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TASMANIA
__________
GAS PIPELINES PLANNING AND SAFETY
(MISCELLANEOUS AMENDMENTS) BILL
2002
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 GAS PIPELINES ACT 2000 AMENDED
3. Principal Act
4. Section 47 amended (Requirement for safety and
operating plan for pipelines)
5. Part 3, Division 4 inserted
Division 4 Pipeline planning corridors
70A. Interpretation
70B. Declaration of pipeline planning corridors
70C. Effect of declarations: permitted development
applications
70D. Effect of declarations: discretionary development
applications
70E. Orders of Tribunal
70F. Effect of declarations: minor amendments of
permits
70G. Effect of declarations: compensation and land
acquisition
6. Section 92 repealed
[Bill 93]-III
PART 3 LAND ACQUISITION ACT 1993 AMENDED
7. Principal Act
8. Section 27 amended (Basis of compensation)
PART 4 LAND USE PLANNING AND APPROVALS ACT
1993 AMENDED
9. Principal Act
10. Section 20 amended (What can a planning scheme
provide for?)
11. Section 32 amended (Requirements for preparation of
amendments)
PART 5 WATER MANAGEMENT ACT 1999 AMENDED
12. Principal Act
13. Section 3 amended (Interpretation)
14. Section 144 amended (Delegation of grant of permit)
15. Section 145 amended (Notice of application not required
for certain dams)
16. Section 149 amended (Notice of application for permit)
17. Section 155 amended (Information to be provided)
18. Section 158 amended (Refusal of application for permit)
19. Section 279A inserted
279A. Compensatory orders for gas pipeline safety
detriments
2
GAS PIPELINES PLANNING AND SAFETY
(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 Pipelines Act 2000, Land
Acquisition Act 1993, Land Use Planning and
Approvals Act 1993 and Water Management Act 1999
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 Pipelines Planning
and Safety (Miscellaneous Amendments) Act 2002.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
[Bill 93] 3
s. 3 No. Gas Pipelines Planning and Safety 2002
(Miscellaneous Amendments)
PART 2 GAS PIPELINES ACT 2000 AMENDED
Principal Act
3. In this Part, the Gas Pipelines Act 2000* is referred to
as the Principal Act.
Section 47 amended (Requirement for safety and
operating plan for pipelines)
4. Section 47(3) of the Principal Act is amended by
omitting "facility" and substituting "pipeline".
Part 3, Division 4 inserted
5. After section 70 of the Principal Act, the following
Division is inserted in Part 3:
Division 4 Pipeline planning corridors
Interpretation
70A. 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;
*No. 91 of 2000
4
2002 Gas Pipelines Planning and Safety No. s. 5
(Miscellaneous Amendments)
"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;
"permitted development" means a
development or use to which section 58
of the Land Use Planning and Approvals
Act 1993 applies;
"pipeline licensee", for a pipeline planning
corridor, means the holder of a pipeline
licence for the affected pipeline;
"pipeline planning corridor" means a
planning corridor declared by an order
in force under section 70B(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.
5
s. 5 No. Gas Pipelines Planning and Safety 2002
(Miscellaneous Amendments)
Declaration of pipeline planning corridors
70B. (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.
(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
70C. (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
6
2002 Gas Pipelines Planning and Safety No. s. 5
(Miscellaneous Amendments)
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
(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 certified under
section 47(3) for the affected pipeline.
(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
7
s. 5 No. Gas Pipelines Planning and Safety 2002
(Miscellaneous Amendments)
(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
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 effected 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
70D. (1) If application is made for a permit for a
discretionary development wholly or partly within a
pipeline planning corridor
8
2002 Gas Pipelines Planning and Safety No. s. 5
(Miscellaneous Amendments)
(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
(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
9
s. 5 No. Gas Pipelines Planning and Safety 2002
(Miscellaneous Amendments)
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
the safety and operating plan certified
under section 47(3) for the affected
pipeline.
(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
10
2002 Gas Pipelines Planning and Safety No. s. 5
(Miscellaneous Amendments)
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
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
70E. (1) In making an order under section 70C(4),
or in determining whether to make an order under
section 70D(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.
