Gas Infrastructure (Planning Permit Exemption) Amendment Regulations 2003 (TAS)

Gas Infrastructure (Planning Permit Exemption) Amendment Regulations 2003

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 Gas Act 2000 .15 December 2003

RICHARD BUTLER

Governor

By His Excellency’s Command,

J. A. BACON

Premier acting for and on behalf of the Minister for Economic Development, Energy and Resources

1Short titleThese regulations may be cited as the Gas Infrastructure (Planning Permit Exemption) Amendment Regulations 2003 . 2CommencementThese regulations take effect on the day on which their making is notified in the Gazette. 3Principal RegulationsIn these regulations, the Gas Infrastructure (Planning Permit Exemption) Regulations 2003 are referred to as the Principal Regulations. 4Schedule 1 amended (Prescribed work and criteria) Clause 1(1) of Part 1 of Schedule 1 to the Principal Regulations is amended as follows: (a) by inserting the following definition after the definition of gas distribution infrastructure : native vegetation means a community of native vegetation that – (a) lies outside a commercial forestry plantation, private timber reserve or State forest; and (b) contains, throughout its growth, the complement of native species and habitats normally associated with that vegetation type; (b) by omitting the definition of vegetation ; (c) by omitting "vegetation" from paragraph (b) of the definition of waterway and substituting "native vegetation"; (d) by omitting "vegetation" from paragraph (b) of the definition of wetland and substituting "native vegetation". 5Schedule 1 amended (Prescribed work and criteria) Schedule 1 to the Principal Regulations is amended by omitting "extend over" from item 1 in Part 2 and substituting "straddle". 6Schedule 1 amended (Prescribed work and criteria) Part 3 of Schedule 1 to the Principal Regulations is amended as follows: (a) by omitting "carriageway) in an area identified in a planning scheme as involving or affecting historic or heritage issues 1" from item 1 in the table and substituting "carriageway1) in an area identified in a planning scheme as involving or affecting historic or heritage issues"; (b) by omitting "undertaken" from item 1 in the table and substituting "carried out"; (c) by omitting item 2 and substituting the following:

2. Gas distribution infrastructure work on a road (other than its carriageway1) in a sensitive area	It has been established by a survey –
(a) undertaken in consultation with the responsible Department in relation to the Aboriginal Relics Act 1975 ; and
(b) involving a desktop assessment and, if required, an on-site survey –
that no sites or relics of Aboriginal cultural heritage or significance in the area will be disturbed by the work

(d) by omitting item 3 and substituting the following:

3. Gas distribution infrastructure work on a road (other than its carriageway1), being work involving or affecting native vegetation where an on-site or desktop survey conducted by a suitably qualified person (in consultation with the responsible Department in relation to the Threatened Species Protection Act 1995 ) has found that threatened species inhabit or depend on the area around the proposed worksite	The work will be carried out in accordance with a species management or recovery plan prepared by a suitably qualified person, being a plan that –
(a) ensures that impacts on the threatened species are avoided or minimised; and
(b) has been approved by the relevant council

(e) by omitting item 4 and substituting the following:

4. Gas distribution infrastructure work on a road (other than its carriageway1), being work involving or affecting native vegetation where an on-site survey carried out by a suitably qualified person (in consultation with the responsible Department in relation to the Nature Conservation Act 2002 ) has identified the presence of priority State or bioregional (forest and non-forest) vegetation (or both)	The work will be carried out in accordance with a vegetation management plan prepared by a suitably qualified person, being a plan that –
(a) ensures that impacts on the priority (forest and non-forest) vegetation are avoided or minimised; and
(b) has been approved by the relevant council
5. Gas distribution infrastructure work on a road (other than its carriageway1), or under a waterway, being work –	The work will be carried out in accordance with a soil and water management plan prepared by a suitably qualified person with experience in site management, being a plan that –
(a) involving or affecting soil or water management issues; and	(a)       addresses erosion control practices, sediment control practices and site remediation and revegetation programs; and
(b) requiring the disturbance of 250m2 (or a greater area) of land that is serviced by a kerb and gutter stormwater system	(b)       has been approved by the relevant council
6. Gas distribution infrastructure work on a road (other than its carriageway1), being work of a kind that is not specified in another item of this table	The work is within the scope of the authority conferred by the gas entity’s licence

