Permit to investigate
The applicant (which can be either a person or company), must first apply to the Minister administering the Pipelines Act 1967 to obtain an authority to enter lands for the purpose of investigating possible routes for the proposed pipeline(s). The application must have a schedule of affected lands attached. After examination of the proposal and consideration of all submissions the Minister may grant the applicant a permit to begin preliminary surveys.
NOTE: The Pipelines Act 1967 allows the permit to be varied after granting.
After the permit is granted
The applicant is allowed to enter the land specified in the schedule to carry out surveys to define the route of the new pipeline(s) and to determine the land(s) required for access to the pipeline.
Once the route is finalised, a compiled plan is lodged at NSW LRS indicating the intended centreline of the proposed pipeline and the relevant folios of the Register affected. The plan must show:
- the site of the proposed pipeline by bearing and distance
- a statement in the 'statement of intention panel' on the Administration Sheet indicating that it is intended to acquire a pipeline easement
- a statement in the 'statement of intention panel' on the Administration Sheet indicating that the compiled plan will be replaced by a survey plan showing full connections to parcel boundaries prior to granting of the licence and vesting of easements.
Licence to construct and operate
After carrying out surveys determining the route for the pipeline, the applicant may apply for a licence to construct and operate the pipeline. The licence application must have a schedule of affected land (see Form 2 set out in Schedule 1 Pipelines Regulation 2013).
NOTE: Both the application for permit and application for licence are widely publicised throughout New South Wales. Individual notices are served on owners, occupiers and councils of affected land.
After the licence is granted
After a licence is granted to construct and operate a pipeline (and before vesting by Government Gazette), the Minister is required by section 20 Pipelines Act 1967 to cause the lodgment of a plan of survey defining the land and easements at NSW LRS. The plan should be accompanied by an instrument listing the identities of parcels affected and setting out the various easements for pipeline and access.
NOTE: The plan of survey is to be completed after construction of the pipeline in order to limit the need for subsequent variations to the site.
Notification of the licence is published in the Government Gazette after which, the licensee must lodge at NSW LRS a Request form 11R to endorse on all affected titles a notification indicating the existence of the pipeline licence.
If the applicant (now the licensee) has not come to an agreement for the acquisition of all of the land in the schedule attached to the application, the Minister may, by way of notification in the Government Gazette pursuant to the Land Acquisition (Just Terms Compensation) Act 1991, declare that any lands or easements not already acquired by the licensee, vest in the licensee.
NOTE:The Pipelines Act 1967 allows the licence to be varied after granting.
NOTE: Land and easements are acquired in the name of the applicant.
Variation of a licence area
Variation of a licence area, after gazettal and registration of the Request form, will require that the easements originally created must be released by way of a new Request form and executed by the authority having the benefit of the easement, see section 21(2) Pipelines Act 1967.
All NSW legislation can be accessed at www.legislation.nsw.gov.au/
Publish date: October 2023