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TASMANIA
__________
GAS INFRASTRUCTURE (MISCELLANEOUS
AMENDMENTS) BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 6A repealed
6. Section 8 amended (Functions of Director of Gas)
7. Section 13 amended (Obligation to preserve
confidentiality)
8. Section 14 repealed
9. Part 2, Divisions 4 and 5 repealed
10. Section 23 amended (Application for licence)
11. Section 24 amended (Consideration of application for
issue of licence)
12. Section 30 amended (Licences conferring exclusive
franchise)
13. Section 31 repealed
14. Section 32A inserted
32A. Directions to comply with licence conditions
15. Section 38 repealed
[Bill 39]-III
16. Section 38A amended (Gas codes)
17. Section 38B amended (Publication and availability of gas
codes)
18. Section 38C substituted
38C. Review, amendment and replacement of gas
codes
19. Part 3, Division 3 repealed
20. Section 53 amended (Mandatory reporting of gas
incidents)
21. Section 54 amended (Safety and operating plan)
22. Section 55 amended (Auditing of safety and operating
plan for facility)
23. Section 69 amended (Relevant standard)
24. Section 70 amended (Approval of gas appliances)
25. Section 71 amended (Labelling of gas appliances)
26. Section 72 amended (Application for approval of gas
appliances)
27. Section 79A amended (Prohibition of supply of appliances
or components)
28. Section 79C amended (Recall of appliances or
components)
29. Part 4, Division 6 inserted
Division 6 Pipeline planning corridors
79D. Interpretation
79E. Declaration of pipeline planning corridors
79F. Effect of declarations: permitted development
applications
79G. Effect of declarations: discretionary development
applications
79H. Orders of Tribunal
79I. Effect of declarations: minor amendments of
permits
79J. Effect of declarations: compensation and land
acquisition
30. Section 82 amended (Gas officer's identity card)
31. Section 102A substituted
2
102A. Interpretation
32. Section 110 repealed
33. Section 111 amended (Appeal against decisions)
34. Section 115 amended (Reference to Tribunal)
35. Section 124 amended (Unlawful abstraction or diversion
of gas)
36. Section 129 amended (Statutory declarations)
37. Gas Infrastructure (Miscellaneous Amendments) Act 2002
amended
3
4
GAS INFRASTRUCTURE (MISCELLANEOUS
AMENDMENTS) BILL 2003
(Brought in by the Minister for Economic Development,
Energy and Resources, the Honourable Paul Anthony
Lennon)
A BILL FOR
An Act to amend the Gas Act 2000 and the Gas
Infrastructure (Miscellaneous Amendments) Act 2002
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 Infrastructure
(Miscellaneous Amendments) Act 2003.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Principal Act
3. In this Act, the Gas Act 2000* is referred to as the
Principal Act.
*No. 92 of 2000
[Bill 39] 5
s. 4 No. Gas Infrastructure (Miscellaneous 2003
Amendments)
Section 3 amended (Interpretation)
4. Section 3(1) of the Principal Act is amended as follows:
(a) by omitting the definition of "contestable
customer";
(b) by omitting the definition of "foundation
customer";
(c) by omitting "except in Part 4" from paragraph
(a) of the definition of "gas" and substituting
"except in Parts 3 and 4";
(d) by omitting the definition of "gas-pricing
order";
(e) by omitting the definition of "non-contestable
customer";
(f) by omitting the definition of "Regulator";
(g) by omitting "Approval" from the definition of
"Tribunal" and substituting "Appeal".
Section 6A repealed
5. Section 6A of the Principal Act is repealed.
Section 8 amended (Functions of Director of Gas)
6. Section 8(2A) of the Principal Act is amended by
omitting "of Gas".
6
2003 Gas Infrastructure (Miscellaneous No. s. 7
Amendments)
Section 13 amended (Obligation to preserve
confidentiality)
7. Section 13(2) of the Principal Act is amended by
omitting ", including the Regulator and persons assisting
the Regulator".
Section 14 repealed
8. Section 14 of the Principal Act is repealed.
Part 2, Divisions 4 and 5 repealed
9. Divisions 4 and 5 of Part 2 of the Principal Act are
repealed.
Section 23 amended (Application for licence)
10. Section 23(1) of the Principal Act is amended by
omitting paragraph (b) and substituting the following
paragraph:
(b) be supported by such information or evidence
as the Director may require.
Section 24 amended (Consideration of application
for issue of licence)
11. Section 24(2) of the Principal Act is amended by
omitting paragraph (d).
