2007

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

CHIEF MINISTER AND MINISTER FOR MAJOR PROJECTS

BONAPARTE GAS PIPELINE (SPECIAL PROVISIONS) BILL 2007
SERIAL NO. 119

EXPLANATORY STATEMENT

GENERAL OUTLINE

The purpose of this legislation is to make special provision in connection with the Bonaparte Gas Pipeline Project.  This legislation creates new statutory rights to cross roads and waterways with Ministerial approval;  provides a mechanism to enable future persons responsible for construction and operation of the facilities comprising the Projects to rely on the Authority Certificates issued in connection with the Projects under the Northern Territory (Aboriginal Sacred Sites) Act; stipulates that an easement in gross may be created on Pastoral Land; exempts the land comprising the pipeline corridor from the subdivision requirements of the Planning Act; and removes the advertising requirement for the grant of extractive minerals/licenses under the Mining Act. 

NOTES ON CLAUSES

Clause 1.	Short Title

This is a formal clause which provides for the citation of the Bill.  The Bill when passed may be cited as the Bonaparte Gas Pipeline (Special Provisions) Act 2007.

Clause 2.	Commencement

This clause provides a mechanism for the commencement of the legislation upon the assent of the Administrator.

Clause 3.	Definitions

This is a formal clause which sets out the meaning of specific terms used in the Bill.

Clause 4.	Act Binds Crown

This clause makes it explicit that the Act is to apply to the Crown in right of the Territory.

Clause 5.	Road Crossings

This clause creates a new statutory right for the licensee under the Energy Pipelines Act to construct and operate the Bonaparte Gas Pipeline across a road.  The clause provides for Ministerial consent in relation to the exercise of that right and that consent may be provided with any conditions specified by the Minister administrating the Control of Roads Act (except Part IV).

Clause 6.	Waterway Crossings

This clause provides that subject to any requirement of a law of the Commonwealth, but despite any other law of the Territory, licensee under the Energy Pipelines Act of the Bonaparte Gas Pipeline may construct and operate the Bonaparte Gas Pipeline across a waterway.  The clause provides for Ministerial consent in relation to the exercise of that right and that consent may be provided with any conditions specified by the Minister administrating the Water Act.  In addition, the clause provides a mechanism for the Territory to recover costs in relation to a failure by the Builder, Owner, Operator to comply with any of the conditions attached to the Ministerial consent.

Clause 7.	Compliance with conditions of crossing

This clause provides that the licensee under the Energy Pipelines Act of the Bonaparte Gas Pipeline must ensure that the conditions of an approval to cross a road or waterway are complied with.  This clause provides the Territory may take action necessary to ensure compliance, or to remedy non-compliance.

Clause 8	Work or Use of Land in Proximity to Sacred Sites

This clause provides that all project participants may, subject to the conditions of the Authority Certificate, rely upon the certificate, even though another project participant was the applicant for that Authority Certificate.

Clause 9.	Easement in Gross over Pastoral Land

This clause provides that an easement in gross may be granted on pastoral leases as established by Pastoral Land Act.   Easements in gross created under this clause are to be taken to be the same as easements in gross granted under the Law of Property Act.

Clause 10.	Special Provisions for Grant of Extractive Minerals Lease and Permits

This clause provides for the grant of an extractive mineral lease or an extractive mineral permit where the project participants have:
·	the consent of the owner or occupier proposed extractive site;
·	the consent of the holder of an existing exploration licence or mining tenement over the extractive site;
·	the consents required under the Native Title Act 1993; and
·	if the extractive site is on Aboriginal land, the consents required under the Aboriginal Land Rights (Northern Territory) Act 1976, 
This clause removes the requirements for advertising and removes the right to object to the grant of an extractive mineral lease or an extractive mineral permit.

Clause 11.	Non-application of Planning Act

This clause provides an exemption from the requirements of subdivision under the Planning Act for the pipeline corridor.

Clause 12.	Regulations

This is a formal clause providing the Administrator with the power to make regulations under this Act.