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TASMANIA
__________
NATIONAL GAS (TASMANIA) BILL 2008
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Act binds Crown
5. Application to coastal waters
6. Extra-territorial operation
PART 2 NATIONAL GAS (TASMANIA) LAW AND NATIONAL GAS
(TASMANIA) REGULATIONS
7. Application of National Gas Law
8. Application of regulations under National Gas Law
9. Interpretation of some expressions in National Gas (Tasmania)
Law and National Gas (Tasmania) Regulations
PART 3 CROSS VESTING OF POWERS
10. Conferral of powers on Commonwealth Minister and
Commonwealth bodies to act in this State
11. Conferral of powers on Ministers of participating States and
Territories to act in this State
12. Conferral of functions or powers on State Minister
[Bill 25]-I
PART 4 MISCELLANEOUS
13. Exemption from taxes
14. Actions in relation to cross boundary pipelines
15. Conferral of functions and powers on Commonwealth bodies
16. Regulations
17. Amendment of this Act when Offshore Petroleum Act 2006 of
Commonwealth commences
18. Administration of Act
19. Legislation repealed
20. Legislation rescinded
SCHEDULE 1 LEGISLATION REPEALED
SCHEDULE 2 LEGISLATION RESCINDED
2
NATIONAL GAS (TASMANIA) BILL 2008
(Brought in by the Minister for Energy and Resources, the
Honourable David Edward Llewellyn)
A BILL FOR
An Act to establish a framework to enable third parties to
gain access to certain natural gas pipeline services, to
repeal the Gas Pipelines Access (Tasmania) Act 2000, and
for other purposes
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
1. Short title
This Act may be cited as the National Gas
(Tasmania) Act 2008.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
3. Interpretation
(1) In this Act
[Bill 25] 3
National Gas (Tasmania) Act 2008
Act No. of
s. 4 Part 1 Preliminary
"National Gas (Tasmania) Law" means the
provisions applying because of section 7;
"National Gas (Tasmania) Regulations"
means the provisions applying because of
section 8;
"South Australian Act" means the National
Gas (South Australia) Act 2008.
(2) Words and expressions used in the National Gas
(Tasmania) Law and in this Act have the same
respective meanings in this Act as they have in
that Law.
(3) This section does not apply to the extent that the
context or subject matter otherwise indicates or
requires.
4. Act binds Crown
This Act, the National Gas (Tasmania) Law and
the National Gas (Tasmania) Regulations bind
the Crown, in right of Tasmania and, so far as
the legislative power of Parliament permits, the
Crown in all its other capacities.
5. Application to coastal waters
(1) This Act, the National Gas (Tasmania) Law and
the National Gas (Tasmania) Regulations apply
in the coastal waters of this State as if the coastal
waters were within the limits of the State.
4
National Gas (Tasmania) Act 2008
Act No. of
Part 1 Preliminary s. 6
(2) In this section
"adjacent area in respect of the State"
means the adjacent area of this
jurisdiction under the National Gas
(Tasmania) Law (as defined in
section 9(1) of this Act);
"coastal waters", in relation to this State,
means any sea that is on the landward
side of the adjacent area in respect of the
State but is not within the limits of the
State.
6. Extra-territorial operation
It is the intention of Parliament that this Act, the
National Gas (Tasmania) Law and the National
Gas (Tasmania) Regulations should, so far as
possible, operate to the full extent of the extra-
territorial legislative power of the State.
5
National Gas (Tasmania) Act 2008
Act No. of
s. 7 Part 2 National Gas (Tasmania) Law and National Gas (Tasmania)
Regulations
PART 2 NATIONAL GAS (TASMANIA) LAW AND
NATIONAL GAS (TASMANIA) REGULATIONS
7. Application of National Gas Law
The National Gas Law set out in the Schedule to
the South Australian Act, as in force for the time
being
(a) applies as a law of Tasmania; and
(b) as so applying, may be referred to as the
National Gas (Tasmania) Law.
