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TASMANIA
__________
GAS INFRASTRUCTURE (MISCELLANEOUS
AMENDMENTS) BILL 2002
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 GAS ACT 2000 AMENDED
3. Principal Act
4. Section 83A inserted
83A. Interpretation of Division
5. Section 84 amended (Power to carry out work on public
land)
6. Section 85 amended (Power to enter land for purposes
related to gas infrastructure)
7. Section 86 substituted
86. Certain gas infrastructure developments exempt
from planning approval
PART 3 GAS PIPELINES ACT 2000 AMENDED
8. Principal Act
9. Section 32 amended (Landowner's right to compensation)
[Bill 87]-III
PART 4 LOCAL GOVERNMENT (HIGHWAYS) ACT 1982
AMENDED
10. Principal Act
11. Section 46 amended (Permission to carry out various
works in relation to highways)
2
GAS INFRASTRUCTURE (MISCELLANEOUS
AMENDMENTS) BILL 2002
(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, Gas Pipelines Act
2000 and Local Government (Highways) Act 1982
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:
PART 1 PRELIMINARY
Short title
1. This Act may be cited as the Gas Infrastructure
(Miscellaneous Amendments) Act 2002.
Commencement
2. The provisions of this Act commence on a day or days to
be proclaimed.
[Bill 87] 3
s. 3 No. Gas Infrastructure (Miscellaneous 2002
Amendments)
PART 2 GAS ACT 2000 AMENDED
Principal Act
3. In this Part, the Gas Act 2000* is referred to as the
Principal Act.
Section 83A inserted
4. Before section 84 of the Principal Act, the following
section is inserted in Division 2:
Interpretation of Division
83A. In this Division
"operational work", on gas infrastructure,
means
(a) locating, inspecting, testing,
operating, maintaining, repairing,
altering, adding to, upgrading,
replacing or removing the gas
infrastructure; or
(b) excavating land in order to carry
out work of a kind referred to in
paragraph (a);
"protective work", on gas infrastructure,
means
(a) work that is necessary or
expedient for the protection of the
infrastructure or public safety; or
*No. 92 of 2000
4
2002 Gas Infrastructure (Miscellaneous No. s. 5
Amendments)
(b) excavating land in order to carry
out work of the kind referred to in
paragraph (a);
"upgrading", of gas infrastructure, includes
the insertion of a new pipe inside any
existing pipe that forms part of the
infrastructure.
Section 84 amended (Power to carry out work on
public land)
5. Section 84 of the Principal Act is amended as follows:
(a) by omitting from subsection (1)(b) "operate,
maintain, repair, alter, add to, remove and
replace" and substituting "carry out
operational work or protective work on";
(b) by omitting from subsection (1)(c) "supply of
gas " and substituting "supply of gas.";
(c) by omitting from subsection (1) "and may
excavate the land for any such purpose.";
(d) by omitting from subsection (2) "a gas entity"
and substituting "the gas entity";
(e) by omitting from subsection (2)(a) "public
land" and substituting "the public land";
(f) by omitting from subsection (3) "An agreement
under subsection (2)(b) may contain" and
substituting "The agreement under
subsection (2)(b) may include";
(g) by omitting subsection (6) and substituting the
following subsection:
5
s. 5 No. Gas Infrastructure (Miscellaneous 2002
Amendments)
(6) If the responsible authority, on being
given notice under subsection (2), decides to
(a) include, in the agreement under
that subsection, conditions that
the gas entity considers
unreasonable; or
(b) dispute that the gas entity is
entitled to carry out the proposed
work
the gas entity may appeal to the Tribunal.
(h) by omitting from subsection (7) "to a dispute
where" and substituting "if";
(i) by omitting subsections (8) and (9) and
substituting the following subsections:
(8) Except as provided by subsection (9),
the Tribunal is to hear and determine the
appeal in accordance with the Resource
Management and Planning Appeal Tribunal
Act 1993.
(9) Notwithstanding section 14(2) of the
Resource Management and Planning Appeal
Tribunal Act 1993, the Tribunal must not,
under that section, allow any person other
than the gas entity and the responsible
authority to be a party to the appeal.
(j) by omitting subsections (10) and (11);
(k) by omitting from subsection (13) "a gas entity"
and substituting "the gas entity";
(l) by inserting in subsection (13)(a) "within the
meaning of the Magistrates Court (Small
Claims Division) Act 1989" after "claim".
6
2002 Gas Infrastructure (Miscellaneous No. s. 6
Amendments)
Section 85 amended (Power to enter land for
purposes related to gas infrastructure)
6. Section 85 of the Principal Act is amended as follows:
(a) by omitting from subsection (1)(b) "inspect,
operate, maintain, repair, alter, add to, remove
or replace the infrastructure or to carry out
work for the protection of the infrastructure or
the protection of public safety." and
substituting "carry out operational work or
protective work on the infrastructure.";
(b) by omitting from subsection (6)(b) "functions"
and substituting "work";
(c) by inserting the following subsection after
subsection (8):
(9) If the occupier of the land and the
gas entity do not agree as to the extent of
compensation, the claim for compensation is to
be determined
(a) if it is a small claim within the
meaning of the Magistrates Court
(Small Claims Division) Act 1989,
by the small claims division of the
Magistrates Court; or
(b) in any other case, as if it were a
disputed claim for compensation
under the Land Acquisition Act
1993.
