Western Australian Current Acts Western Australian Current Acts (1) Where a person
makes an application in accordance with section 64, the Minister —
(a) may,
if that person is not the licensee and the application has not been rejected
under section 64(3); or
(b)
shall, if the application is by a pipeline operator under the Commonwealth Act
or a corresponding law,
inform the applicant,
by instrument in writing served on the applicant, that the Minister is
prepared to grant a pipeline licence to the applicant.
(2) Where an
application for a pipeline licence in respect of the construction in the
adjacent area of a pipeline for the conveyance of petroleum recovered in a
licence area in respect of which the applicant is the licensee is made in
accordance with section 64 by the licensee, the Minister —
(a)
shall, if the conditions to which the licence is, or has from time to time
been, subject and the provisions of this Part and of the regulations have been
complied with; or
(b) may,
if —
(i)
any of the conditions to which the licence is, or has
from time to time been, subject of any of the provisions of this Part and of
the regulations has not been complied with; and
(ii)
the Minister is, nevertheless, satisfied that special
circumstances exist that justify the granting of a pipeline licence,
by instrument in
writing served on the person who is then the licensee inform the person that
the Minister is prepared to grant to the person a pipeline licence.
(3) Where an
application for a pipeline licence in respect of the construction in the
adjacent area of a pipeline for the conveyance of petroleum recovered in a
licence area in respect of which the applicant is the licensee is made in
accordance with section 64 by the licensee, the Minister shall, if —
(a) any
of the conditions to which the pipeline licence is, or has from time to time
been, subject or any of the provisions of this Part and the regulations has
not been complied with; and
(b) the
Minister is not satisfied that special circumstances exist that justify the
granting of the pipeline licence,
by instrument in
writing served on the person who is then the licensee, refuse to grant the
pipeline licence.
(4) The Minister shall
not, under subsection (3), refuse to grant a pipeline licence to a licensee
unless —
(a) he
has, by instrument in writing served on the licensee, given not less than one
month’s notice of his intention to refuse to grant the pipeline licence;
and
(b) he
has served a copy of the instrument on such other persons, if any, as he
thinks fit; and
(c) he
has, in the instrument —
(i)
given particulars of the reasons for the intention; and
(ii)
specified a date on or before which the licensee or a
person on whom a copy of the instrument is served may, by instrument in
writing served on the Minister, submit any matters that he wishes the Minister
to consider;
and
(d) he
has taken into account any matters so submitted to him on or before the
specified date by the licensee or by a person on whom a copy of the
first-mentioned instrument has been served.
(5) Where a person
other than the licensee or the pipeline operator under the Commonwealth Act or
a corresponding law makes an application in accordance with section 64 for a
pipeline licence in respect of the construction of a pipeline for the
conveyance of petroleum recovered in a licence area or, as the case may be,
the licence area of a production licence under the Commonwealth Act or a
corresponding law, the Minister may, by instrument in writing served on the
applicant, refuse to grant a pipeline licence.
[(6) deleted]
(7) An instrument
under subsection (1) or (2) —
(a)
shall specify the route to be followed by the pipeline; and
(b)
shall contain a summary of the conditions subject to which the pipeline
licence is to be granted; and
(c)
shall contain a statement to the effect that the application will lapse if the
applicant does not make a request under subsection (9).
(8) The route to be
specified in an instrument under subsection (1) or (2) shall be —
(a) the
route shown in the plan accompanying the application; or
(b) if
the Minister is of the opinion that, for any reason, that route is not
appropriate, a route that, in the opinion of the Minister, is appropriate.
(9) A person on whom
there has been served an instrument under subsection (1) or (2) may, within a
period of 3 months after the date of service of the instrument on him, or
within such further period, not exceeding 3 months, as the Minister, on
application in writing served on him before the expiration of the
first-mentioned period of 3 months, allows, by instrument in writing served on
the Minister, request the Minister to grant to him the pipeline licence.
(10) Where a person on
whom there has been served an instrument under subsection (1) or (2) has made
a request under subsection (9) within the period applicable under subsection
(9), the Minister shall grant to that person a licence to construct and
operate a pipeline in respect of the pipeline specified in the instrument.
(11) Where a person on
whom there has been served an instrument under subsection (1) or (2) has not
made a request under subsection (9) within the period applicable under
subsection (9), the application lapses upon the expiration of that period.
[(12) deleted]
(13) In this section,
pipeline operator under the Commonwealth Act or a corresponding law means a
person who is entitled under the Commonwealth Act or a corresponding law to
carry on operations for the recovery of petroleum in an area outside the
adjacent area and who the Minister is satisfied is or will be entitled to
construct a pipeline from the first-mentioned area to the boundary of the
adjacent area.
[Section 65 amended: No. 12 of 1990 s. 193; No. 28
of 1994 s. 100; No. 42 of 2010 s. 118.]