7
s. 12 No. Gas Infrastructure (Miscellaneous 2003
Amendments)
Section 30 amended (Licences conferring exclusive
franchise)
12. Section 30 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "who has been
selected by tender";
(b) by omitting from subsection (7)(a) "non-
contestable";
(c) by omitting from subsection (7)(b) "non-
contestable".
Section 31 repealed
13. Section 31 of the Principal Act is repealed.
Section 32A inserted
14. After section 32 of the Principal Act, the following
section is inserted in Division 1:
Directions to comply with licence conditions
32A. (1) The Director of Gas, if satisfied on
reasonable grounds that a gas entity has been or is
failing to comply with the conditions of its licence,
may give the gas entity a direction requiring it to
take such action as the Director considers necessary
to secure compliance with those conditions.
(2) A direction must be given by written notice
or, if the Director is of the opinion that immediate
action is required, it may be given orally.
8
2003 Gas Infrastructure (Miscellaneous No. s. 14
Amendments)
(3) If a direction is given orally, it must be
confirmed in writing as soon as practicable after
being given.
(4) A direction must state the action required
to be taken by the gas entity and the time within
which the action is required to be taken.
(5) A gas entity that is given a direction under
this section must comply with the direction.
Penalty: Fine not exceeding 500 penalty units
and, in the case of a continuing
offence, a further fine not exceeding
100 penalty units for each day during
which the offence continues.
(6) If a gas entity fails to comply with a
direction given to it under this section
(a) the Director of Gas, or a person
authorised in writing by the Director,
may take any action that is reasonable
and necessary to give effect to the
direction; and
(b) the costs incurred in giving effect to the
direction under paragraph (a) are
recoverable from the gas entity in any
court of competent jurisdiction as a debt
due to the Crown from the gas entity;
and
(c) for the purposes of giving effect to the
direction, neither the Director of Gas nor
a person authorised by the Director
under paragraph (a) is required to hold a
licence.
9
s. 15 No. Gas Infrastructure (Miscellaneous 2003
Amendments)
Section 38 repealed
15. Section 38 of the Principal Act is repealed.
Section 38A amended (Gas codes)
16. Section 38A of the Principal Act is amended as follows:
(a) by omitting subsections (1) and (2) and
substituting the following subsections:
(1) Either of the following persons may
issue gas codes:
(a) the Minister;
(b) the Director of Gas.
(2) A code may provide for any matter
relating or incidental to the distribution or
retailing of gas.
(b) by inserting the following subsections after
subsection (6):
(7) The Minister is to notify the Director
of Gas whenever the Minister issues a code
and provide the Director with a copy of the
code.
(8) The Director of Gas is to notify the
Minister whenever the Director issues a code
and provide the Minister with a copy of the
code.
10
2003 Gas Infrastructure (Miscellaneous No. s. 17
Amendments)
Section 38B amended (Publication and availability
of gas codes)
17. Section 38B of the Principal Act is amended by
omitting subsection (1) and substituting the following
subsection:
(1) As soon as practicable after the Minister or
the Director of Gas issues a code, the Director of Gas
is to cause it to be published in the Gazette.
Section 38C substituted
18. Section 38C of the Principal Act is repealed and the
following section is substituted:
Review, amendment and replacement of gas
codes
38C. (1) In this section
"issuing authority" means the Minister or
the Director of Gas;
"protected provision" means a code
provision that is identified, in the code,
as a provision that is not to be omitted
from the code, or amended, without the
Minister's written approval.
(2) An issuing authority may, on its own
initiative or at the request of any person, review a
code issued by that authority.
(3) The Director of Gas is to review a code
issued by the Director when required to do so by the
Minister.
11
s. 19 No. Gas Infrastructure (Miscellaneous 2003
Amendments)
(4) An issuing authority may amend, rescind
or substitute a code issued by that authority as
specified in, and in accordance with, the code.
(5) Despite subsection (4), the Director of Gas
must not do any of the following without first
obtaining the written approval of the Minister:
(a) amend a protected provision of a code;
(b) amend a code by omitting a protected
provision;
(c) rescind or substitute a code containing a
protected provision.
Part 3, Division 3 repealed
19. Division 3 of Part 3 of the Principal Act is repealed.
Section 53 amended (Mandatory reporting of gas
incidents)
20. Section 53 of the Principal Act is amended as follows:
(a) by inserting in subsection (2) "of Gas Safety"
after "Director";
(b) by inserting in subsection (3) "of Gas Safety"
after "Director".
