Western Australian Current Acts

DAMPIER TO BUNBURY PIPELINE ACT 1997 - SECT 31

31 .         Assignment of certain rights of corporation

        (1)         The corporation is to prepare a schedule identifying the land on which any of the corporation’s DBNGP system that the corporation proposes to assign under Part 3 is located, and give the schedule to the DBNGP Land Access Minister.

        (2)         The land to be identified in the schedule —

            (a)         subject to paragraph (b), includes land in which the corporation holds an estate in fee simple; but

            (b)         does not include land if it could not reasonably be considered appropriate for that land to be in the DBNGP corridor.

        (3)         After giving the DBNGP Land Access Minister the schedule, the corporation may prepare and give to the DBNGP Land Access Minister an amendment to the schedule to include additional land, but the amendment can only be made before disposing of the corporation’s DBNGP system that is on that land.

        (4)         The DBNGP Land Access Minister is to cause notice to be published in the Gazette stating that —

            (a)         land identified in the schedule or included by the amendment becomes land in the DBNGP corridor at the beginning of the day on which the notice is published in the Gazette ; and

            (b)         the schedule or amendment is available for inspection as specified in the notice,

                and the statement under paragraph (a) has effect.

        (5)         When land becomes land in the DBNGP corridor —

            (a)         any right, title, or interest that the corporation has in or over the land, other than an estate in fee simple, passes to the DBNGP Land Access Minister;

            (b)         State corridor rights pass to the DBNGP Land Access Minister in any of the land in which the corporation holds an estate in fee simple and the estate in fee simple becomes subject to those rights; and

            (c)         rights as nearly as may be, consistently with this Act, equivalent to the rights that, under the Energy Operators (Powers) Act 1979 , the corporation had in respect of the land immediately before it became land in the DBNGP corridor are given to the DBNGP Land Access Minister.

        (6)         The rights, title, and interest pass to the DBNGP Land Access Minister from the corporation under this section even though —

            (a)         the DBNGP Land Access Minister is not a local authority in the sense in which that term is used in section 33A of the Land Acquisition and Public Works Act 1902 ³ ; and

            (b)         the DBNGP Land Access Minister does not own or operate a pipeline.

        (7)         For the purpose of correcting an omission from, or any error in, a schedule or an amendment that was given to the DBNGP Land Access Minister, the corporation may prepare and give to the DBNGP Land Access Minister a notice of correction, and the correction is to be noted on the schedule or amendment that it corrects and has effect from the time when the statement under subsection (4)(a) relating to the schedule or amendment has or had effect.

        (8)         The DBNGP Land Access Minister is to provide a copy of any notice under subsection (4), the schedule or amendment to which it relates, and any notice of correction under subsection (7), to —

            (a)         any relevant official having responsibility for a register relating to any of the affected land; and

            (b)         anyone requesting it who pays the prescribed fee.

        [Section 31 amended: No. 58 of 1999 s. 87.]