 July 2000, in respect of the licence fee payable for the part after 30 June 2000.

(3) The additional amount payable as a result of the increase in the unit amount is the GST component.

(4) Although a licence fee in respect of a period after 30 June 2000 may have been paid, the additional amount of the GST component may be separately charged and is payable by the licensee within one month after the date the charge is made.

(5) In this regulation, GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.

For the purposes of sections 39(a), 64A and 66 of the Act, the position of a pipeline is to be marked by markers erected in accordance with AS 2885.1-1997.

The fee payable for the purposes of the Act in relation to a matter specified in Schedule 2 is the fee specified opposite the matter.

A pipeline licensee must not begin the construction of a pipeline under the licence unless the Minister has granted under this Division a consent to the construction.

Maximum penalty: If the offender is a natural person – 200 penalty units.

If the offender is a corporation – 1 000 penalty units.

A pipeline licensee may apply for a consent under this Division to construct a pipeline only if the licensee and Minister have agreed on:

(1) An application for a consent under this Division to construct a pipeline is to be lodged in writing with the Minister.

(2) An application may relate to all or some of the activities for designing and constructing the pipeline.

(b) an address of the applicant for communications on matters relating to the pipeline;

(c) a facsimile number, or electronic mail address, within Australia for the applicant.

(a) those parts of the pipeline management plan in force for the pipeline that provide for the activities to which the application relates; and