[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Natural Gas Authority (Notice of Works) Amendment
Bill 2015
A BILL FOR
An Act to amend the
Natural
Gas Authority Act 1967
.
Contents
Part 2—Amendment of Natural Gas
Authority Act 1967
4Amendment of section 11—Rights conferred
by statutory easement
15ANotice of prescribed works on
land subject to statutory easement
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Natural Gas Authority (Notice of Works)
Amendment Act 2015.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Natural Gas Authority
Act 1967
4—Amendment
of section 11—Rights conferred by statutory easement
(1) Section 11(1)(d)—delete "and to carry out" and
substitute:
, to carry out
(2) Section 11(1)(d)—after "equipment" second occurring
insert:
, and to carry out work on outlying land related to the installation,
maintenance, repair or replacement of a pipeline across the servient
land
(3) Section 11—after subsection (1) insert:
(1a) Any associated equipment installed on or under the servient or
outlying land for the purposes of this section remains the property of the owner
of the pipeline.
(4) Section 11(3), definition of associated
equipment—after paragraph (d) insert:
and
(e) telecommunications equipment.
After section 15 insert:
15A—Notice of prescribed works on land subject to
statutory easement
(1) An owner or occupier of servient land must not carry out or permit the
carrying out of prescribed works on or under the servient land without the prior
written consent of the owner of the pipeline on the land.
Maximum penalty: $60 000.
(2) If an owner or
occupier of servient land proposes to carry out or permit the carrying out of
prescribed works on or under the servient land, the owner or occupier must, at
least 21 days before the date on which proposed prescribed works are to be
carried out, by notice in writing to the owner of the pipeline—
(a) advise of the owner or occupier's intent to carry out prescribed
works; and
(b) specify the nature of the prescribed works to be carried
out.
(3) Subject to
subsection (5)
, the owner of the pipeline must, by notice in writing to the owner or
occupier of servient land (as the case requires), within 14 days after
receiving a notice under
subsection (2)
(or such longer time as agreed between the parties), consent or object to
the proposed prescribed works.
(4) The owner of the pipeline may consent to the proposed prescribed works
on conditions as agreed between the parties and set out in a notice under
subsection (3)
.
(5) The owner of the
pipeline must not object to the prescribed works unless the owner is of the
opinion that the prescribed works would interfere with the safety or operation
of the pipeline or associated equipment (within the meaning of
section 11(3)).
(6) The owner of the pipeline must set out the reasons for the objection
in a notice under
subsection (3)
.
(7) If the owner of the
pipeline gives notice of an objection, the owner of the pipeline must notify the
Minister of the objection.
(8) If notice of an
objection to the prescribed works is given, the Minister may attempt to mediate
between the parties in order to arrive at mutually satisfactory terms under
which the owner or occupier of servient land may carry out the prescribed
works.
(9) If the Minister decides to attempt to mediate between the parties
under
subsection (8)
, the Minister must give the parties notice of his or her decision to do so
within 21 days of receipt of the notice relating to the dispute under
subsection (7)
, (and, for the purposes of
subsection (10)
, if the Minister does not give the parties a notice within the 21 day
period, it will be taken that the Minister has decided against attempting to
reach a settlement of the dispute by mediation).
(a) the Minister decides against attempting to reach a settlement of the
dispute by mediation; or
(b) an attempt is made but the dispute is not resolved within a period
specified by the Minister,
either the owner or occupier of servient land or the owner of the pipeline
may apply to the court for a resolution of the dispute.
(11) The court may, on an application under this section—
(a) confirm the notice of objection; or
(b) revoke the notice of objection and determine terms under which the
owner or occupier of servient land may carry out the prescribed works;
or
(c) remit the matter to the parties to the dispute for further
consideration; or
(d) make any consequential or ancillary order or direction, or impose any
condition, that the court considers necessary or expedient on account of an
application under this section.
(12) The Minister may,
by instrument in writing, delegate to a person (including a person for the time
being holding or acting in a particular position) a function or power of the
Minister under this section.
(13) A delegation under
subsection (12)
—
(a) may be absolute or conditional; and
(b) does not derogate from the power of the Minister to act in a matter;
and
(c) is revocable at will by the Minister; and
(d) may not be further delegated.
(14) In this section—
court means the Warden's Court;
occupier includes a person with a right to occupy the
servient land, or a licensee or any holder of a right to use or carry on
operations or activities on the servient land, but does not include a mortgagee
in possession unless the mortgagee assumes active management of the servient
land;
owner, in relation to servient land, means—
(a) if the land is unalienated from the Crown—the Crown;
or
(b) if the land is alienated from the Crown by grant in fee
simple—the owner (at law or in equity) of the estate in fee simple;
or
(c) if the land is held from the Crown by lease or licence—the
lessee or licensee; or
(d) if the land is held from the Crown under an agreement to
purchase—the person who has the right to purchase;
prescribed works means—
(a) excavating, drilling, installing or erecting any pit, well,
foundation, pavement or other structure; or
(b) disturbing or altering the grades and contours of the servient land;
or
(c) planting of trees or shrubs; or
(d) storing plant, machinery, equipment or materials; or
(e) using explosives.