Section 54 amended (Safety and operating plan)
21. Section 54 of the Principal Act is amended as follows:
(a) by inserting in subsection (2) "of Gas Safety"
after "to the Director";
12
2003 Gas Infrastructure (Miscellaneous No. s. 22
Amendments)
(b) by inserting in subsection (4) "of Gas Safety"
after "Director".
Section 55 amended (Auditing of safety and
operating plan for facility)
22. Section 55(2) of the Principal Act is amended by
inserting "of Gas Safety" after "Director".
Section 69 amended (Relevant standard)
23. Section 69 of the Principal Act is amended as follows:
(a) by inserting in subsection (1)(b) "of Gas
Safety" after "Director";
(b) by inserting in subsection (2) "of Gas Safety"
after "Director".
Section 70 amended (Approval of gas appliances)
24. Section 70(3) of the Principal Act is amended by
inserting "of Gas Safety" after "Director".
Section 71 amended (Labelling of gas appliances)
25. Section 71(2)(b) of the Principal Act is amended by
inserting "of Gas Safety" after "an appliance is approved
by the Director".
13
s. 26 No. Gas Infrastructure (Miscellaneous 2003
Amendments)
Section 72 amended (Application for approval of gas
appliances)
26. Section 72(b) of the Principal Act is amended as
follows:
(a) by inserting in subparagraph (i) "of Gas
Safety" after "Director";
(b) by inserting in subparagraph (iii) "of Gas
Safety" after "Director";
(c) by inserting in subparagraph (iv) "of Gas
Safety" after "Director".
Section 79A amended (Prohibition of supply of
appliances or components)
27. Section 79A of the Principal Act is amended as follows:
(a) by inserting in subsection (3) "of Gas" after
"Director";
(b) by inserting in subsection (5) "of Gas" after
"The Director";
(c) by inserting in subsection (6) "of Gas" after
"Director";
(d) by inserting in subsection (7) "of Gas" after
"Director";
(e) by inserting in subsection (8) "of Gas Safety"
after "Director".
14
2003 Gas Infrastructure (Miscellaneous No. s. 28
Amendments)
Section 79C amended (Recall of appliances or
components)
28. Section 79C(5) of the Principal Act is amended by
inserting "of Gas Safety" after "Director".
Part 4, Division 6 inserted
29. After section 79C of the Principal Act, the following
Division is inserted in Part 4:
Division 6 Pipeline planning corridors
Interpretation
79D. (1) In this Division
"affected pipeline" means the pipeline in
respect of which a pipeline planning
corridor has been declared under this
Division;
"appeal" means an appeal to the Tribunal
under Division 3 of Part 4 of the Land
Use Planning and Approvals Act 1993;
"AS 2885" means AS 2885 Pipelines - Gas and
liquid petroleum published by the
Standards Association of Australia, as in
force from time to time (including any
code or standard having effect under
that standard);
"condition" includes restriction;
"discretionary development" means a
development or use to which section 57
of the Land Use Planning and Approvals
Act 1993 applies;
15
s. 29 No. Gas Infrastructure (Miscellaneous 2003
Amendments)
"permitted development" means a
development or use to which section 58
of the Land Use Planning and Approvals
Act 1993 applies;
"pipeline" means a pipe or system of pipes for
use for, or in connection with, the
distribution and supply of gas to persons
for consumption, but does not include
(a) a pipeline in respect of which a
licence has been granted or is
required under the Gas Pipelines
Act 2000; or
(b) a system of pipes and equipment
(i) installed in a place for the
conveyance and use of gas
from a pressurised vessel
situated in the place; and
(ii) not extending to, or
connected to pipes in, some
other place in separate
occupation; or
(c) pipes or equipment declared by the
regulations not to be, or not to
form part of, a distribution system;
or
(d) a pipeline or class of pipelines
which, under section 3(3), is to be
treated as not forming part of a
distribution system for the
purposes of this Act;
"pipeline licensee", for a pipeline planning
corridor, means
16
2003 Gas Infrastructure (Miscellaneous No. s. 29
Amendments)
(a) if the affected pipeline is a
proposed pipeline, the gas entity
licensed to construct the pipeline;
or
(b) if the affected pipeline is an
existing pipeline, the gas entity
licensed to operate the pipeline;
"pipeline planning corridor" means a
planning corridor declared by an order
in force under section 79E(1);
"planning authority" means a planning
authority within the meaning of the
Land Use Planning and Approvals Act
1993;
"safety condition" means a condition
imposed on a permit for a permitted or
discretionary development in order to
apply, adopt or otherwise give effect to a
safety requirement contained in AS
2885.
