Document ID: chunk:federal_register_of_legislation:C2018C00106:section:16
Version: federal_register_of_legislation:C2018C00106
Segment Type: section
Provision Reference: s 16
Character Range: 21254–22945

16  Dual destination instruments that create easements
 (1) This section applies to a dual destination instrument that creates an easement in favour of the Authority or Pacenco.
 (2) The dual destination instrument continues in effect subject to subsections (3) and (4).
 (3) On and after the sale day, the dual destination instrument has effect as if the easement were an easement in favour of Newco and the Commonwealth jointly that allows Newco and the Commonwealth jointly, Newco or the Commonwealth at any time to:
 (a) construct, maintain or operate pipelines or parts of pipelines that are owned by Newco, the Commonwealth or any other person; and
 (b) licence or otherwise permit any other person to construct, maintain or operate pipelines or parts of pipelines that are owned by any person;
that are to be used, or are used, for the carriage of petroleum, in trade or commerce, between a point in a State and a point in another State or Territory.
 (4) Any easement rights created by the dual destination instrument are taken to be rights of Newco and the Commonwealth jointly.
 (5) This section does not limit the power of Newco and the Commonwealth to enter into an agreement with each other that governs the exercise of any rights by Newco or the Commonwealth under a jointly owned easement.
 (6) This section is not intended to affect the operation of any law of a State or Territory with respect to the construction or operation of pipelines or parts of pipelines that is capable of operating concurrently with this section.

Division 3—Transfer to the Commonwealth of certain assets and liabilities and provisions relating to certain obligations of the Authority or Pacenco