Electricity Supply Industry Amendment Regulations 2022
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Electricity Supply Industry Act 1995 .
8 August 2022B. BAKER
Governor
By Her Excellency's Command,
GUY BARNETT
Minister for Energy and Renewables
These regulations may be cited as the Electricity Supply Industry Amendment Regulations 2022 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Electricity Supply Industry Regulations 2018 are referred to as the Principal Regulations.
4. Regulation 7A inserted
After regulation 7 of the Principal Regulations , the following regulation is inserted in Part 2:7A. When planning authority not required to notify relevant entity of planning application
(1) For the purposes of section 44L(2)(b) of the Act, a planning authority is not required to provide to the relevant transmission entity the relevant notice in relation to an application for a permit in relation to a use or development if –(a) the use or development is inside a General Residential Zone, an Inner Residential Zone or a Low Density Residential Zone, all within the meaning of the Tasmanian Planning Scheme; and(b) the use or development is in a Permitted Use Class specified in the applicable Use Table in the Tasmanian Planning Scheme; and(c) the use or development is outside any local heritage precinct, local heritage place or local historic landscape precinct, all within the meaning of the Tasmanian Planning Scheme; and(d) the application is for a use or development of a place that is not entered on the Tasmanian Heritage Register, within the meaning of the Tasmanian Planning Scheme; and(e) the use or development has a setback more than 3 metres from a boundary that abuts public land or a road, both within the meaning of the Tasmanian Planning Scheme; and(f) the use or development is on a title that is unencumbered by a wayleave or easement benefitting any electricity infrastructure –unless the application is for –(g) a subdivision of more than 5 lots; or(h) a development for more than 5 dwellings.(2) For the purposes of section 44L(2)(b) of the Act, a planning authority is not required to provide to the relevant transmission entity the relevant notice in relation to an application for a permit for –(a) signage; or(b) a retaining wall; or(c) a pergola, arch, trellis, frame or other similar garden structure.(3) In this regulation –Tasmanian Planning Scheme means the Tasmanian Planning Scheme established under the Land Use Planning and Approvals Act 1993.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 17 August 2022
These regulations are administered in the Department of Treasury and Finance.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Electricity Supply Industry Regulations 2018 by providing that certain applications to planning authorities do not have to be provided to TasNetworks.