(b) land of the Crown that is occupied by a person under a lease, licence or other right under this or any other Act— s. 5 but does not include land that is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993; Crown Land Minister, in relation to Crown land, means the Minister for the time being responsible for the Act under which the land is controlled or managed; S. 5 def. of Department amended by No. 70/2013 s. 4(Sch. 2 item 35). Department means the Department of State Development, Business and Innovation; Energy Safe Victoria means Energy Safe Victoria established under the Energy Safe Victoria Act 2005; Environment Effects Minister means the Minister for the time being administering the Environment Effects Act 1978; hydrocarbon means a compound of hydrogen and carbon in the liquid or gaseous state, or a mixture consisting mainly of such compounds; improvement notice means an improvement notice issued under section 180; inspector means a person authorised by the Minister under section 157; licence means a licence issued by the Minister under Part 5;
(b) it is in the public interest for the pipeline to be regulated under this Act; or (c) it is otherwise appropriate to do so. 12 Minister may declare pipelines to which this Act is not to apply s. 12 (1) The Minister may by order published in the Government Gazette declare any pipeline or proposed pipeline to be a pipeline to which this Act does not apply. (2) The Minister may make a declaration under subsection (1) if the Minister considers that— (a) the pipeline is safe and it is appropriate to exclude it; or (b) there is a minimal risk that the pipeline will have a substantial adverse environmental impact; or (c) it is otherwise appropriate to do so. S. 13 (Heading) amended by No. 43/2012 s. 3(Sch. item 38). S. 13 amended by No. 10/2010 s. 800(Sch. 6 item 12.1). 13 Application of Act in connection with offshore area Subject to section 52, this Act applies to all land in Victoria, other than land that is within the area defined as the offshore area in the Offshore Petroleum and Greenhouse Gas Storage Act 2010. __________________ S. 14 amended by No. 25/2008 s. 17(1). 14 Offence to construct pipeline without a licence s. 14
S. 95(1A) inserted by No. 25/2008 s. 18. (1A) In considering whether the proponent or licensee has taken all reasonable steps for the purposes of subsection (1)(a), the Minister must consider whether the proponent or licensee has satisfied the requirements set out in an approved consultation plan. (2) The Minister must not consent to a compulsory acquisition of an easement by a proponent unless the Minister has decided to grant the licence to construct and operate the pipeline. (3) The Minister must within 28 days after the submission date for the application or the date of the decision to grant or refuse the licence (whichever is the later)— (a) consent to the compulsory acquisition of the easement; or (b) refuse to consent to the acquisition. (4) A consent must be in writing. 96 Compulsory acquisition s. 96 (1) If the Minister has consented under section 95 to the compulsory acquisition of an easement, the licensee may acquire compulsorily that easement. (2) Subject to subsection (3), the Land Acquisition and Compensation Act 1986 applies to a compulsory acquisition referred to in subsection (1) and for that purpose— (a) this Act is the special Act; and (b) the licensee is the Authority. (3) Divisions 2 and 3 of Part 2 and section 20 of the Land Acquisition and Compensation Act 1986 do not apply to an acquisition under subsection (1). 97 Easement to be easement in gross s. 97