Investigation into complaints concerning use of the Authority to Survey – Hunter Gas Pipeline: Report to (NSW) Department of Climate Change, Energy, the Environment and Water

This inquiry, established by the NSW Department of Climate Change, Energy, the Environment and
Water, was asked to investigate, report on and where thought desirable make recommendations as to allegations that Hunter Gas Pipeline Pty Ltd or related parties (Santos) have acted inconsistently with three conditions of an Authority to Survey (Authority) granted under the Pipelines Act 1967 (NSW):
· condition 4 (about reasonable level of negotiation and/or communication and providing written
notice of intent to access under the powers of the Authority)
· condition 8 (about exhausting reasonable attempts to resolve disputes regarding the Authority)
· condition 12 (about the process of informing parties regarding possible compulsory acquisition).
The Investigators’ findings are detailed in this report but, in summary, regarding these three conditions:
· Santos is not ‘in breach’ of condition 4 because it has not yet sought to use the Authority powers. If,
at any stage in the future, Santos does propose to use these powers, then Santos will need to
demonstrate: (a) when and how it has provided the particular owner/occupier with clear
information of the potential impacts of what the Authority use will involve; and (b) that
owner/occupier had adequate time to engage with Santos after the provision of that information.
· Santos is not ‘in breach’ of condition 8 because there is no evidence of Santos refusing to engage
with landholders seeking to raise disputes about compliance with Authority Conditions. Santos
cooperated in full with this dispute resolution process initiated by the Department, and has also
provided a point of contact for continued engagement with landholders who have raised concerns
as part of this investigation.
· There is insufficient evidence of Santos or its agents expressly breaching Condition 12. It is a
question of balance as to when the reference to Compulsory Acquisition can be made in land
access negotiations, and the Investigators note that no mention of Compulsory Acquisition is also
not appropriate. It is important for landholders to have complete information in entering
negotiations about land access, and this extends to understanding the compulsory acquisition
process, in full, and its relevance to the matters being negotiated.