11
s. 5 No. Gas Pipelines Planning and Safety 2002
(Miscellaneous Amendments)
(2) An order of the Tribunal under
section 70C(4) or section 70D(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 70C(4) or section 70D(4) on an
appeal under the Land Use Planning and Approvals
Act 1993 is in addition to any other power that it
may exercise on the appeal.
Effect of declarations: minor amendments of
permits
70F. 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
70G. (1) Except for any costs or compensation that
may be ordered to be paid pursuant to
(a) section 70C(4) or section 70D(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.
12
2002 Gas Pipelines Planning and Safety No. s. 6
(Miscellaneous Amendments)
(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.
Section 92 repealed
6. Section 92 of the Principal Act is repealed.
13
s. 7 No. Gas Pipelines Planning and Safety 2002
(Miscellaneous Amendments)
PART 3 LAND ACQUISITION ACT 1993 AMENDED
Principal Act
7. In this Part, the Land Acquisition Act 1993* is referred
to as the Principal Act.
Section 27 amended (Basis of compensation)
8. Section 27(1) of the Principal Act is amended by
inserting after paragraph (f) the following paragraph:
(fa) whether, under any other Act, the claimant or
a former owner of the subject land has been
paid or awarded any compensation or
compensatory costs in connection with the
authorised purposes for which it is being
acquired;
*No. 23 of 1993
14
2002 Gas Pipelines Planning and Safety No. s. 9
(Miscellaneous Amendments)
PART 4 LAND USE PLANNING AND APPROVALS
ACT 1993 AMENDED
Principal Act
9. In this Part, the Land Use Planning and Approvals Act
1993* is referred to as the Principal Act.
Section 20 amended (What can a planning scheme
provide for?)
10. Section 20(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (d) "prepared."
and substituting "prepared; and";
(b) by inserting the following paragraph after
paragraph (d):
(e) must have regard to the safety
requirements set out in the
standards prescribed under the
Gas Pipelines Act 2000.
Section 32 amended (Requirements for preparation
of amendments)
11. Section 32(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (c) "land." and
substituting "land; and";
*No. 70 of 1993
15
s. 11 No. Gas Pipelines Planning and Safety 2002
(Miscellaneous Amendments)
(b) by inserting the following paragraph after
paragraph (c):
(d) must have regard to the safety
requirements set out in the
standards prescribed under the
Gas Pipelines Act 2000.
16
2002 Gas Pipelines Planning and Safety No. s. 12
(Miscellaneous Amendments)
PART 5 WATER MANAGEMENT ACT 1999
AMENDED
Principal Act
12. In this Part, the Water Management Act 1999* is
referred to as the Principal Act.
Section 3 amended (Interpretation)
13. Section 3(1) of the Principal Act is amended by
inserting after the definition of "person" the following
definitions:
"pipeline licensee" has the same meaning as in
Division 4 of Part 3 of the Gas Pipelines Act
2000;
"pipeline planning corridor" has the same
meaning as in Division 4 of Part 3 of the Gas
Pipelines Act 2000;
Section 144 amended (Delegation of grant of permit)
14. Section 144 of the Principal Act is amended by
omitting subsection (3) and substituting the following
subsection:
(3) Subsection (1) does not apply in respect
of
(a) a dam that may have a significant
adverse impact on another person; or
*No. 45 of 1999
17
s. 15 No. Gas Pipelines Planning and Safety 2002
(Miscellaneous Amendments)
(b) a dam that may cause material or
serious environmental harm; or
(c) unless the Assessment Committee has
the written consent of the pipeline
licensee to the delegation, a dam that is
wholly or partly within a pipeline
planning corridor.
Section 145 amended (Notice of application not
required for certain dams)
15. Section 145 of the Principal Act is amended by
omitting subsection (2) and substituting the following
subsection:
(2) Subsection (1) does not apply to
(a) any such dam that may have a
significant adverse impact on another
person; or
(b) any such dam that may cause material
or serious environmental harm; or
(c) unless the Assessment Committee has
the written consent of the pipeline
licensee to the making of the
determination, any such dam that is
wholly or partly within a pipeline
planning corridor.
