Dampier to Bunbury Pipeline Act 1997
Dampier to Bunbury Pipeline (Corridor) Regulations 1998
Reprint 1: The regulations as at 7 May 2004
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original regulations are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions that would amend the text if they were to come into operation. The table refers to another endnote setting out the text of the amendments in full.
Notes amongst text (italicised and within square brackets)
Editorial notes show if something has been omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything omitted can be found in an earlier reprint (if there is one) or the regulations as published.
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Reprinted under the Reprints Act 1984 as |
at 7 May 2004 |
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Dampier to Bunbury Pipeline (Corridor) Regulations 1998
1.Citation1
2.Interpretation1
3.Fees1
4.Civil penalty conditions2
5.Claims for compensation2
Notes
Compilation table4
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Reprinted under the Reprints Act 1984 as |
at 7 May 2004 |
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Dampier to Bunbury Pipeline Act 1997
Dampier to Bunbury Pipeline (Corridor) Regulations 1998
These regulations may be cited as the Dampier to Bunbury Pipeline (Corridor) Regulations 1998 1.
In these regulations, unless the contrary intention appears —
“access area” means land in respect of which rights are conferred under section 34;
“claim for compensation” means a claim for compensation under section 42;
“holder”, in relation to a condition, means the holder of the rights conferred under section 34 that are subject to the condition;
“section” means section of the Act.
(1)For the purposes of section 31(8) the prescribed fee is $60.00.
(2)For the purposes of section 33(6) the prescribed fee is $60.00.
(1)For the purposes of section 37(1)(a) each of the following conditions is a civil penalty condition —
(a)a condition to the effect that the holder must take reasonable steps to minimize damage to the access area and to the surrounding land and is to avoid any unnecessary interference with, and loss of enjoyment of, the surrounding land;
(b)a condition to the effect that the holder must not unreasonably interfere with the assets and operations of any other holder of rights conferred under section 34 in respect of the access area or any part of that area.
(2)The civil penalty for a contravention of a civil penalty condition referred to in subregulation (1) is $500 000 and, if the contravention is of a continuing nature, there is a further civil penalty of $50 000 in respect of each day or part of a day during which the contravention has continued after the holder was given notice that the condition was being contravened.
(1)A claim for compensation is to be submitted within 6 months after the time when the matter or thing alleged to give rise to an entitlement to compensation occurred or arose, or within such further period as the DBNGP Land Access Minister allows in accordance with subregulation (2).
(2)The DBNGP Land Access Minister may, on the application of a person who wishes to make a claim for compensation, extend the period for submission of the claim if the DBNGP Land Access Minister is satisfied that the application is reasonable and made in good faith.
(3)A claim for compensation is to include —
(a)particulars identifying the land in respect of which the claim is made;
(b)the nature and particulars of the claimant’s right, title or interest in the land;
(c)if the land or the right, title or interest is charged, leased, or subject to an easement — particulars of the charge, lease or easement;
(d)each matter or thing in respect of which compensation is claimed, with particulars of the nature and extent of the claim; and
(e)the claimant’s full name and address for service.
(4)A claim for compensation is to be accompanied by —
(a)all documents establishing the claimant’s right, title or interest in the land which are in the claimant’s custody, possession or power; and
(b)a certified copy of all such documents which are not in the claimant’s custody, possession or power.
1This is a reprint as at 7 May 2004 of the Dampier to Bunbury Pipeline (Corridor) Regulations 1998. The following table contains information about those regulations and any reprint.
Citation |
Gazettal |
Commencement |
Dampier to Bunbury Pipeline (Corridor) Regulations 1998 |
10 Mar 1998 p. 1357 |
10 Mar 1998 |
Reprint 1: The Dampier to Bunbury Pipeline (Corridor) Regulations 1998 as at 7 May 2004 |
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By Authority: JOHN A. STRIJK, Government Printer