Pipelines Act 1967 No 90
Current version for 1 November 2011 to date (accessed 26 November 2014 at 12:27)
Part 5

Part 5 Miscellaneous

55   (Repealed)

56   Notice of grants of licences etc to be publicised

The Minister is to cause to be published in the Gazette such particulars as the Minister thinks fit of the grant, variation, surrender or expiration of a licence or the variation of a licence area.

57   Judicial notice

All courts and tribunals shall take judicial notice of the signature of a person who is, or has been, the Minister, or the Director-General and of the fact that that person is, or has been, the Minister or the Director-General, as the case may be.

58   Service

(1)  A document required by this Act to be served on a person other than a Minister or a corporation shall be served:
(a)  by delivering the document to that person personally,
(b)  by prepaying and posting, by certified mail, the document addressed to that person at his or her last known place of abode or business or, if he or she is carrying on business at two or more places, at one of those places,
(c)  by leaving the document at the last known place of abode of that person with some person apparently an inmate of that place and apparently not less than sixteen years of age,
(d)  by leaving it at the last known place of business of that person or, if he or she is carrying on business at two or more places, at one of those places with some person apparently in the service of that person and apparently not less than sixteen years of age, or
(e)  where service cannot be effected in the manner specified in paragraph (a), (b), (c) or (d), by attaching the document to the place of residence of, or to some other conspicuous object on the land of which the person to be served is, the owner or occupier.
(2)  A document required by this Act to be served on any Minister shall be served by prepaying and posting, by certified mail, the document addressed to that Minister at such place as the Minister, by an instrument published in the Gazette, specifies.
(3)  A document required by this Act to be served on a person, being a corporation, shall be served:
(a)  by prepaying and posting the document addressed to the corporation at its last known place of business or, if it is carrying on business at two or more places, at one of those places, or
(b)  by leaving it at that place, or at one of those places, with some person apparently in the service of the corporation and apparently not less than sixteen years of age.
(4)  Where a document required by this Act to be served is posted in accordance with this section, service shall, unless the contrary is proved, be deemed to have been effected at the time at which the document would have been delivered in the ordinary course of post.

58A   Directions by the Minister

(1)  The Minister may direct a public authority or person having functions under this Act to exercise those functions at or within such times as are specified in the direction.
(2)  A public authority or person to whom a direction is given under subsection (1) shall comply, and is hereby empowered to comply, with the direction in accordance with the terms of the direction.
(3)  Before giving a direction under subsection (1), the Minister shall consult with the responsible Minister concerned.

59   Inspectors

(1)  The Minister may, by instrument in writing, appoint a person to be an inspector for the purposes of this Act and the regulations.
(2)  The Minister may furnish to an inspector a certificate stating that he or she is an inspector for the purposes of this Act and the regulations.
(3)  Where the appointment of a person under this section expires or is revoked, that person shall forthwith surrender the certificate furnished to him or her under this section to the Minister or, if the Minister, by instrument in writing served on that person, specifies another person to whom the certificate is to be surrendered, to that other person.

Maximum penalty: 2 penalty units.

60   Powers of inspectors

(1)  For the purposes of this Act and the regulations, an inspector, at all reasonable times and on production of the certificate furnished to him or her under section 59:
(a)  may enter any lands in respect of which an authority to survey is in force or any licence area,
(b)  may inspect and test any pipeline or any apparatus or works,
(c)  may take samples of any substance being conveyed by a pipeline, and
(d)  may require a holder of an authority to survey or a licensee, or any other person who has the custody of any books, records, documents, maps or plans relating to a pipeline or proposed pipeline or to any apparatus or works or any proposed apparatus or works to produce to him or her those books, records, documents, maps or plans and may inspect, take extracts from and make copies of any of those books, records, documents, maps or plans.
(2)  A person who is the occupier or person in charge of any building, structure or place shall provide an inspector with all reasonable facilities and assistance for the effective exercise of his or her powers under this section.
(3)  A person shall not, without reasonable excuse, obstruct or hinder an inspector in the exercise of his or her powers under this section.

Maximum penalty: 10 penalty units.

60A   Stop notices

(1)  Where an inspector believes, on reasonable grounds, that a person is carrying out or is about to carry out, within a licence area, an activity that is damaging or is likely to damage any pipeline or any apparatus or works, the inspector may, by notice in writing served on the person, prohibit the person from carrying out the activity.
(2)  A notice served pursuant to subsection (1) shall cease to have effect after the expiration of 14 days from the date on which it was issued unless within that period the Director-General has, pursuant to subsection (3):
(a)  confirmed or varied the terms of the notice, or
(b)  revoked the notice.
(3)  The Director-General may, at any time, by a further notice in writing served on the person on whom a notice has been served pursuant to subsection (1), confirm or vary the terms of, or revoke, the lastmentioned notice.
(4)  A person on whom a notice has been served pursuant to subsection (1) shall not carry out any activity in contravention of the terms of the notice.