(2) For the purposes of the definition of
"pipeline licensee" in subsection (1), a pipeline ceases
to be a proposed pipeline once it is capable of being
used by a gas entity to deliver gas to persons for
consumption.
Declaration of pipeline planning corridors
79E. (1) To limit potential impacts on the risk
profile of a proposed or existing pipeline the Minister
may, by order, declare a planning corridor in respect
of that pipeline.
17
s. 29 No. Gas Infrastructure (Miscellaneous 2003
Amendments)
(2) In determining the width of the pipeline
planning corridor the Minister may have regard to
AS 2885.
(3) The Minister may revoke an order under
subsection (1) at any time and must do so without
delay if he or she becomes aware that
(a) in the case of an order for a proposed
pipeline, the pipeline will never be
constructed or made operational; or
(b) in the case of an order for an existing
pipeline, the pipeline has been
dismantled or has ceased permanently to
be operational.
(4) The Minister is to cause notice of the
declaration of a pipeline planning corridor to be
given to the Assessment Committee for Dam
Construction constituted under section 138 of the
Water Management Act 1999.
Effect of declarations: permitted development
applications
79F. (1) If application is made for a permit for a
permitted development wholly or partly within a
pipeline planning corridor
(a) the relevant planning authority must
give the pipeline licensee notice of the
application and, subject to the time
constraints of section 58(2) of the Land
Use Planning and Approvals Act 1993,
at least 14 days in which to advise the
authority on the proposed development;
and
18
2003 Gas Infrastructure (Miscellaneous No. s. 29
Amendments)
(b) the pipeline licensee may, within that
period, give the planning authority such
advice on the application as the pipeline
licensee thinks fit and in so doing may
recommend that the permit be granted
subject to safety conditions specified in
the advice.
(2) If the pipeline licensee gives such advice,
the planning authority
(a) may have regard to the advice in
determining the application; and
(b) may, without limiting its discretion but
subject to paragraph (c), grant the
permit subject to any safety condition
recommended by the pipeline licensee
(with or without modification); and
(c) must not grant the permit subject to a
condition that conflicts with any
condition contained in the safety and
operating plan applying to the affected
pipeline under Division 2.
(3) If the planning authority decides to grant
the permit subject to a safety condition and the
applicant lodges an appeal against that decision
(a) the planning authority must give the
pipeline licensee notice of the appeal;
and
(b) the pipeline licensee is, for the purposes
of section 14 of the Resource
Management and Planning Appeal
Tribunal Act 1993, taken to be a person
whose interests are affected by the
19
s. 29 No. Gas Infrastructure (Miscellaneous 2003
Amendments)
decision and who has a proper interest
in the subject matter of the appeal.
(4) If the Tribunal is satisfied on hearing the
appeal that the safety condition
(a) was recommended to the planning
authority by the pipeline licensee; and
(b) is in the same or essentially the same
terms as the pipeline licensee
recommended; and
(c) exceeds the requirements of AS 2885 as
in force when the affected pipeline was
constructed; and
(d) has added to the cost of the
development
the Tribunal is (if it is appropriate to do so having
regard to its decision on the appeal) to order that the
pipeline licensee reimburse the applicant for the
additional cost or such part of the additional cost as
the Tribunal determines is fair in the circumstances.
Effect of declarations: discretionary
development applications
79G. (1) If application is made for a permit for a
discretionary development wholly or partly within a
pipeline planning corridor
(a) the relevant planning authority must,
when notice of the application is given
under section 57 of the Land Use
Planning and Approvals Act 1993, refer
the application to the pipeline licensee;
and
20
2003 Gas Infrastructure (Miscellaneous No. s. 29
Amendments)
(b) the pipeline licensee may, within the 14
day or further representation period
allowed under section 57(5) of the Land
Use Planning and Approvals Act 1993,
give the planning authority such advice
on the application as it thinks fit and in
so doing may recommend that, if
granted, the permit should be made
subject to safety conditions specified in
the advice.
(2) If the pipeline licensee fails to give any
such advice, the planning authority may determine
the application without further reference to the
pipeline licensee.