Section 149 amended (Notice of application for
permit)
16. Section 149(1) of the Principal Act is amended as
follows:
18
2002 Gas Pipelines Planning and Safety No. s. 17
(Miscellaneous Amendments)
(a) by omitting from paragraph (b) "situated." and
substituting "situated; and";
(b) by inserting the following paragraph after
paragraph (b):
(c) if the proposed dam works are
wholly or partly within a pipeline
planning corridor, notify the
person licensed under the Gas
Pipelines Act 2000 to operate the
pipeline in the pipeline planning
corridor.
Section 155 amended (Information to be provided)
17. Section 155(2) of the Principal Act is amended by
omitting paragraph (g) and substituting the following
paragraphs:
(g) a pipeline planning corridor; or
(h) likely effects on other persons
Section 158 amended (Refusal of application for
permit)
18. Section 158(1) of the Principal Act is amended by
inserting after paragraph (d) the following paragraph:
(da) if the proposed dam works are wholly or partly
within a pipeline planning corridor and are
likely to compromise the safety or safe
operation of the pipeline in the pipeline
planning corridor; or
19
s. 19 No. Gas Pipelines Planning and Safety 2002
(Miscellaneous Amendments)
Section 279A inserted
19. After section 279 of the Principal Act, the following
section is inserted in Division 2:
Compensatory orders for gas pipeline safety
detriments
279A. (1) In this section
"appeal" means an appeal to the Appeal
Tribunal
(a) by a pipeline licensee against the
grant of a permit; or
(b) by an applicant against the refusal
to grant a permit;
"permit" means a permit under Part 8 to
undertake dam works;
"representations", in relation to a permit,
means representations made to the
Assessment Committee on the
application for the permit.
(2) If the Appeal Tribunal's determination on
an appeal will result in a permit being granted
subject to conditions designed to ensure the safety or
safe operation of a pipeline in a pipeline planning
corridor and the Appeal Tribunal is satisfied that
(a) the conditions are the same or
substantially the same as conditions
that were recommended by the pipeline
licensee in representations; and
(b) the conditions will add to the cost of the
dam works; and
20
2002 Gas Pipelines Planning and Safety No. s. 19
(Miscellaneous Amendments)
(c) the pipeline licensee knew or reasonably
ought to have known of the applicant's
need or intention to undertake the dam
works before the pipeline was
constructed
the Appeal Tribunal may, in addition to any other
power it may exercise on the appeal, order that the
pipeline licensee reimburse the applicant for the
additional cost or such part of the additional cost as
the Appeal Tribunal determines is fair in the
circumstances.
(3) If the Appeal Tribunal's determination on
an appeal will result in an applicant not being
granted a permit and the Appeal Tribunal is
satisfied that
(a) the sole or principal reason why the
permit is not being granted is the
acceptance of representations made by a
pipeline licensee that the proposed dam
works would or may compromise the
safety or safe operation of a pipeline in a
pipeline planning corridor; and
(b) the applicant will suffer a loss or
detriment as a consequence of not being
granted the permit; and
(c) the pipeline licensee knew or reasonably
ought to have known of the applicant's
need or intention to undertake the dam
works before the pipeline was
constructed
the Appeal Tribunal may, in addition to any other
power that it may exercise on the appeal, order that
the pipeline licensee pay the applicant such amount
by way of compensation for the loss or detriment as
21
s. 19 No. Gas Pipelines Planning and Safety 2002
(Miscellaneous Amendments)
the Appeal Tribunal determines is fair in the
circumstances.
(4) In determining whether to make an order
under subsection (2) or (3), and in making any such
order, the Appeal Tribunal is to have regard to
whether any compensation has been paid or
awarded under the Land Acquisition Act 1993 or
Major Infrastructure Development Approvals Act
1999 to the applicant and, if so, the amount paid or
awarded.
(5) An order of the Appeal Tribunal under
subsection (2) or (3) is enforceable in the same
manner as a judgment of a court of competent
jurisdiction.
22 Government Printer, Tasmania