Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Petroleum Pipelines
Act 1969 and includes the amendments made by the other written laws
referred to in the following table 1a, 8, 9, 10,
16. The table also contains information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
112 of 1969 |
28 Nov 1969 |
12 Dec 1969 (see s. 2 and Gazette
12 Dec 1969 p. 4002) |
|
|
Petroleum Pipelines Act Amendment
Act 1970 |
42 of 1970 |
23 Sep 1970 |
23 Sep 1970 |
|
94 of 1972 (as amended by No. 42 of 1975
s. 3) |
4 Dec 1972 |
Relevant amendments (see Fourth Sch.11) took
effect on 28 Nov 1975 (see s. 4(2) and Gazette
28 Nov 1975 p. 4352) |
|
|
Petroleum Pipelines Amendment
Act 1983 |
10 of 1983 |
7 Oct 1983 |
11 Nov 1983 (see s. 2 and Gazette
11 Nov 1983 p. 4503) |
|
Acts Amendment (Petroleum) Act 1990
Pt. III 2, 4, 5, 12 |
12 of 1990 |
31 Jul 1990 |
s. 132: 12 Dec 1969
(see s. 2(2)); |
|
Reprint of the Petroleum Pipelines Act 1969
as at 19 Feb 1992 (includes amendments listed
above) |
|||
|
Land (Titles and Traditional Usage) Act 1993
s. 45 |
21 of 1993 |
2 Dec 1993 |
2 Dec 1993 (see s. 2) |
|
Acts Amendment (Petroleum) Act 1994
Pt. 4 |
28 of 1994 |
29 Jun 1994 |
22 Jul 1994 (see s. 2 and Gazette
22 Jul 1994 p. 3728) |
|
Statutes (Repeals and Minor Amendments) Act 1994
s. 4 |
73 of 1994 |
9 Dec 1994 |
9 Dec 1994 (see s. 2) |
|
Acts Amendment and Repeal (Native Title) Act 1995
Pt. 9 |
52 of 1995 |
24 Nov 1995 |
9 Dec 1995 (see s. 2 and Gazette
8 Dec 1995 p. 5935) |
|
Local Government (Consequential Amendments) Act 1996
s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Acts Amendment (Land Administration) Act 1997
Pt. 50 and s. 141 and 142 |
31 of 1997 |
3 Oct 1997 |
30 Mar 1998 (see s. 2 and Gazette
27 Mar 1998 p. 1765) |
|
Gas Pipelines Access (Western Australia)
Act 1998 Sch. 3 Div. 9 |
65 of 1998 |
15 Jan 1999 |
9 Feb 1999 (see s. 2 and Gazette
8 Feb 1999 p. 441) |
|
Energy Coordination Amendment Act 1999
s. 10(5) |
20 of 1999 |
24 Jun 1999 |
16 Oct 1999 (see s. 2 and Gazette
15 Oct 1999 p. 4865) |
|
Reprint of the Petroleum Pipelines Act 1969
as at 12 May 2000 (includes amendments listed
above) |
|||
|
Corporations (Consequential Amendments) Act
(No. 2) 2003 Pt. 16 |
20 of 2003 |
23 Apr 2003 |
15 Jul 2001 (see s. 2(1) and Cwlth
Gazette 13 Jul 2001 No. S285) |
|
Criminal Code Amendment Act 2004
s. 58 |
4 of 2004 |
23 Apr 2004 |
21 May 2004 (see s. 2) |
|
7 of 2004 |
10 Jun 2004 |
1 Mar 2008 (see s. 2 and Gazette
29 Feb 2008 p. 669) |
|
|
State Administrative Tribunal (Conferral of Jurisdiction)
Amendment and Repeal Act 2004 Pt. 2
Div. 99 13 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7130) |
|
Petroleum Legislation Amendment and Repeal
Act 2005 Pt. 3 (other than s. 29(2)) |
13 of 2005 |
1 Sep 2005 |
15 May 2010 (see s. 2 and Gazette
14 May 2010 p. 2015) |
|
Planning and Development (Consequential and Transitional
Provisions) Act 2005 s. 15 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2(2) and Gazette
21 Mar 2006 p. 1078) |
|
Reprint 3: The Petroleum Pipelines Act 1969
as at 7 Jul 2006 (includes amendments listed above, except those
in the Dangerous Goods Safety Act 2004 and the Petroleum
Legislation Amendment and Repeal Act 2005) |
|||
|
Petroleum Amendment Act 2007 s.