8. Application of regulations under National Gas Law
The regulations in force for the time being under
Part 3 of the South Australian Act
(a) apply as regulations in force for the
purposes of the National Gas (Tasmania)
Law; and
(b) as so applying, may be referred to as the
National Gas (Tasmania) Regulations.
9. Interpretation of some expressions in National Gas
(Tasmania) Law and National Gas (Tasmania)
Regulations
(1) In the National Gas (Tasmania) Law and the
National Gas (Tasmania) Regulations
6
National Gas (Tasmania) Act 2008
Act No. of
Part 2 National Gas (Tasmania) Law and National Gas (Tasmania) s. 9
Regulations
"adjacent area of another participating
jurisdiction" means the area that is
identified in section 5A of the Petroleum
(Submerged Lands) Act 1967 of the
Commonwealth as being the adjacent
area in respect of a State (other than this
State) or in respect of the Northern
Territory;
"adjacent area of this jurisdiction" means
the area that is identified in section 5A of
the Petroleum (Submerged Lands) Act
1967 of the Commonwealth as being the
adjacent area in respect of this State;
"Court" means the Supreme Court of
Tasmania;
"designated Minister" means the
Commonwealth Minister;
"Legislature of this jurisdiction" means the
Parliament of Tasmania;
"National Gas Law" or "this law" means the
National Gas (Tasmania) Law;
"this jurisdiction" means the State of
Tasmania.
(2) The Acts Interpretation Act 1915, and other
Acts, of South Australia do not apply to
(a) the National Gas Law set out in the
Schedule to the South Australian Act in
its application as a law of Tasmania; or
7
National Gas (Tasmania) Act 2008
Act No. of
s. 9 Part 2 National Gas (Tasmania) Law and National Gas (Tasmania)
Regulations
(b) the regulations in force for the time being
under Part 3 of the South Australian Act
in their application as regulations in force
for the purposes of the National Gas
(Tasmania) Law.
8
National Gas (Tasmania) Act 2008
Act No. of
Part 3 Cross Vesting of Powers s. 10
PART 3 CROSS VESTING OF POWERS
10. Conferral of powers on Commonwealth Minister
and Commonwealth bodies to act in this State
(1) The Commonwealth Minister and the
Commonwealth bodies have power to do acts in
or in relation to this State in the performance or
exercise of a function or power expressed to be
conferred on them respectively by the national
gas legislation of another participating
jurisdiction.
(2) In this section
"Commonwealth bodies" means any of the
following:
(a) AER;
(b) NCC;
(c) the Tribunal.
11. Conferral of powers on Ministers of participating
States and Territories to act in this State
The Minister of a participating jurisdiction has
power to do acts in or in relation to this State in
the performance or exercise of a function or
power expressed to be conferred on the Minister
by the national gas legislation of another
participating jurisdiction.
9
National Gas (Tasmania) Act 2008
Act No. of
s. 12 Part 3 Cross Vesting of Powers
12. Conferral of functions or powers on State Minister
If the national gas legislation of another
participating jurisdiction confers a function or
power on the Minister, the Minister
(a) may perform that function or exercise
that power; and
(b) may do all things necessary or
convenient to be done in connection with
the performance or exercise of that
function or power.
10
National Gas (Tasmania) Act 2008
Act No. of
Part 4 Miscellaneous s. 13
PART 4 MISCELLANEOUS
13. Exemption from taxes
(1) Any duty or other tax imposed by or under a law
of this State is not payable in relation to
(a) an exempt matter; or
(b) anything done (including, for example, a
transaction entered into or an instrument
or document made, executed, lodged or
given) because of, or arising out of, an
exempt matter.
(2) In this section
"exempt matter" means a transfer of assets
or liabilities
(a) that is made for the purpose of
ensuring that a person does not
carry on a business of producing,
purchasing or selling natural gas
or processable gas in breach of
any ring fencing requirements of
the national gas legislation or for
the purpose of the separation of
certain businesses or business
activities from other businesses
or business activities of a person
as required by an AER ring
fencing determination; and
11
National Gas (Tasmania) Act 2008
Act No. of
s. 14 Part 4 Miscellaneous
(b) that the Treasurer declares from
time to time by notice in the
Gazette to be an exempt matter
for the purposes of this section.