(3) If the pipeline licensee gives any such
advice
(a) the planning authority is to have regard
to the advice in determining the
application; and
(b) the advice is taken to be a
representation made under section 57(5)
of the Land Use Planning and Approvals
Act 1993 in relation to the application;
and
(c) the planning authority may, without
limiting its discretion in the event it
approves the application but subject to
paragraph (d), grant the permit subject
to any safety condition recommended by
the pipeline licensee (with or without
modification); and
(d) the planning authority must not grant
the permit subject to a condition that
conflicts with any condition contained in
21
s. 29 No. Gas Infrastructure (Miscellaneous 2003
Amendments)
the safety and operating plan applying
to the affected pipeline under Division 2.
(4) If the permit is granted subject to a safety
condition and the Tribunal is satisfied on an appeal
against that safety condition that it
(a) was recommended to the planning
authority by the pipeline licensee; and
(b) is in the same or essentially the same
terms as the pipeline licensee
recommended; and
(c) exceeds the requirements of AS 2885 as
in force when the affected pipeline was
constructed; and
(d) has added to the cost of the
development
the Tribunal may (if it is appropriate to do so having
regard to its decision on the appeal) order that the
pipeline licensee reimburse the applicant for the
additional cost or such part of the additional cost as
the Tribunal determines is fair in the circumstances.
(5) Section 57(2) of the Land Use Planning
and Approvals Act 1993 does not apply to an
application referred to in subsection (1).
(6) When a planning authority complies with
section 57(7) of the Land Use Planning and
Approvals Act 1993 for an application referred to in
subsection (1), it must also serve notice of its
decision on the pipeline licensee whether or not the
pipeline licensee has given it advice on the
application.
(7) The failure of a planning authority to
comply with subsection (1) for a development
22
2003 Gas Infrastructure (Miscellaneous No. s. 29
Amendments)
application does not invalidate a permit for the
development but, in any such case, the pipeline
licensee has the same right of appeal against the
grant of the permit as a person who made
representations in relation to the application.
Orders of Tribunal
79H. (1) In making an order under section 79F(4),
or in determining whether to make an order under
section 79G(4) and in making any such order, the
Tribunal is to have regard to
(a) whether or not the future land use and
development considerations applicable to
pipeline design and construction under
AS 2885, as in force when the affected
pipeline was designed, were taken into
account in the design and construction of
the affected pipeline; and
(b) whether any compensation has been
paid or awarded under the Land
Acquisition Act 1993 or Major
Infrastructure Development Approvals
Act 1999 to the owners or former owners
of land affected by the proposed
development and, if so, the amount paid
or awarded.
(2) An order of the Tribunal under
section 79F(4) or section 79G(4) is enforceable in the
same manner as a judgment of a court of competent
jurisdiction.
(3) The power of the Tribunal to make an
order under section 79F(4) or section 79G(4) on an
appeal under the Land Use Planning and Approvals
23
s. 29 No. Gas Infrastructure (Miscellaneous 2003
Amendments)
Act 1993 is in addition to any other power that it
may exercise on the appeal.
Effect of declarations: minor amendments of
permits
79I. A planning authority must, in making any
determination under section 56(2)(b) of the Land Use
Planning and Approvals Act 1993, have regard to
the safety of any affected pipeline.
Effect of declarations: compensation and land
acquisition
79J. (1) Except for any costs or compensation that
may be ordered to be paid pursuant to
(a) section 79F(4) or section 79G(4); or
(b) section 279A(2) or (3) of the Water
Management Act 1999
the declaration of a pipeline planning corridor does
not entitle a person to claim or recover compensation
under this or any other Act for any loss or detriment
that the person may suffer in consequence of the
declaration.
(2) The declaration of a pipeline planning
corridor over any land does not constitute injurious
affection of that land or any other land for the
purposes of the Land Acquisition Act 1993, Major
Infrastructure Development Approvals Act 1999 or
any other Act.
24
2003 Gas Infrastructure (Miscellaneous No. s. 30
Amendments)
Section 82 amended (Gas officer's identity card)
30. Section 82(2) of the Principal Act is amended by
omitting "must be in a form approved by the Director of
Gas and".
Section 102A substituted
31. Section 102A of the Principal Act is repealed and the
following section is substituted:
Interpretation
102A. In this Division, "appropriate authority"
means the Director of Gas or Director of Gas Safety,
whichever is appropriate.
Section 110 repealed
32. Section 110 of the Principal Act is repealed.
Section 111 amended (Appeal against decisions)
33. Section 111 of the Principal Act is amended by
omitting subsection (2).