102 |
35 of 2007 |
21 Dec 2007 |
15 May 2010 7 |
|
16 of 2009 |
1 Sep 2009 |
1 Jan 2010 (see s. 2(b) and Gazette
31 Dec 2009 p. 5327 |
|
|
Approvals and Related Reforms (No. 3) (Crown Land)
Act 2010 Pt. 7 |
8 of 2010 |
3 Jun 2010 |
18 Sep 2010 (see s. 2(b) and Gazette
17 Sep 2010 p. 4757) |
|
Reprint 4: The Petroleum Pipelines Act 1969
as at 1 Oct 2010 (includes amendments listed
above) |
|||
|
Petroleum and Energy Legislation Amendment
Act 2010 Pt. 4 |
42 of 2010 |
28 Oct 2010 |
25 May 2011 (see s. 2(b) and Gazette
24 May 2011 p. 1892) |
|
Personal Property Securities (Consequential Repeals and
Amendments) Act 2011 Pt. 9 Div. 4 |
42 of 2011 |
4 Oct 2011 |
30 Jan 2012 (see s. 2(c) and Cwlth
Legislative Instrument No. F2011L02397 cl. 5 registered 21 Nov
2011) |
|
Statutes (Repeals and Minor Amendments) Act 2011
s. 15 and 16 |
47 of 2011 |
25 Oct 2011 |
26 Oct 2011 (see s. 2(b)) |
1a On the date as at which this compilation was prepared,
provisions referred to in the following table had not come into operation and
were therefore not included in this compilation. For the text of the provisions
see the endnotes referred to in the table.
Provisions that have not come
into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
60 of 1999 |
10 Jan 2000 |
Operative on earliest of commencement of Pt. 2 (except
s. 2.2), Pt. 3 (except s. 3.1)
and Pt. 4 |
|
|
Petroleum Legislation Amendment and Repeal
Act 2005 s. 29(2) 15 |
13 of 2005 |
1 Sep 2005 |
To be proclaimed (see s. 2) |
2 The Acts Amendment (Petroleum) Act 1990
s. 122(2) reads as follows:
(2) A declaration made under —
(a) section 5(1)(a) of the principal Act before its repeal and
substitution by this section and in force immediately before the commencement of
this section shall on that commencement be deemed to have been made under
section 5(1)(a)(iii); or
(b) section 5(1)(b) of the principal Act before its repeal and
substitution by this section and in force immediately before the commencement of
this section shall on that commencement be deemed to have been made under
section 5(1)(a)(ii),
of the principal Act as substituted by this section.
3 The Gas Pipelines Access (Western Australia) Law) ceased to
apply when the National Act Access (WA) Act 2009 commenced on 1 Jan
2010.
4 The Acts Amendment (Petroleum) Act 1990
s. 139(2), (3) and (4) reads as follows:
(2) Section 44 of the principal Act as amended by this Act applies in
relation to applications for approval of transfers of licences lodged after the
commencement of this section.
(3) Notwithstanding the repeal of section 44 of the principal Act
effected by subsection (1), that section continues to apply in relation to
applications for approval of transfers of licences lodged before the
commencement of this section.
(4) A transfer approved and registered under section 44 of the
principal Act shall be deemed to have been approved and registered under
section 44 of the principal Act as amended by this Act.
5 The Acts Amendment (Petroleum) Act 1990
s. 141(2)-(7) reads as follows:
(2) Subject to this section, sections 47 and 47A of the principal Act
as amended by this Act apply in relation to dealings evidenced by instruments
executed after the commencement of this section.
(3) A party to an instrument to which section 47 of the principal Act
applied, being an instrument that had not been approved under that section of
that Act, may, if the instrument evidences a
dealing —
(a) to which section 47 of the principal Act as amended by this Act
would, if the instrument had been executed after the commencement of this
section, apply; and
(b) that relates to a licence that was in existence at the time of
execution of the instrument,
make an application in writing, within 12 months after the
commencement of this section, to the Minister for approval of the
dealing.
(4) Where —
(a) before the commencement of this section, 2 or more persons entered
into a dealing relating to a licence that was not in existence at the time of
execution of the instrument evidencing the dealing;
(b) that dealing would, if the instrument evidencing the dealing had been
executed after the commencement of this section, be a dealing referred to in
subsection 47A(1) of the principal Act as amended by this Act;
and
(c) that licence has come, or comes, into existence,
a party to the dealing may make an application in writing
within —
(d) in a case where that licence came into existence before the
commencement of this section, 12 months after that commencement;
or
(e) in any other case, 3 months after that licence comes into
existence,
to the Minister for approval of the dealing.
(5) Section 47 of the principal Act as amended by this Act (other
than subsections (5) and (6) of that section) applies to a dealing in
respect of which an application is made under subsection (3) or (4) of this
section.
