Gas Amendment Act 2004
An Act to amend the Gas Act 2000
[Royal Assent 17 December 2004]
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:
This Act may be cited as the Gas Amendment Act 2004 .
(1) Sections 1 and 3 and this section commence on the day on which this Act receives the Royal Assent.(2) Section 4 is taken to have commenced, immediately after the Principal Act commenced, on 20 December 2000.(3) Section 5 is taken to have commenced, immediately after Part 2 of the Gas Infrastructure (Miscellaneous Amendments) Act 2002 commenced, on 1 July 2003.
In this Act, the Gas Act 2000 is referred to as the Principal Act.
4. Section 43 substituted
Section 43 of the Principal Act is repealed and the following section is substituted:43. Gas and co-located infrastructure does not merge with land
In the absence of an agreement in writing to the contrary, the ownership of a pipe, conduit or equipment is not affected by the fact that it has been –(a) laid or installed as gas infrastructure in or under land; or(b) laid or installed, in conjunction with gas infrastructure, as telecommunications infrastructure in or under land.
5. Section 86 amended (Certain gas infrastructure developments exempt from planning approval)
The definition of development in section 86(1) of the Principal Act is amended as follows:(a) by inserting in paragraph (a) "(and any co-located telecommunications infrastructure)" after "infrastructure";(b) by omitting paragraph (b) and substituting the following paragraph:(b) if the new gas infrastructure (or any co-located telecommunications infrastructure) makes use of an existing distribution system, the upgrading of that system for the purposes of the new gas (or co-located telecommunications) infrastructure.
[Second reading presentation speech made in:
House of Assembly on 16 NOVEMBER 2004
Legislative Council on 18 NOVEMBER 2004]