ENERGY PIPELINES AMENDMENT BILL 2013

SERIAL NO. 45

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR MINES AND ENERGY

EXPLANATORY STATEMENT

GENERAL OUTLINE

This Bill amends the Energy Pipelines Act (“the Act”) in the following ways:
1.	Removes references in the current Act to monetary amounts and prescribed fees, and replaces these with references to “fees prescribed by regulation” - to be listed in an updated Schedule 2 as per the Energy Pipelines Amendment (Fees) Regulations 2013.  
2.	Removes the existing formula for calculating licence fees under section 30(1) of the Act as it will now be contained within the update Energy Pipelines Regulations.   

NOTES ON CLAUSES

Clause 1.	Short Title

This is a formal clause which provides for the citation of the Bill.  When passed the Bill will be cited as the Energy Pipelines Amendment Act 2013.

Clause 2.	Commencement

Clause 2 states that the Act commences on the date fixed by the Administrator.

Clause 3.	Act amended

Clause 3 states that the Act amends the Energy Pipelines Act.

Clause 4.	Section 20 amended

Clause 4 amends section 20(2) of the Act, which deals with the variation of conditions of a licence, by removing references to an existing monetary amount to undertake such actions, in favour of a fee prescribed by regulation.  All fees prescribed under an amended Energy Pipelines Act are to be contained in an updated Schedule 2 of the Energy Pipelines Regulations.

Clause 5.	Section 21B amended

Clause 5 amends section 21B(1)(c) of the Act, which deals with applications to vary a route and/or a licence, by removing references to an existing monetary amount to undertake such actions, in favour of a fee prescribed by regulation.

Clause 6.	Section 30 amended

Clause 6 amends section 30(1) of the Act, which deals with licence fees, by removing references to an existing monetary amount in favour of a fee prescribed by regulation.  Further, the clause removes the existing formula for calculating licence fees under section 30(1) as this will now be specified in an updated Regulation 7 of the Energy Pipelines Regulations.   

Clause 7.	Section 47 amended

Clause 7 amends section 47(2) of the Act, which deals with persons registering as a holder of a permit or licence, by removing references to an existing monetary amount in favour of a fee prescribed by regulation.  

Clause 8.	Act further amended

Clause 8 provides for the amendment Schedule to have effect.  Such schedules provide for minor amendments necessary as a consequence of more substantive amendments made by the Bill.

The prepared Schedule amends the listed provisions of the current Act by omitting all references to prescribed fees, in favour of fees prescribed by regulation. 

Clause 9.	Expiry

Clause 9 states that the amending Act expires on the day after it commences.  This is because there are no transitional provisions required and therefore all amending provisions will have been incorporated into an updated Energy Pipelines Act.