Gas Infrastructure (Miscellaneous Amendments) Act 2002

Gas Infrastructure (Miscellaneous Amendments) Act 2002

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

1.   Short title

This Act may be cited as the Gas Infrastructure (Miscellaneous Amendments) Act 2002 .

2.   Commencement

The provisions of this Act commence on a day or days to be proclaimed.

PART 2 - Gas Act 2000 Amended

3.   Principal Act

In this Part, the Gas Act 2000 is referred to as the Principal Act.

4.    Section 83A inserted

Before section 84 of the Principal Act , the following section is inserted in Division 2:

83A.   Interpretation of Division

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

(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.

5.    Section 84 amended (Power to carry out work on public land)

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:

(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.    Section 85 amended (Power to enter land for purposes related to gas infrastructure)

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 .

7.    Section 86 substituted

Section 86 of the Principal Act is repealed and the following section is substituted:

86.   Certain gas infrastructure developments exempt from planning approval

(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 .

PART 3 - Gas Pipelines Act 2000 Amended

8.   Principal Act

In this Part, the Gas Pipelines Act 2000 is referred to as the Principal Act.

9.    Section 32 amended (Landowner's right to compensation)

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".

PART 4 - Local Government (Highways) Act 1982 Amended

10.   Principal Act

In this Part, the Local Government (Highways) Act 1982 is referred to as the Principal Act.

11.    Section 46 amended (Permission to carry out various works in relation to highways)

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;

(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 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

(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.

(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";

(e) by omitting subsection (6) and substituting the following subsections:

(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.

(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.

(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 –

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; or

(b) a standard condition that, by virtue of subsection (2A) , is taken to apply to the permission;

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 .

[Second reading presentation speech made in:

House of Assembly on 29 OCTOBER 2002

Legislative Council on 13 NOVEMBER 2002]