Gas (Consequential Amendments) Act 2019


Tasmanian Crest
Gas (Consequential Amendments) Act 2019

An Act to amend certain legislation consequent on the enactment of the Gas Industry Act 2019 and the Gas Safety Act 2019

[Royal Assent 9 April 2019]

Be it enacted by Her 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 (Consequential Amendments) Act 2019 .

2.   Commencement

This Act commences on a day to be proclaimed.
PART 2 - Duties Act 2001 Amended

3.   Principal Act

In this Part, the Duties Act 2001 is referred to as the Principal Act.

4.    Section 62 amended (What are the land holdings of a landholder)

Section 62(5)(b) of the Principal Act is amended by omitting " Gas Pipelines Act 2000 " and substituting " Gas Industry Act 2019 ".
PART 3 - Energy Ombudsman Act 1998 Amended

5.   Principal Act

In this Part, the Energy Ombudsman Act 1998 is referred to as the Principal Act.

6.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended as follows:
(a) by omitting paragraph (b) from the definition of energy entity and substituting the following paragraph:
(b) a licensee within the meaning of the Gas Industry Act 2019 ;
(b) by omitting paragraph (b) from the definition of gas and substituting the following paragraph:
(b) a gas, within the meaning of the Gas Industry Act 2019 , other than liquefied petroleum gas;
PART 4 - Explosives Act 2012 Amended

7.   Principal Act

In this Part, the Explosives Act 2012 is referred to as the Principal Act.

8.    Section 8 amended (Inconsistencies, &c., with other Acts)

Section 8(1) of the Principal Act is amended by omitting paragraphs (c) and (d) and substituting the following paragraph:
(c) Gas Industry Act 2019 ;
PART 5 - Land Use Planning and Approvals (Application of Act) Regulations 2014 Amended

9.   Principal Regulations

In this Part, the Land Use Planning and Approvals (Application of Act) Regulations 2014 are referred to as the Principal Regulations.

10.    Regulation 3 amended (Interpretation)

Regulation 3 of the Principal Regulations is amended by omitting subregulation (2) and substituting the following subregulation:
(2)  In these regulations, a reference to –
(a) a transmission pipeline is a reference to a transmission pipeline, within the meaning of the Gas Industry Act 2019 ; and
(b) a pipeline or a supply pipeline is a reference to a pipeline within the meaning of paragraph (c) of the definition of pipeline in the Gas Safety Act 2019 .
PART 6 - Land Use Planning and Approvals Act 1993 Amended

11.   Principal Act

In this Part, the Land Use Planning and Approvals Act 1993 is referred to as the Principal Act.

12.    Section 15 amended (SPPs criteria)

Section 15(2)(d) of the Principal Act is amended by omitting " Gas Pipelines Act 2000 " and substituting " Gas Safety Act 2019 ".

13.    Section 34 amended (LPS criteria)

Section 34(2)(h) of the Principal Act is amended by omitting " Gas Pipelines Act 2000 " and substituting " Gas Safety Act 2019 ".
PART 7 - Occupational Licensing (Gas-fitting Work) Regulations 2010 Amended

14.   Principal Regulations

In this Part, the Occupational Licensing (Gas-fitting Work) Regulations 2010 are referred to as the Principal Regulations.

15.    Regulation 3 amended (Interpretation)

Regulation 3(1) of the Principal Regulations is amended by omitting " Gas Act 2000 " from paragraph (c) of the definition of associated gas-fitting work and substituting " Gas Safety Act 2019 ".
PART 8 - Occupational Licensing Act 2005 Amended

16.   Principal Act

In this Part, the Occupational Licensing Act 2005 is referred to as the Principal Act.

17.    Schedule 3 amended (Acts Continuing to have Effect)

Schedule 3 to the Principal Act is amended by omitting
and substituting:
PART 9 - Rail Infrastructure Act 2007 Amended

18.   Principal Act

In this Part, the Rail Infrastructure Act 2007 is referred to as the Principal Act.

19.    Section 11 amended (Responsible public land manager for gas and electricity infrastructure approvals)

Section 11 of the Principal Act is amended by omitting " section 84 of the Gas Act 2000 " and substituting " section 47 of the Gas Industry Act 2019 ".

20.    Section 34 amended (Relationship to service infrastructure legislation)

Section 34 of the Principal Act is amended by omitting paragraphs (c) and (d) and substituting the following paragraphs:
(c) the Gas Industry Act 2019 ;
(d) the Gas Safety Act 2019 ;
PART 10 - Self's Point Land Act 1951 Amended

21.   Principal Act

In this Part, the Self's Point Land Act 1951 is referred to as the Principal Act.

22.    Section 4 amended (Disposal of land)

Section 4(3) of the Principal Act is amended by omitting " Gas Act 2000 " from the definition of gas and substituting " Gas Safety Act 2019 ".
PART 11 - Strategic Infrastructure Corridors (Strategic and Recreational Use) Act 2016 Amended

23.   Principal Act

In this Part, the Strategic Infrastructure Corridors (Strategic and Recreational Use) Act 2016 is referred to as the Principal Act.

24.    Section 71 amended (Relationship to service infrastructure legislation)

Section 71 of the Principal Act is amended by omitting paragraphs (c) and (d) and substituting the following paragraphs:
(c) the Gas Industry Act 2019 ;
(d) the Gas Safety Act 2019 ;
PART 12 - Water Management Act 1999 Amended

25.   Principal Act

In this Part, the Water Management Act 1999 is referred to as the Principal Act.

26.    Section 3 amended (Interpretation)

Section 3(1) of the Principal Act is amended by omitting the definitions of pipeline licensee and pipeline planning corridor and substituting the following definitions:
pipeline licensee means the holder of a licence under the Gas Industry Act 2019 in relation to a gas infrastructure planning corridor;
pipeline planning corridor means a gas infrastructure planning corridor declared under the Gas Industry Act 2019 ;
PART 13 - Work Health and Safety Regulations 2012 Amended

27.   Principal Regulations

In this Part, the Work Health and Safety Regulations 2012 are referred to as the Principal Regulations.

28.    Regulation 5 amended (Interpretation)

Regulation 5(1) of the Principal Regulations is amended by omitting " Gas Pipelines Act 2000 , Gas Act 2000 ," from paragraph (c)(ii) of the definition of pressure piping and substituting " Gas Industry Act 2019 , the Gas Safety Act 2019 ".

29.    Regulation 328 amended (Application of Part 7.1 )

Regulation 328(2) of the Principal Regulations is amended by omitting " Gas Act 2000 , the Gas Pipelines Act 2000 " and substituting " Gas Industry Act 2019 , the Gas Safety Act 2019 ".

30.    Regulation 530 amended (This Chapter does not apply to certain facilities)

Regulation 530 of the Principal Regulations is amended as follows:
(a) by omitting from subregulation (2) " Gas Pipelines Act 2000 " first occurring and substituting " Gas Safety Act 2019 ";
(b) by omitting from subregulation (2) " Gas Act 2000 or the Gas Pipelines Act 2000 " and substituting " Gas Industry Act 2019 ";
(c) by omitting " Gas Act 2000 " from the definition of distribution system in subregulation (2A) and substituting " Gas Industry Act 2019 ".
PART 14 - Concluding Provisions

31.   Repeal of Act

This Act is repealed on the three hundred and sixty fifth day from the day on which all of the provisions of this Act commence.

32.   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
(b) the department responsible to that Minister in relation to the administration of this Act is the Department of State Growth.

[Second reading presentation speech made in:

House of Assembly on 21 NOVEMBER 2018

Legislative Council on 20 MARCH 2019]