Section 115 amended (Reference to Tribunal)
34. Section 115(1) of the Principal Act is amended by
omitting ", other than a decision of the Regulator made for
the purposes of a gas-pricing order,".
25
s. 35 No. Gas Infrastructure (Miscellaneous 2003
Amendments)
Section 124 amended (Unlawful abstraction or
diversion of gas)
35. Section 124 of the Principal Act is amended by
omitting subsection (2) and substituting the following
subsections:
(2) Subject to subsection (2A), a person must
not construct or operate a pipe that extends beyond
the boundaries of property occupied by the person if
the pipe conveys gas or the pipe's main purpose is to
convey gas.
Penalty: Fine not exceeding 100 penalty units.
(2A) A person is not guilty of an offence under
subsection (2) if
(a) the person is a gas entity; or
(b) the person is a person licensed under
Division 3 of Part 2 of the Gas Pipelines
Act 2000; or
(c) the pipe is authorised under the
regulations.
Section 129 amended (Statutory declarations)
36. Section 129 of the Principal Act is amended as follows:
(a) by omitting ", the Director of Gas Safety or the
Regulator, the relevant Director or the
Regulator" and substituting "or Director of
Gas Safety, the relevant Director";
(b) by omitting "verified in accordance with the
requirements of the relevant Director or
Regulator." and substituting "so verified.".
26
2003 Gas Infrastructure (Miscellaneous No. s. 37
Amendments)
Gas Infrastructure (Miscellaneous Amendments) Act
2002 amended
37. Section 11 of the Gas Infrastructure (Miscellaneous
Amendments) Act 2002 is amended as follows:
(a) by omitting paragraph (b) and substituting the
following paragraph:
(b) by inserting the following
subsections after subsection (2):
(2A) The regulations may prescribe
standard conditions that are taken to apply to
every permission granted under
subsection (1)(e) and, if such standard
conditions are prescribed, the conditions that
the corporation imposes on a permission
granted by it under that subsection apply only
in so far as they are not inconsistent with
those standard conditions.
(2B) Without limiting the generality of
subsection (2A), a standard condition may
(a) impose requirements that the gas
installer must comply with before,
during or after the carrying out of
the gas installation work; or
(b) require the gas installer to meet
all or any part of the cost of the
gas installation work; or
(c) require the gas installer to meet
all or any part of the costs
incurred by the corporation by
reason of the proposal to carry out
the gas installation work or the
carrying out of that work; or
27
s. 37 No. Gas Infrastructure (Miscellaneous 2003
Amendments)
(d) impose a liability on the gas
installer to pay monies to the
corporation or any other person in
relation to
(i) loss or damage arising from
or in connection with the gas
installation work; or
(ii) costs incurred in making
good any deficiency in the
gas installation work; or
(e) impose a liability on the gas
installer to meet the cost of
repairing any damage to the
infrastructure installed by the gas
installer resulting from a failure
by the gas installer to
(i) record or accurately record
the location of the
infrastructure; or
(ii) inform or accurately inform
any person of the location of
the infrastructure.
(2C) Monies that are payable to the
corporation or any other person under a
standard condition may be recovered in a court
of competent jurisdiction as a debt due to the
corporation or that person.
(b) by inserting the following paragraph after
paragraph (d):
(da) by omitting subsection (6) and
substituting the following
subsection:
28
2003 Gas Infrastructure (Miscellaneous No. s. 37
Amendments)
(6) A person must not
(a) without permission under
subsection (1), do any of the things
specified in that subsection; or
(b) contravene a condition subject to
which a permission under
subsection (1) is granted; or
(c) contravene a standard condition
that, by virtue of subsection (2A),
is taken to apply to a permission
granted under subsection (1)(e).
Penalty: Fine not exceeding 100 penalty
units.
(c) by omitting, from paragraph (e), new
subsection (11) of section 46 of the Local
Government (Highways) Act 1982 and
substituting the following subsection:
(11) In this section
"gas installation work" means work
carried out pursuant to a
permission granted under
subsection (1)(e), including any
work required by
(a) a condition subject to which
the permission is granted;
(b) a standard condition that, by
virtue of subsection (2A), is
taken to apply to the
permission;
29
s. 37 No. Gas Infrastructure (Miscellaneous 2003
Amendments)
"gas installer" means a person granted
permission under subsection (1) to
carry out gas installation work;
"Tribunal" means the Resource
Management and Planning Appeal
Tribunal established under the
Resource Management and
Planning Appeal Tribunal Act
1993.
30 Government Printer, Tasmania