(6) If, when the first regulations made for the purposes of
section 47(4)(b) of the principal Act, as amended by this Act, take effect,
an application for approval of a dealing has been made but the Minister has
neither approved nor refused to approve the dealing —
(a) the Minister shall give to the applicant written notice that the
applicant is entitled to lodge an instrument for the purpose of
section 47(4)(b) in relation to the application;
(b) the applicant may lodge an instrument for the purpose of
section 47(4)(b);
(c) the application shall not be dealt with by the Minister until after
the end of 30 days after the day on which notice is given for the purpose
of paragraph (a); and
(d) where the applicant lodges an instrument under paragraph (b), the
applicant shall lodge with the instrument 2 copies of the instrument.
(7) An instrument lodged under subsection (6) shall be taken, for the
purposes of section 47(13) of the principal Act, as amended by this Act, to
have accompanied the application when the application was lodged.
6 As at the date this compilation was prepared, these offices
(of the former Department of Mines) no longer exist.
7 The Petroleum Amendment Act 2007 s. 102 commenced
on 19 Jan 2008 (see s. 2(2) and Gazette 18 Jan 2008
p. 147). It purported to amend the Petroleum Pipelines Act 1969
s. 67(1c). However, on 19 Jan 2008 s. 67(1c) had not been inserted in
the Petroleum Pipelines Act 1969 by the Petroleum Legislation
Amendment and Repeal Act 2005 s. 30(2) because s. 30(2) had not
commenced. Section 30(2) commenced on 15 May 2010 (see s. 2(b) and
Gazette 14 May 2010 p. 2015) and the amendment to s. 67(1c) by
s. 102 has been taken to have occurred on 15 May 2010.
8 The Petroleum Pipelines Act 1969 is affected by
the Dampier to Bunbury Pipeline Act 1997 Sch. 4 Div. 8
which reads as follows:
Division 8 — Petroleum Pipelines
Act 1969
38. Act applies to DBNGP
(1) Any pipeline in the privatised DBNGP system is a pipeline for the
purposes of the principal Act despite the exceptions to the definition of
pipeline in that Act.
(2) At the pipeline transfer time —
(a) the DBNGP owner, as defined in section 46 of this Act, becomes,
and is to be registered as, the holder of a licence granted under the principal
Act the term, conditions, and other details of which are as determined by the
Minister responsible for the administration of the principal Act; and
(b) consent to the operation of the pipelines in the privatised DBNGP
system is to be regarded as having been given under section 36 of the
principal Act.
(3) Subsection (2)(b) does not remove the requirement for consent
under section 36 of the principal Act to be obtained in any other
circumstance in which the principal Act requires it.
39. Section 7 (power of Minister to authorise entry)
The power given by section 7(1) of the principal Act to the Minister
referred to in that provision is not to be exercised in respect of land in the
DBNGP corridor, as defined in section 27 of this Act, until the DBNGP Land
Access Minister, as defined in that section, has been consulted.
40. Section 8 (application for licence)
Obtaining rights under section 34 of this Act in respect of land or
being approved under subsection (3) of that section as the nominee of the
holder of those rights is to be regarded, for the purposes of
section 8(1)(f) of the principal Act, as acquiring the land.
41. Section 12 (conditions of licence)
For the purposes of section 12(3) of the principal Act —
(a) rights conferred under section 34 of this Act in respect of land
are capable of being a sufficient authority over the land; and
(b) becoming the holder of those rights or the holder’s nominee
approved under section 34(3) of this Act is a sufficient acquisition of
those rights.
42. Section 21 (access provisions)
Section 21 of the principal Act does not apply to the privatised
DBNGP system.
43. Section 27 (removal of property)
(1) For the purpose of enabling a direction to be given in an instrument
under section 27 of the principal Act to a licence holder, property of the
licence holder or a nominee of the licence holder approved under
section 34(3) of this Act that —
(a) was assigned under Part 3 of this Act to the property holder or a
person through whom the property holder took the property; and
(b) is in the DBNGP corridor as defined in section 27 of this
Act,
may be specified in the instrument as if it had been brought there by a
person engaged or concerned in the operations authorised by the
licence.
(2) In this clause —
licence holder means a person who is or was the holder of a
licence under the principal Act;
property holder means the licence holder or a nominee of the
licence holder approved under section 34(3) of this Act.
44. Section 34 (pipeline standards, specifications, and
conditions)
(1) Any pipeline that was part of the corporation’s DBNGP system is
to be taken, for the purposes of the principal Act, to have been constructed in
accordance with any standards, specifications, and conditions prescribed under
that Act.
(2) A licence under the principal Act cannot impose any standards,
specifications, or conditions in respect of a pipeline described in
subclause (1) except to the extent that they relate to the operation or
maintenance of the pipeline.
9 The amendment by the Statutes (Repeals and
Minor Amendments) Act 2000 s. 30 is not included because of an
error in the reference to the provision to be amended.
10 The amendment in the Petroleum Safety Act 1999 s.
92 that was to amend this Act was deleted by the Petroleum Legislation
Amendment and Repeal Act 2005 s. 51 before the amendment came into
operation.