Maximum penalty: (subsection (4)): 40 penalty units in the case of a corporation and 20 penalty units in any other case.

60B   Appeals to Land and Environment Court against stop notices

(1)  Any person whose interests are affected by a notice under section 60A (1) that has been confirmed or varied pursuant to section 60A (3) may appeal to the Land and Environment Court against the notice.
(2)  The Land and Environment Court shall hear and dispose of an appeal made to it under subsection (1).

60C   Inspectors not liable for certain acts etc

An inspector is not personally liable for any act or omission done or omitted to be done by the inspector in good faith in the exercise of the powers conferred or imposed on the inspector by or under this Act.

61   Creation of easements in favour of licensees

(1)  It shall be lawful to create in a form approved by the Minister, as an easement in favour of a licensee, rights in, on, over, across or through any land for the purpose of the construction and use of a pipeline or for any purpose incidental to any of those purposes.
(2)  The provisions of section 88A of the Conveyancing Act 1919 apply to and in respect of easements in favour of a licensee in the same manner as they apply to easements in favour of the Crown or of any public or local authority constituted by Act of Parliament. Section 88A (1B) of the Conveyancing Act 1919 does not apply to any such easement in favour of a licensee.

62   (Repealed)

63   Theft of substances from pipelines

A person who intentionally or fraudulently abstracts, causes to be wasted or diverted, consumes or uses any substance being conveyed by means of a pipeline shall be guilty of simple larceny and punishable accordingly.

64   Damaging etc pipelines etc

A person who unlawfully damages a pipeline or interferes with the operation of a pipeline shall be liable:
(a)  upon conviction before a Magistrate sitting alone as a court of summary jurisdiction to a penalty not exceeding 20 penalty units or to imprisonment for a period not exceeding one year or to both such penalty and imprisonment, or
(b)  upon conviction on indictment to imprisonment for a period not exceeding five years.

65   Continuing offences

(1)  Where an offence is committed by a person by reason of his or her failure to comply, within the period specified in a direction given to him or her under this Act or the regulations, with the requirements specified in the direction, the offence, for the purposes of subsection (3), shall be deemed to continue so long as any requirement specified in the direction remains undone, notwithstanding that the period has elapsed.
(2)  Where an offence is committed by a person by reason of his or her failure to comply with a provision of this Act or the regulations, the offence, for the purposes of subsection (3), shall be deemed to continue so long as that failure continues, notwithstanding that any period within which the act was required to be done has elapsed.
(3)  Where, under either subsection (1) or (2), an offence is deemed to continue, the person who committed the offence commits an additional offence against this Act on each day during which the offence is deemed to continue and is liable, upon conviction for such an additional offence, to a fine not exceeding 40 penalty units.

66   (Repealed)

67   Proceedings for offences

Proceedings for offences against this Act or the regulations may be taken before a Magistrate sitting alone as a court of summary jurisdiction or, where the offence is an offence to which section 68 applies, before such a Magistrate or before the Supreme Court in its summary jurisdiction.

68   Prosecution of offences

(1)  The offences to which this section applies are offences against this Act:
(a)  punishable by a maximum fine exceeding 20 penalty units, or
(b)  punishable by a fine for each day on which the offence occurs.
(2)  If proceedings in respect of an offence to which this section applies are brought in a court of summary jurisdiction, the maximum fine that the court may impose in respect of the offence is 20 penalty units.
(3)  The Attorney-General or a person acting with his or her authority or consent may bring proceedings in the Supreme Court in its summary jurisdiction in respect of an offence to which this section applies.
(4)  If proceedings in respect of an offence to which this section applies are brought in the Supreme Court in its summary jurisdiction, the Supreme Court may impose a fine not exceeding the maximum fine provided by this Act or the regulations in respect of the offence.

69   Regulations

(1)  The Governor may make regulations for or with respect to:
(a)  the construction, maintenance and operation of pipelines (including the circumstances under which pipelines shall cease to be operated),
(b)  the inspection of pipelines,
(c)  the keeping of registers under this Act,
(d)  the escape of substances from a pipeline,
(e)  the prevention of damage to any land used for the construction or operation of pipelines,
(e1)  the carrying out of surveys for the purposes of this Act,
(e2)  particulars to be included in a notification under this Act,
(f)  all matters that by this Act are required or permitted to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2)  The regulations may provide, in respect of an offence against the regulations, for the imposition of:
(a)  a fine not exceeding 10 penalty units, or
(b)  a fine not exceeding that amount for each day on which the offence occurs.
(3)  A provision of a regulation may:
(a)  apply generally or be limited in its application by reference to specified exceptions or factors,
(b)  apply differently according to different factors of a specified kind,
(c)  authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body, or
(d)  apply, adopt or incorporate any publication or provision of a publication of Standards Australia with respect to pipeline design, construction, operation, testing or maintenance, either as in force as at a particular day or as in force for the time being,
or may do any combination of those things.
(4)  (Repealed)

70   Savings, transitional and other provisions

Schedule 1 has effect.
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