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TASMANIA
__________
GAS AMENDMENT BILL 2004
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 43 substituted
43. Gas and co-located infrastructure does not merge
with land
5. Section 86 amended (Certain gas infrastructure
developments exempt from planning approval)
[Bill 78]-III
2
GAS AMENDMENT BILL 2004
(Brought in by the Minister for Infrastructure, Energy and
Resources, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to amend the Gas Act 2000
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Gas Amendment Act 2004.
Commencement
2. (1) Sections 1 and 3 and this section commence on the
day on which this Act receives the Royal Assent.
(2) Section 4 is taken to have commenced,
immediately after the Principal Act commenced, on
20 December 2000.
(3) Section 5 is taken to have commenced,
immediately after Part 2 of the Gas Infrastructure
(Miscellaneous Amendments) Act 2002 commenced, on
1 July 2003.
[Bill 78] 3
s. 3 No. Gas Amendment 2004
Principal Act
3. In this Act, the Gas Act 2000* is referred to as the
Principal Act.
Section 43 substituted
4. Section 43 of the Principal Act is repealed and the
following section is substituted:
Gas and co-located infrastructure does not
merge with land
43. In the absence of an agreement in writing to the
contrary, the ownership of a pipe, conduit or
equipment is not affected by the fact that it has
been
(a) laid or installed as gas infrastructure in
or under land; or
(b) laid or installed, in conjunction with gas
infrastructure, as telecommunications
infrastructure in or under land.
Section 86 amended (Certain gas infrastructure
developments exempt from planning approval)
5. The definition of "development" in section 86(1) of the
Principal Act is amended as follows:
(a) by inserting in paragraph (a) "(and any co-
located telecommunications infrastructure)"
after "infrastructure";
*No. 92 of 2000
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2004 Gas Amendment No. s. 5
(b) by omitting paragraph (b) and substituting the
following paragraph:
(b) if the new gas infrastructure (or
any co-located telecommunications
infrastructure) makes use of an
existing distribution system, the
upgrading of that system for the
purposes of the new gas (or co-
located telecommunications)
infrastructure.
Government Printer, Tasmania 5