Northern Territory Numbered Acts Northern Territory Numbered ActsSection 111
repeal, insert
(1) Subject to this section, a permittee or licensee must not:
(a) carry out operations, which would otherwise be permitted under this Act, on land that is:
(i) used as, or within 50 m of land being used as, a residence, yard, garden, orchard or cultivated field; or
(ii) used as, or within 200 m of land being used as, a cemetery; or
(iii) within a distance of 200 m of any artificial accumulation of water or any outlet from which water may be obtained; and
(b) construct a well, wellhead, pipeline or petroleum processing facility, which would otherwise be permitted under this Act, on land that is used as, or within 2 km of land being used as, a habitable dwelling; and
(c) construct a well or well pad, which would otherwise be permitted under this Act, on land that is within 1 km of a designated bore.
(2) The permittee or licensee may carry out operations on land mentioned in subsection (1)(a)(i) or (iii) with the written approval of:
(a) the owner of the land or, if the occupier of the land has, in the land, an interest registered on the Register kept by the Registrar-General under Part 3 of the Land Title Act 2000 , the occupier; and
(b) any registered native title bodies corporate, or registered native title claimants, in relation to the land.
(3) The permittee or licensee may carry out construction of a well or well pad on land mentioned in subsection (1)(c) with the written approval of:
(a) the owner of the land or, if the occupier of the land has, in the land, an interest registered on the Register kept by the Registrar-General under Part 3 of the Land Title Act 2000 , the occupier; and
(b) any registered native title bodies corporate, or registered native title claimants, in relation to the land; and
(c) the owner of the designated bore.
(4) If the cemetery is a public cemetery, the permittee or licensee may carry out operations on land mentioned in subsection (1)(a)(ii) with the written approval of the Board of Trustees of the cemetery.
(5) In this section:
"cemetery", see section 4 of the Cemeteries Act 1952 .
"designated bore", see section 60A(3) of the Water Act 1992 .
"habitable dwelling" means:
(a) a building in which people reside or work; or
(b) a school, including a playground associated with a school; or
(c) a permanent sporting facility; or
(d) a hospital or other type of community medical facility.
"owner", of a designated bore, see section 60A(3) of the Water Act 1992 .
"petroleum processing facility" means a temporary or permanent facility for the processing or storage of petroleum.
"pipeline" means a pipeline constructed or to be constructed for a purpose mentioned in section 4(1)(e)(i) to (iv) of the Energy Pipelines Act 1981 .
"public cemetery", see section 4 of the Cemeteries Act 1952 .