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The purpose of the Energy Pipelines Amendment Bill 2000 is to enhance the efficiency of the Energy Pipelines Act by making a series of amendments that clarify the application of the act and remove uncertainties surrounding the interpretation of various provisions.
The development of these amendments follows extensive consultation with industry stakeholders and other interested parties and the proposed changes were foreshadowed in a discussion paper publicly released for comment 18 months ago. The response from stakeholders was one of support, as the proposed amendments are viewed as non-contentious.
Many of the amendments are considered routine drafting changes and administrative in nature providing for greater clarification to aid interpretation of the application of the act, changes to definitions and variations to the procedures for licensing and renewal of pipeline licences.
Of greater importance are the amendments that seek to clarify the procedures and rules to reduce the possible threats to a pipeline or its damage. These include the rules applying to the testing of pipelines, the use of explosives or other forms of land disturbance in close proximity to a pipeline and other activities that may pose a threat to the safety of a pipeline, including those pipelines crossing water.
There are also amendments to provide for the introduction of procedures to cover the abandonment of a pipeline, previously not specified in the act. The more significant amendments involve revised penalties for environmental infringements under the act that are consistent with the provisions of the Waste Management And Pollution Control Act and provides for linkages to the Environmental Offences And Penalties Act.
These amendments accord with government policy, that wherever possible legislation that includes environmental infringements will progressively be amended to incorporate general offences and have linkages to the Environmental Offences And Penalties Act. This will ensure a consistency of approach to environmental offences in the Northern Territory by all relevant legislation.
Mining and energy legislation has already commenced this process with amendments already incorporated into the Mine Management Act. This process continues with these amendments to the Energy Pipelines Act. It is anticipated that later this year similar amendments will also be made to the Petroleum Act.
The incorporation of the general environmental offences provisions will provide the Energy Pipelines Act with a modern and consistent regime of offences and penalties for environmental infringements. It will markedly improve the government’s ability to prosecute environmental offences should they occur in the energy pipeline industry. They will provide significantly higher levels of penalties that will not only act as a deterrent to potential environmental offenders but will encourage ongoing improvement in environmental management and practices.
The penalty regime applying to general offences in this act has now been reviewed in association with the Attorney-General’s Department. It was found that the penalties had not increased since the act commenced in 1982 and so a general upgrade of the penalties levels is warranted. The upgraded penalties are outlined in the attached schedule to the bill. In certain instances it has been found appropriate to set differing levels of penalties, depending on whether the offence is committed by an individual or a corporation.
Also, daily penalties have been introduced in some instances to encourage a speedy response to compliance by offenders and to act as an incentive to discontinue the offence. The amendments represent a series of worthwhile changes to the Energy Pipelines Act.