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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
ELECTRICITY
AMENDMENT BILL 1996
Queensland
ELECTRICITY AMENDMENT BILL 1996
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Insertion of new ch 4, pt 4, div 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Division 4A--Inapplicability of planning schemes in relation to
particular transmission entity operating works
111A Definitions for div 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
111B Planning scheme does not apply to transmission entity if
notice given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
111C Existing projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
111D Chalumbin to Woree transmission line . . . . . . . . . . . . . . . . . . . . . . . 7
111E Transmission entity's building or use of operating works
and affected land prevails over other uses of affected land under
planning scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
111F Noting planning scheme and planning scheme maps . . . . . . . . . . . . 8
111G Applications about affected land . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
1996
A BILL
FOR
An Act to amend the Electricity Act 1994
s1 4 s3
Electricity Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Electricity Amendment Act 1996. 3
amended 4
Act
Clause 2. This Act amends the Electricity Act 1994. 5
of new ch 4, pt 4, div 4A 6
Insertion
Clause 3. Chapter 4, part 4-- 7
insert-- 8
4A--Inapplicability of planning schemes in relation to 9
`Division
particular transmission entity operating works 10
for div 4A 11
`Definitions
`111A. In this division-- 12
"affected land", of, or in relation to, operating works, means land-- 13
(a) on which a transmission entity is building or using the operating 14
works and identified on maps held by the department;1 or 15
(b) identified in-- 16
(i) a notice under section 111B(1);2 or 17
(ii) the documents mentioned in section 111D(1).3 18
1 The maps may be inspected at the department's office at the Queensland
Minerals & Energy Centre, 61 Mary Street, Brisbane.
2 Section 111B (Planning scheme does not apply to transmission entity if notice
given)
3 Section 111D (Chalumbin to Woree transmission line)
s3 5 s3
Electricity Amendment
"LGPE Act" means the Local Government (Planning and Environment) 1
Act 1990. 2
"permissible use" see the LGPE Act, section 1.4.4 3
"planning instrument", for operating works, means-- 4
(a) any agreement made between the relevant local government and 5
any person holding an interest in the operating work's affected 6
land; and 7
(b) any condition imposed by the local government for the use of the 8
operating work's affected land. 9
"planning scheme" means a planning scheme under the LGPE Act. 10
"planning scheme maps" means any map used in a planning scheme. 11
"relevant planning scheme", in relation to a transmission entity's 12
operating works, or proposed operating works, means a planning 13
scheme that includes land that is, or is proposed to be, affected land of 14
the operating works. 15
scheme does not apply to transmission entity if notice given 16
`Planning
`111B.(1) This section applies if, in relation to proposed operating works 17
of a transmission entity, the Minister-- 18
(a) is satisfied the transmission entity has taken into account any 19
major environmental effects the works are likely to have and in so 20
doing has had due regard to policies or administrative 21
arrangements approved under the State Development and Public 22
Works Organization Act 1971, section 29;5 and 23
(b) has given written notice to the local government for the area that 24
the works will be in. 25
4 Local Government Planning and Environment Act 1990, section 1.4
(Interpretation)--
"permissible use" means a use of premises which may only be undertaken pursuant
to a planning scheme with the approval of the local government granted
pursuant to section 4.13.
