Pipelines Act 2005

If a public authority has refused to grant a lease, easement, licence or authority to a licensee under section 87 in respect of land vested in the public authority, the licensee may apply to the Minister for the grant of an authority over that land under this section.

Before granting an authority under this section, the Minister must—

be satisfied that the licensee has taken all reasonable steps to reach agreement with the public authority; and

consult with the public authority and the Minister responsible for the public authority.

If the Minister thinks it is appropriate to do so, the Minister may grant to the licensee any authority over the land vested in the public authority that is necessary or expedient to enable the licensee to carry out a pipeline operation on or under that land.

An authority under subsection (3) may be granted on any terms and conditions determined by the Minister.

An authority cannot be granted under this section in respect of—

wilderness Crown land; or

land that is part of a park within the meaning of the National Parks Act 1975 or land that is managed under that Act; or

land that is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993.

This section applies despite anything to the contrary in any other Act.