South Australian Current Acts

ENERGY RESOURCES ACT 2000 - SECT 55

55—Resumption of pipeline

        (1)         If a pipeline for which a licence was granted is not used for the transportation of a regulated substance for a continuous period of more than 3 years, the Minister may give written notice to all interested persons of intention to resume the pipeline and the pipeline land.

        (2)         The "interested persons" are—

            (a)         the holder (or former holder) of the pipeline licence; and

            (b)         the owner of, and other persons interested in, the pipeline and the related pipeline land.

        (3)         Before the Minister gives notice under subsection (1), the Minister must—

            (a)         invite all interested persons to make representations about the proposed resumption; and

            (b)         consider any representations made in response to the invitation.

        (4)         The notice of the intended resumption—

            (a)         may be given whether or not a pipeline licence remains in force for the pipeline (but if a licence is in force, the notice terminates the licence); and

            (b)         must be given to all interested persons.

        (5)         The owner of the pipeline may within 6 months after the notice is given take up and remove the pipeline and associated structures (wholly or in part) and restore the relevant land as far as practicable to its former condition.

        (6)         After the six month period has ended, the Minister may exercise either or both of the following powers:

            (a)         the Minister may, by written notice given to the owner of the pipeline, require the owner, within a reasonable time stated in the notice, to remove buildings, structures and fixtures associated with the pipeline and to restore the land, as far as practicable, to its former condition; and

            (b)         the Minister may, by notice published in the Gazette, vest the pipeline land and any buildings, structures and fixtures (including the pipeline) remaining on the land in the Crown.

        (7)         If the owner of the pipeline fails to comply with a notice under subsection (6)(a), the Minister may have the necessary work carried out and recover the cost of doing so from the owner.

        (8)         No compensation is payable for the divestiture of property under subsection (6)(b).

        (9)         If an easement is vested in the Crown under subsection (6)(b), the Minister may, by notice in the Gazette, surrender (and thus extinguish) the easement.