5 Section 29 (Supervision of environment)
s3 6 s3
Electricity Amendment
`(2) A notice under subsection (1) must-- 1
(a) be given before the transmission entity builds or uses the 2
operating works; and 3
(b) state the following-- 4
(i) that the Minister is satisfied as mentioned in subsection 5
(1)(a); 6
(ii) a description of the land on which the transmission entity 7
will build or use the operating works, including by reference 8
to a map; 9
(iii) the name of the transmission entity; 10
(iv) that the land will be used for the transmission entity's 11
operating works; 12
(v) that this section and sections 111E to 111G apply to the 13
operating works. 14
`(3) A relevant planning scheme does not apply to-- 15
(a) the building or use of the works by the transmission entity; or 16
(b) the use of the affected land by the transmission entity in 17
connection with the works. 18
projects 19
`Existing
`111C.(1) This section applies if a transmission entity started building or 20
using operating works before the Electricity Amendment Act 1996 21
commenced. 22
`(2) A relevant planning scheme does not apply, and it is declared never 23
to have applied, to-- 24
(a) the building or use of the works by the transmission entity; or 25
(b) the use of affected land by the transmission entity in connection 26
with the works. 27
s3 7 s3
Electricity Amendment
to Woree transmission line 1
`Chalumbin
`111D.(1) This section applies to the transmission line from Chalumbin 2
to Woree, to be built by QETC6 as part of its operating works on the land 3
identified on the following documents held by the department-- 4
(a) for Chalumbin to Springmount--Queensland Electricity 5
Generating Board transmission system 1:100 000 maps 6
A1N411909020439; 7
(b) for Springmount to Woree--Powerlink Queensland 275 Kv 8
transmission line route plan A1H1155 55sheets 01 to 09.7 9
`(2) A relevant planning scheme does not apply to-- 10
(a) the building or use of the works by the transmission entity; or 11
(b) the use of affected land by the transmission entity in connection 12
with the works. 13
entity's building or use of operating works and 14
`Transmission
affected land prevails over other uses of affected land under planning 15
scheme 16
`111E.(1) This section applies if-- 17
(a) affected land of a transmission entity's operating works are or 18
become included in a planning scheme; and 19
(b) a planning scheme does not apply to the building or use of the 20
works by the transmission entity because of this division. 21
`(2) The planning scheme or a planning instrument does not operate in 22
relation to the affected land to the extent the planning scheme or instrument 23
is inconsistent with the transmission entity's building or use of the works. 24
6 The works are to be built by QETC under its trading name, Powerlink
Queensland.
7 The documents may be inspected at the department's office at the Queensland
Minerals & Energy Centre, 61 Mary Street, Brisbane.
s3 8 s3
Electricity Amendment
planning scheme and planning scheme maps 1
`Noting
`111F.(1) If a transmission entity has operating works in a local 2
government's area-- 3
(a) the local government may note the maps of any relevant planning 4
scheme to show that the affected land is being used for the 5
operating works; and 6
(b) if the local government is preparing a relevant planning scheme, 7
the planning scheme must show, for the affected land, that the 8
affected land is being used for the operating works. 9
`(2) If a local government receives a notice under section 111B(1)8about 10
proposed operating works, it must note the existence of the notice in any 11
relevant planning scheme. 12
`(3) To remove doubt, it is declared that a note to a planning scheme 13
under subsections (1) or (2) is not an amendment of a planning scheme. 14
about affected land 15
`Applications
`111G.(1) This section applies if-- 16
(a) a local government receives an application under the LGPE Act 17
for-- 18
(i) rezoning of land; or 19
(ii) permissible use of premises; or 20
(iii) subdivision of land; and 21
(b) the land for which the application is made includes affected land 22
of operating works or proposed operating works for which a 23
notice under section 111B(1) has been given to the local 24
government. 25
`(2) The local government must give the Minister written notice of the 26
application before considering the application. 27
8 Section 111B (Planning scheme does not apply to transmission entity if notice
given)
s4 9 s4
Electricity Amendment
`(3) If a notice is given, the Minister may comment in writing on the 1
application to the local authority. 2
`(4) The local government must not consider the application until after 3
the Minister comments on the application or the end of 28 days after the 4
Minister is given the notice. 5
`(5) If the Minister comments on the application, the local government 6
must take the Minister's comments into account when considering the 7
application.'. 8
of sch 5 (Dictionary) 9
Amendment
Clause 4. Schedule 5-- 10
insert-- 11
` "affected land", for chapter 4, part 4, division 4A, see section 111A. 12
"LGPE Act", for chapter 4, part 4, division 4A, see section 111A. 13
"permissible use", for chapter 4, part 4, division 4A, see section 111A. 14
"planning instrument", for chapter 4, part 4, division 4A, see section 15
111A. 16
"planning scheme", for chapter 4, part 4, division 4A, see section 111A. 17
"planning scheme maps", for chapter 4, part 4, division 4A, see section 18
111A. 19
"relevant planning scheme", for chapter 4, part 4, division 4A, see section 20
111A.'. 21
22
© State of Queensland 1996
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