11 The Fourth Schedule was inserted by the Metric Conversion
Act Amendment Act 1975.
12 The Acts Amendment (Petroleum) Act 1990
s. 148(2) is a savings provision of no further effect.
13 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State
Administrative Tribunal Act 2004 s. 167 and 169, and the State
Administrative Tribunal Regulations 2004 r. 28 and 42 deal with
certain transitional issues some of which may be relevant for this
Act.
14 On the date as at which this compilation was prepared, the
Native Title (State Provisions) Act 1999 s. 7.3, which gives
effect to Sch. 2, had not come into operation. It reads as
follows:
7.3. Consequential amendments
Schedule 2 has effect.
Schedule 2 Div. 8 reads as follows:
Schedule 2 — Consequential
amendments
[s. 7.3]
Division 8 — Petroleum Pipelines
Act 1969
58. The Act amended
The amendments in this Division are to the Petroleum Pipelines
Act 1969.
59. Section 10A inserted
After section 10 the following section is inserted —
“
10A. Licence not to affect native title
(1) A licence is not to be taken to authorise the licensee or any other
person to do any act that affects native title.
(2) In subsection (1) —
affects and native title have the meanings
given to them respectively by sections 227 and 223 of the Native Title
Act 1993 of the Commonwealth.
”.
60. Section 19 amended
After section 19(1) the following subsection is inserted —
“
(1a) Where the taking of land or an easement in land under
subsection (1) is a Part 2 act, a Part 3 act or Part 4 act
within the meaning of the Native Title (State Provisions) Act 1999,
the operation of that subsection is subject to section 2.6, 3.5 or 4.3, as
the case may be, of that Act.
”.
15 On the date as at which this compilation was prepared, the
Petroleum Legislation Amendment and Repeal Act 2005 s. 29(2)
had not come into operation. It reads as follows:
29. Sections 66BA and 66BB inserted and transitional
provision
(2) Section 51 of the Justices Act 1902 as in force
immediately before the commencement of subsection (1) applies to an offence
against the Petroleum Pipelines Act 1969 committed before that
commencement as if subsection (1) had not been enacted.
16 The amendments in the Petroleum and Energy Legislation
Amendment Act 2010 s. 182(11) and (12) are not included because
the section they sought to amend had been deleted before the amendments
purported to come into operation.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined
Term Provision(s)
accident Sch. 1 cl.
3
actual supplier Sch. 1 cl. 11(2)(b)
approved 4(1)
Australian
Standard 66BB(4)
Australian/New Zealand
Standard 66BB(4)
CEO 66BB(4)
charge 47(15)
contract Sch. 1 cl.
3
contractor Sch. 1 cl. 3
dangerous occurrence Sch. 1 cl.
3
debenture 47(15)
designated work group Sch. 1 cl. 3
employee Sch. 1
cl. 3
employer Sch. 1 cl. 3
equipment supplier Sch. 1 cl.
13(1)(c)(i)
group member Sch. 1 cl. 3
improvement notice Sch. 1 cl.
3
inspection Sch. 1 cl.
3
inspector 4(1)
land 19(3)(a)
licence 4(1)
licence
area 4(1)
licensee 4(1), Sch. 1 cl. 3
licensee’s representative Sch.
1 cl. 3 and 4(1)
listed OSH law 4(1)
member of the workforce Sch. 1 cl.
3
Minister for Lands 4(1)
ostensible supplier Sch. 1 cl. 11(2)
other
protected person 4(1)
own Sch. 1 cl. 3
owned 4(1)
owner 4(1)
partly
cancelled 4(1)
petroleum 4(1)
pipeline 4(1)
pipeline
operation 4(1)
plant Sch. 1 cl. 3
premises Sch. 1 cl. 3
prescribed
occupational safety and health laws 5AA(2)
Principal
Registrar 59(2)
prohibition notice Sch. 1 cl. 3
public
authority 4(1)
register 4(1)
registered holder 4(1)
registered
organisation Sch. 1 cl. 3
regulated business premises Sch. 1 cl.
3
regulations Sch. 1 cl. 3
relevant person Sch. 1 cl. 6
relinquished
area 4(1)
responsible person Sch. 1 cl. 36(2) and 60(1)
reviewing
authority Sch. 1 cl. 21(5) and 64(10)
supervisor Sch. 1 cl. 42(1)(a)
this
Schedule Sch. 1 cl. 81(4)
Tribunal Sch. 1 cl. 3
Under
Secretary 59(2)
wholly cancelled 4(1)
work Sch. 1 cl. 3
work group
employer Sch. 1 cl. 3
workforce representative Sch. 1 cl. 3
workplace Sch.
1 cl. 3