14. Actions in relation to cross boundary pipelines
(1) If a pipeline is a cross boundary pipeline, any
action taken under the national gas legislation of
a participating jurisdiction in whose
jurisdictional area a part of the pipeline is
situated
(a) by, or in relation to, a relevant Minister;
or
(b) by the Court within the meaning of that
legislation in relation to the action taken
by, or in relation to, a relevant Minister
is taken also to be taken under the national gas
legislation of each participating jurisdiction in
whose jurisdictional area a part of the pipeline is
situated ("that other legislation")
(c) by, or in relation to, a relevant Minister
within the meaning of that other
legislation; or
(d) by the Court within the meaning of that
other legislation
as the case requires.
12
National Gas (Tasmania) Act 2008
Act No. of
Part 4 Miscellaneous s. 14
(2) Despite subsection (1), no proceeding for
judicial review or for a declaration, injunction,
writ, order or remedy may be brought before the
Court to challenge or question any action, or
purported action, of a relevant Minister taken, or
purportedly taken, in relation to a cross boundary
distribution pipeline unless this jurisdiction has
been determined to be the participating
jurisdiction with which the cross boundary
distribution pipeline is most closely connected.
(3) A reference in this section
(a) to an action that is taken includes a
reference to
(i) a decision or determination that is
made; or
(ii) an omission that is made; and
(b) to a purported action that is purportedly
taken includes a reference to a purported
decision or determination that is
purportedly made.
(4) In this section
"cross boundary pipeline" means
(a) a cross boundary transmission
pipeline; or
(b) a cross boundary distribution
pipeline.
13
National Gas (Tasmania) Act 2008
Act No. of
s. 15 Part 4 Miscellaneous
15. Conferral of functions and powers on
Commonwealth bodies
(1) Clause 2 of Schedule 2 to the National Gas
(Tasmania) Law has effect in relation to the
operation of any provision of this Act, or any
regulation forming part of the National Gas
(Tasmania) Regulations, as if the provision or
regulation formed part of the National Gas
(Tasmania) Law.
(2) Subsection (1) does not limit the effect that a
provision or regulation would validly have apart
from the subsection.
16. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) The regulations may contain provisions of a
savings or transitional nature consequent on the
enactment of a provision of this Act.
17. Amendment of this Act when Offshore Petroleum
Act 2006 of Commonwealth commences
On the commencement of section 7 of the
Offshore Petroleum Act 2006 of the
Commonwealth, the definitions of "adjacent area
of another participating jurisdiction" and
"adjacent area of this jurisdiction" are omitted
14
National Gas (Tasmania) Act 2008
Act No. of
Part 4 Miscellaneous s. 18
from section 9(1) of this Act and the following
definitions are inserted:
"adjacent area of another participating
jurisdiction" means the offshore area of
a State (other than this State) or the
Northern Territory within the meaning of
section 7 of the Offshore Petroleum Act
2006 of the Commonwealth;
"adjacent area of this jurisdiction" means
the offshore area of the State within the
meaning of section 7 of the Offshore
Petroleum Act 2006 of the
Commonwealth.
18. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990
(a) the administration of this Act is assigned
to the Minister for Energy and
Resources; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of
Infrastructure, Energy and Resources.
15
National Gas (Tasmania) Act 2008
Act No. of
s. 19 Part 4 Miscellaneous
19. Legislation repealed
The legislation specified in Schedule 1 is
repealed.
20. Legislation rescinded
The legislation specified in Schedule 2 is
rescinded.
16
National Gas (Tasmania) Act 2008
Act No. of
sch. 1
SCHEDULE 1 LEGISLATION REPEALED
Section 19
Gas Pipelines Access (Tasmania) Act 2000 (No. 61 of 2000)
17
National Gas (Tasmania) Act 2008
Act No. of
sch. 2
SCHEDULE 2 LEGISLATION RESCINDED
Section 20
Gas Pipelines Access (Tasmania) Regulations 2001 (No. 61 of
2001)
18 Government Printer, Tasmania