Section 86 substituted
7. Section 86 of the Principal Act is repealed and the
following section is substituted:
7
s. 7 No. Gas Infrastructure (Miscellaneous 2002
Amendments)
Certain gas infrastructure developments
exempt from planning approval
86. (1) In this section, "development", of new gas
infrastructure, includes
(a) the installation, construction, inspection
and commissioning of that new gas
infrastructure; and
(b) if the new gas infrastructure makes use
of an existing distribution system, the
upgrading of that system for the
purposes of the new infrastructure.
(2) Where
(a) a gas entity proposes to carry out work
on the development of new gas
infrastructure, including any necessary
excavation of land; and
(b) the work is of a prescribed kind and
meets prescribed criteria
the work does not require a planning permit under
the Land Use Planning and Approvals Act 1993.
(3) Any new gas infrastructure development
work to which subsection (2) does not apply is taken
to be a development which a planning authority has
a discretion to refuse or permit in accordance with
section 57 of the Land Use Planning and Approvals
Act 1993.
8
2002 Gas Infrastructure (Miscellaneous No. s. 8
Amendments)
PART 3 GAS PIPELINES ACT 2000 AMENDED
Principal Act
8. In this Part, the Gas Pipelines Act 2000* is referred to
as the Principal Act.
Section 32 amended (Landowner's right to
compensation)
9. Section 32(3)(a) of the Principal Act is amended by
inserting "within the meaning of the Magistrates Court
(Small Claims Division) Act 1989" after "claim".
*No. 91 of 2000
9
s. 10 No. Gas Infrastructure (Miscellaneous 2002
Amendments)
PART 4 LOCAL GOVERNMENT (HIGHWAYS) ACT
1982 AMENDED
Principal Act
10. In this Part, the Local Government (Highways) Act
1982* is referred to as the Principal Act.
Section 46 amended (Permission to carry out
various works in relation to highways)
11. Section 46 of the Principal Act is amended as follows:
(a) by omitting subsection (1) and substituting the
following subsection:
(1) A corporation may, in accordance
with its by-laws, grant a person written
permission to do any one or more of the
following things on such conditions and for
such consideration as the corporation, either
generally or in a particular case, determines:
(a) open or break up the soil or
pavement of a local highway;
(b) make a drain leading to a local
highway;
(c) put or place a pipe or make a drain
leading into a sewer or drain or
other work of the corporation in or
under a local highway;
(d) make an excavation, vault or
cellar in or under a local highway;
*No. 57 of 1982
10
2002 Gas Infrastructure (Miscellaneous No. s. 11
Amendments)
(e) install, under a local highway,
pipelines, pipe systems or other
infrastructure required for the
transmission, distribution or
supply of natural gas or other
gaseous fuels;
(f) erect a hoarding or scaffolding for
building or any other purpose in or
on a local highway.
(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 any such standard
conditions are so 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) The standard conditions may,
without limiting the generality of
subsection (2A), prescribe limitations or
requirements in relation to the reinstatement
of local highways following any excavations
having to be carried out for the purposes of
installation work referred to in
subsection (1)(e).
(c) by omitting from subsection (3) "permission
has been given under this section" and
substituting "a permission under
subsection (1) has been granted";
(d) by omitting from subsection (4) "given" and
substituting "granted";
11
s. 11 No. Gas Infrastructure (Miscellaneous 2002
Amendments)
(e) by inserting the following subsections after
subsection (6):
(7) A person may appeal to the Tribunal
if
(a) the person is aggrieved by the
refusal of a corporation to grant
the person a permission under
subsection (1); or
(b) a corporation has granted, or
indicated that it is willing to
grant, the person a permission
under subsection (1)(e) but the
person considers that the
conditions or consideration
applying to the permission are
unreasonable; or
(c) the person's permission under
subsection (1)(e) has been revoked
and the person is aggrieved by the
revocation or the conditions of the
revocation.
(8) Except as provided by subsections (9)
and (10), the Tribunal is to hear and
determine the appeal in accordance with the
Resource Management and Planning Appeal
Tribunal Act 1993.
(9) Notwithstanding section 14(2) of the
Resource Management and Planning Appeal
Tribunal Act 1993, the Tribunal must not,
under that section, allow any person other
than the person entitled to appeal by virtue of
subsection (7) and the relevant corporation to
be a party to the appeal.
12
2002 Gas Infrastructure (Miscellaneous No. s. 11
Amendments)
(10) For appeals under this section
(a) the Tribunal is to include a
member whose appointment was
on the ground that he or she has,
in the opinion of the Governor,
expertise or experience in road
construction engineering; and
(b) that member is to be designated as
such by the Governor, by
instrument in writing, for the
purposes of the Tribunal's
jurisdiction under this section.
(11) In this section, "Tribunal" means
the Resource Management and Planning
Appeal Tribunal established under the
Resource Management and Planning Appeal
Tribunal Act 1993.
Government Printer, Tasmania 13