Petroleum Amendment Act 1988
Petroleum Amendment Act 1988
Petroleum Amendment Act 1988
Public Act |
1988 No 78 |
|
Date of assent |
31 March 1988 |
|
Contents
An Act to amend the Petroleum Act 1937
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Petroleum Amendment Act 1988, and shall be read together with and deemed part of the Petroleum Act 1937 (hereinafter referred to as the principal Act).
(2)
This Act shall come into force on the 1st day of April 1988.
2 Acquisition of land for mining operations
(1)
Section 35 of the principal Act (as substituted by section 3 of the Petroleum Amendment Act 1975) is hereby amended by repealing subsection (1), and substituting the following subsection:
“(1)
For the purpose of facilitating the carrying on of any mining operations the Governor-General may, on the application of a licensee and at the licensee’s expense in all things, take under the Public Works Act 1981, as if for a public work within the meaning of that Act, any land, or any particular estate or interest in any land (whether for the time being subsisting separately or not), or any easement or profit à prendre over any land (whether for the time being subsisting or not).”
(2)
Section 35(2) of the principal Act (as so substituted) is hereby amended by omitting the words “or the Minister of Works and Development”
.
(3)
Section 7(1) of the Petroleum Amendment Act 1982 is hereby consequentially repealed.
3 Conditions of pipeline authorisation
Section 56(4) of the principal Act (as substituted by section 13 of the Petroleum Amendment Act 1982) is hereby amended by omitting the words “Minister of Works and Development”
, and substituting the words “Minister of Transport”
.
4 Pipeline easement certificates
(1)
Section 70(1) of the principal Act (as substituted by section 7(1) of the Petroleum Amendment Act (No. 2) 1980 and amended by section 15(1) of the Petroleum Amendment Act 1982) is hereby amended by omitting the words “Notwithstanding the provisions of section 22 of the Public Works Act 1981, if”
, and substituting the word “If”
.
(2)
Section 15(1) of the Petroleum Amendment Act 1982 is hereby consequentially repealed.
5 Taking land for purposes of or incidental to construction or operation of pipeline
(1)
Section 78 of the principal Act (as so substituted) is hereby amended by repealing subsection (1), and substituting the following subsection:
“(1)
For the purpose of carrying out any function authorised by a pipeline authorisation or any other function necessary for the efficient operation of the pipeline or necessarily incidental to the operation of the pipeline, the Governor-General may, on the application of the holder of an authorisation and at the holder’s expense in all things, take under the Public Works Act 1981, as if for a public work within the meaning of that Act, any land or any particular estate or interest in any land (whether for the time being subsisting separately or not) or any easement or profit á prendre over any land (whether for the time being subsisting separately or not):
“Provided that this subsection shall not apply unless the Minister is satisfied that the holder is not able to purchase or otherwise acquire the land or interest in land at a reasonable price from the owner thereof and the Minister recommends the Governor-General accordingly.”
(2)
The following enactments are hereby consequentially repealed:
(a)
Section 20 of the Petroleum Amendment Act 1982:
(b)
Section 2(9) of the Public Works Amendment Act (No. 2) 1987.
This Act is administered in the Ministry of Energy.