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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
GAS LEGISLATION AMENDMENT (LAND
ACQUISITION) BILL 2003
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - GAS ACT 2000 AMENDED
3. Principal Act
4. Section 84A inserted
84A. Acquisition of land, &c.
PART 3 - GAS PIPELINES ACT 2000 AMENDED
5. Principal Act
6. Section 27A inserted
27A. Acquisition of land, &c.
[Bill 30]-III
2
GAS LEGISLATION AMENDMENT (LAND
ACQUISITION) BILL 2003
(Brought in by the Minister for Economic Development,
Energy and Resources, the Honourable Paul Anthony
Lennon)
A BILL FOR
An Act to amend the Gas Act 2000 and Gas Pipelines
Act 2000
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
Short title
1. This Act may be cited as the Gas Legislation
Amendment (Land Acquisition) Act 2003.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
[Bill 30] 3
s. 3 No. Gas Legislation Amendment (Land 2003
Acquisition)
PART 2 - GAS ACT 2000 AMENDED
Principal Act
3. In this Part, the Gas Act 2000* is referred to as the
Principal Act.
Section 84A inserted
4. After section 84 of the Principal Act, the following
section is inserted in Division 2:
Acquisition of land, &c.
84A. (1) In this section -
"telecommunications carrier" means the
holder of a carrier licence under the
Telecommunications Act 1997 of the
Commonwealth;
"telecommunications infrastructure"
means infrastructure that is necessary
or convenient for the purposes of a
telecommunications network within the
meaning of the Telecommunications Act
1997 of the Commonwealth.
(2) A gas entity is an acquiring authority
under the Land Acquisition Act 1993 and may
acquire land under that Act for the purposes of the
operations that the gas entity is authorised to carry
on under its licence.
(3) Without limiting subsection (2), a gas
entity is taken to be a public authority for the
*No. 92 of 2000
4
2003 Gas Legislation Amendment (Land No. s. 4
Acquisition)
purposes of section 90A(1) of the Conveyancing and
Law of Property Act 1884 and, accordingly, may
acquire by compulsory process an easement in gross
within the meaning of that section of that Act.
(4) Notwithstanding subsections (2) and (3) -
(a) a gas entity may acquire land by
compulsory process only if the
acquisition is authorised in writing by
the Minister; and
(b) a gas entity may install and maintain
telecommunications infrastructure on
land that it has acquired under the Land
Acquisition Act 1993 or allow a
telecommunications carrier to install
and maintain such infrastructure on
such land.
(5) Regulations may be made under
section 137 modifying the Land Acquisition Act 1993
in its application to the acquisition of land by gas
entities under that Act, but not so as to affect the
monetary entitlements of persons from whom land is
acquired.
5
s. 5 No. Gas Legislation Amendment (Land 2003
Acquisition)
PART 3 - GAS PIPELINES ACT 2000 AMENDED
Principal Act
5. In this Part, the Gas Pipelines Act 2000* is referred to
as the Principal Act.
Section 27A inserted
6. After section 27 of the Principal Act, the following
section is inserted in Division 5:
Acquisition of land, &c.
27A. (1) In this section -
"telecommunications carrier" means the
holder of a carrier licence under the
Telecommunications Act 1997 of the
Commonwealth;
"telecommunications infrastructure"
means infrastructure that is necessary
or convenient for the purposes of a
telecommunications network within the
meaning of the Telecommunications Act
1997 of the Commonwealth.
(2) A licensee is an acquiring authority under
the Land Acquisition Act 1993 and may acquire land
under that Act for the purposes of the regulated
activities that the licensee is authorised to engage in
under its pipeline licence.
(3) Without limiting subsection (2), a licensee
is taken to be a public authority for the purposes of
*No. 91 of 2000
6
2003 Gas Legislation Amendment (Land No. s. 6
Acquisition)
section 90A(1) of the Conveyancing and Law of
Property Act 1884 and, accordingly, may acquire by
compulsory process an easement in gross within the
meaning of that section of that Act.
(4) Notwithstanding subsections (2) and (3) -
(a) a licensee may acquire land by
compulsory process only if the
acquisition is authorised in writing by
the Minister; and
(b) a licensee may install and maintain
telecommunications infrastructure on
land that it has acquired under the Land
Acquisition Act 1993 or allow a
telecommunications carrier to install
and maintain such infrastructure on
such land.
(5) Regulations may be made under section 99
modifying the Land Acquisition Act 1993 in its
application to the acquisition of land by licensees
under that Act, but not so as to affect the monetary
entitlements of persons from whom land is acquired.
Government Printer, Tasmania 7