Stony Point (Liquids Project) Ratification Act 1981 (SA)

South Australia Stony Point (Liquids Project) Ratification Act 1981 An Act to ratify and approve the Stony Point (Liquids Project) Indenture; and for other purposes.

Contents 1 Short title 2 Interpretation 3 Ratification of the Indenture 4 Amendment of Cooper Basin Indenture etc 5 Modification of State law in order to give effect to the Indenture etc 6 Regulations 7 Application of this Act to land subject to the Real Property Act 8 Consultative Group to report annually Schedule 1 Schedule 2 Legislative history

The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the Stony Point (Liquids Project) Ratification Act 1981. 2—Interpretation (1) In this Act— the Indenture means the Stony Point (Liquids Project) Indenture, the terms of which are set out in Schedule 1 to this Act, and includes the Indenture as amended or replaced from time to time; instrumentality of the Crown includes, without limiting the generality of the expression, the Electricity Trust of South Australia and the Pipelines Authority of South Australia; the pipeline licence means the pipeline licence, the terms of which are set out partially in Schedule 2 to this Act and partially in Part XII of the Indenture and includes that licence as amended or replaced from time to time; the relevant instruments means the Indenture, the pipeline licence and the right-of-way agreement; the right-of-way agreement means the agreement referred to in the Indenture as the PASA and Producers (Right of Way) Agreement and includes that agreement as amended or replaced from time to time. (2) Where an expression used in this Act is defined in the Indenture, that expression has, unless the contrary intention appears, the same meaning as in the Indenture. 3—Ratification of the Indenture (1) The Indenture and the right-of-way agreement are ratified and approved. (2) The pipeline licence is ratified, validated and approved as from the date on which it was granted. (3) The Indenture binds the Crown. (4) The Government of the State, the Ministers and other instrumentalities of the Crown are authorised, empowered and required to do all things necessary or expedient to carry out and give effect to the relevant instruments. 4—Amendment of Cooper Basin Indenture etc (1) The Indenture set out in the Schedule to the Cooper Basin (Ratification) Act 1975 is amended as contemplated by Part XXX of the Indenture and the amendments are, by force of this Act, ratified. 5—Modification of State law in order to give effect to the Indenture etc (1) The law of the State is so far modified as is necessary to give full effect to the relevant instruments and the provisions of any law of the State shall accordingly be construed subject to the modifications that take effect under this subsection. (2) Without limiting the generality of subsection (1)— (a) the Coast Protection Act 1972 shall be construed subject to clause 18 of the Indenture and to the extent of any inconsistency between the provisions of that Act and of the Indenture, the provisions of the Indenture shall prevail; (b) the Planning and Development Act 1966 shall be construed subject to the provisions of the relevant instruments relating to the development, division, zoning and use of land and, to the extent of any inconsistency between the provisions of that Act and of the relevant instruments, the provisions of the latter shall prevail; (c) the provisions of the laws of the State under which any royalty, rate, tax or impost may be levied or imposed (whether by a party to the Indenture or not) shall be construed subject to clause 29 of the Indenture and to the extent of any inconsistency between the provisions of those laws and of the Indenture, the provisions of the Indenture shall prevail; (d) the provisions of the Crown Lands Act 1929 and the Real Property Act 1886 shall be construed subject to the provisions of the Indenture and the right-of-way agreement relating to the granting or resumption of estates or interests in land and to the extent of any inconsistency between the provisions of either of those Acts and of the Indenture or the right-of-way agreement, the latter provisions shall prevail; (e) the provisions of the Petroleum Act 1940 shall be construed subject to the provisions of Part XII of the Indenture and to the extent of any inconsistency between the provisions of that Act and of the Indenture, the provisions of the Indenture shall prevail; (f) the provisions of the Petroleum Act 1940 shall be so construed as to confer authority on the Minister to grant the pipeline licence subject to the conditions of the licence as appearing in Schedule 2 to this Act and in Part XII of the Indenture; (g) the Harbors Act 1936 shall be construed subject to Part XV of the Indenture and to the extent of any inconsistency between the provisions of that Act and of the Indenture, the provisions of the Indenture shall prevail; (h) the Stamp Duties Act 1923 shall be construed subject to Part XVI of the Indenture and to the extent of any inconsistency between the provisions of that Act and of the Indenture, the provisions of the Indenture shall prevail; (i) the Arbitration Act 1891 shall be construed subject to Part XXII of the Indenture and to the extent of any inconsistency between the provisions of that Act and of the Indenture, the provisions of the Indenture shall prevail; (j) the Water Resources Act 1976 shall be construed subject to Part X of the Indenture and to the extent of any inconsistency between the provisions of that Act and of the Indenture, the provisions of the Indenture shall prevail; (k) section 34(1)(a) of the Boilers and Pressure Vessels Act 1968 shall not apply in relation to activities of the Producers contemplated by the Indenture or the pipeline licence; (m) no power of compulsory acquisition of land shall be exercised contrary to the provisions of the Indenture; (n) it shall not be competent for the Pipelines Authority of South Australia to alienate an interest in land contrary to the provisions of clause 56 of the Indenture; (o) no object is to be regarded as a fixture to land contrary to the provisions of the Indenture or the right-of-way agreement. (3) Neither the Government of the State, nor any Minister or instrumentality of the Crown, nor any local governing body shall act or omit to act so as to hinder, delay or derogate from the exercise by the Producers of their rights under any of the relevant instruments. 6—Regulations (1) The Governor may, with the agreement of the parties to the Indenture, make such regulations as are necessary or expedient for the purposes of giving effect to the Indenture. (2) Regulations under subsection (1) may operate to modify any pre-existing law of the State. 7—Application of this Act to land subject to the Real Property Act This Act applies, notwithstanding the provisions of the Real Property Act 1886, to land subject to the provisions of that Act. 8—Consultative Group to report annually (1) The Stony Point Environmental Consultative Group established pursuant to clause 81 of the Indenture shall, not later than a date stipulated by the Minister of Environment and Planning, in each year present to that Minister a report on the work of the Consultative Group during the previous financial year. (2) The Minister of Environment and Planning shall, as soon as practicable after his receipt of a report presented to him under subsection (1), cause a copy of the report to be laid before each House of Parliament.