Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
approved means approved by the Minister;
inspector means a person appointed an inspector
under this Act;
licence means a current licence granted under this
Act authorising the construction and operation of a pipeline;
licence area in relation to a licence means the
lands specified in the licence as being that area;
licensee means a person who is the registered
holder of a licence;
listed OSH law means —
(a)
section 65; or
(b)
Schedule 1; or
(c) a
regulation made for the purposes of Schedule 1; or
(d) a
regulation made for the purposes of section 56B; or
(e) any
other written law relating to occupational safety and health matters that is
prescribed for the purposes of this paragraph;
Minister for Lands means the Minister as defined
in the Land Administration Act 1997 section 3(1);
other protected person means a person who is at or
near a place where a pipeline operation is being carried on at the invitation
of, or with the express or implied consent of —
(a) the
licensee for the pipeline operation; or
(b) a
person in control of a part of the pipeline operation;
owner in relation to —
(a) land
other than Crown land or land owned by or vested in the Crown or a public
authority, includes every person who jointly or severally, whether at law or
in equity —
(i)
is entitled to the land for an estate of freehold in
possession;
(ii)
is a person to whom the Crown has lawfully contracted to
transfer the land in fee simple under the Land Administration Act 1997 ,
or any other Act;
(iii)
is entitled to receive, or is in receipt of, or if the
land were let would be entitled to receive the rents and profits thereof,
whether as beneficial owner, trustee, mortgagee in possession, or otherwise;
(b)
Crown land and land owned by or vested in the Crown, means the Crown;
(c) land
owned by or vested in a public authority, means that public authority,
and owned and like expressions have a
corresponding meaning;
partly cancelled in relation to a licence means
cancelled as to part of the pipeline the subject of the licence;
petroleum means —
(a) any
naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state;
or
(b) any
naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or
solid state; or
(c) any
naturally occurring mixture of one or more hydrocarbons, whether in a gaseous,
liquid or solid state, and any one or more of the following, that is to say,
hydrogen sulphide, nitrogen, helium and carbon dioxide,
and includes any petroleum as defined by
paragraph (a), (b) or (c) of this definition that has been returned to a
natural reservoir;
pipeline means a pipe or system of pipes used or
intended to be used for the conveyance of petroleum; and includes all
structures for protecting or supporting a pipeline and all loading terminals,
works and buildings and all fittings, pumps, tanks, storage tanks,
appurtenances and appliances and any facility, or any facility of a class,
which is declared for the time being under section 5 to be a pipeline
facility for the purposes of this Act used in connection with a pipeline, but
does not include —
(a) a
pipeline as defined in the Petroleum (Submerged Lands) Act 1982 ;
(b) a
pipeline that is used —
(i)
for the conveyance of petroleum from the well head to a
tank or separator or for the collection of petroleum within the area in which
it is produced or recovered;
(ii)
for returning petroleum to a natural reservoir;
(iii)
for the conveyance of petroleum for use for the purpose
of petroleum exploration operations or operations for the recovery of
petroleum;
(iv)
for the conveyance of petroleum that is to be flared or
vented;
(c) a
pipeline constructed or to be constructed under the authority of any Act,
other than this Act;
[(d) deleted]
(da) a
pipeline that is part of a distribution system as defined in the
Energy Coordination Act 1994 ;
(e) a
pipeline constructed or to be constructed on land used for residential,
business, agricultural, commercial or industrial purposes, designed for use
solely for the residential, business, agricultural, commercial or industrial
purposes carried on on that land and situated wholly within the boundaries of
that land;
(f) a
pipeline or a pipeline of a class declared for the time being under
section 5 not to be a pipeline for the purposes of this Act;
pipeline operation means an operation —
(a) in
connection with the construction, operation, inspection (by a person other
than an inspector), maintenance or repair of a pipeline; and
(b)
carried out on land that is specified in any licence as licence area;
public authority means —
(a) a
Minister of the Crown acting in his official capacity under an Act; or
(b) a
State instrumentality; or
(c) any
body —
(i)
which is established under an Act; and
(ii)
which administers or carries out any social service or
public utility for the benefit of the State; and
(iii)
which is declared for the time being under section 5
to be a public authority for the purposes of this Act;
register means the register referred to in
section 43;
registered holder in relation to a licence means
the person whose name is for the time being shown in the register as being the
holder of the licence;
relinquished area means in relation to a licence
that —
(a) has
expired or been wholly cancelled — the licence area; and
(b) has
been partly cancelled — that part of the licence area on which
is situated the part of the pipeline as to which the licence was partly
cancelled;
wholly cancelled in relation to a licence means
cancelled as to the whole of the pipeline the subject of the licence.
(2) In this Act, a
reference —
(a) to a
pipeline on any land, includes a reference to a pipeline in, under, through,
across or above the surface of the land;
(b) to a
pipeline, includes a reference to part of a pipeline;
(c) to a
licence, includes a reference to a licence as varied under this Act.
[Section 4 amended by No. 12 of 1990
s. 121; No. 28 of 1994 s. 64; No. 73 of 1994 s. 4;
No. 31 of 1997 s. 77(1) and 141; No. 20 of 1999 s. 10(5);
No. 13 of 2005 s. 19; No. 8 of 2010 s. 22; No. 42 of 2010
s. 173.]