(f) by omitting

[Note 1: Gas distribution work on the carriageway of a road inside an area specified in item 1, 2 or 3 does not require a planning permit anyway (but may be subject to other controls)]

and substituting the following item:

[Note 1: Gas distribution work on the carriageway of a road does not require a planning permit anyway (but may be subject to other controls)]

(g) by omitting the following item:

[Note 2: If less than 250m2 of such land will be disturbed, the work does not require a planning permit anyway (but may be subject to other controls)]

7Schedule 1 amended (Prescribed work and criteria) Part 4 of Schedule 1 to the Principal Regulations is amended as follows: (a) by omitting items 2 and 3 and substituting the following:

2. Gas distribution infrastructure work on land (other than a road) in a sensitive area	It has been established by a survey –
(a) undertaken in consultation with the responsible Department in relation to the Aboriginal Relics Act 1975 ; and
(b) involving a desktop assessment and, if required, an on-site survey –
that no sites or relics of Aboriginal cultural heritage or significance in the area will be disturbed by the work
3. Gas distribution infrastructure work (other than on a road) involving or affecting native vegetation where an on-site or desktop survey conducted by a suitably qualified person (in consultation with the responsible Department in relation to the Threatened Species Protection Act 1995 ) has found that threatened species inhabit or depend on the area around the proposed worksite	The work will be carried out in accordance with a species management or recovery plan prepared by a suitably qualified person, being a plan that –
(a) ensures that impacts on the threatened species are avoided or minimised; and
(b) has been approved by the relevant council

(b) by omitting item 5 and substituting the following:

5. Gas distribution infrastructure work (other than on a road) involving or affecting soil and water management issues –	The work will be carried out in accordance with a soil and water management plan prepared by a suitably qualified person with experience in site management, being a plan that –
(a) on land lying less than 40 metres from a waterway or wetland; or	(a)       ensures that the transport of pollutants that may impact on water quality and aquatic ecology will be minimised; and
(b) on land having a gradient of, or more than, one in four; or	(b)       addresses erosion control practices, sediment control practices and site remediation and revegetation programs; and
(c) under a waterway	(c)       has been approved by the relevant council

(c) by omitting "vegetation 2" from item 6 in the table and substituting "contiguous native vegetation"; (d) by omitting "will be" from item 6 in the table and substituting "have been"; (e) by omitting "vegetation" from item 7 in the table and substituting "any kind of vegetation"; (f) by inserting after item 7 the following:

8. Gas distribution infrastructure work (other than on a road) involving or affecting native vegetation where an on-site survey carried out by a suitably qualified person (in consultation with the responsible Department in relation to the Nature Conservation Act 2002 ) has identified the presence of priority State or bioregional (forest and non-forest) vegetation (or both)	The work will be carried out in accordance with a vegetation management plan prepared by a suitably qualified person, being a plan that –
(a) ensures that impacts on the priority (forest and non-forest) vegetation are avoided or minimised; and
(b) has been approved by the relevant council
9. Gas distribution infrastructure work (other than on a road) of a kind that is not specified in another item of this table	The work is within the scope of the authority conferred by the gas entity’s licence and will be carried out in accordance with a weed and vegetation disease management plan, being a plan that has been –
(a) prepared by a suitably qualified person; and
(b) approved by the relevant council

(g) by omitting the following items:

[Note 1: If the land lies 40 metres or more from a waterway or wetland, or has a gradient of less than one in four, gas distribution infrastructure work of this kind does not require a planning permit anyway (but may be subject to other controls)]

[Note 2: Gas distribution infrastructure work involving the clearing of less than 500m2 of vegetation does not require a planning permit anyway (but may be subject to other controls)]

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 24 December 2003

These regulations are administered in the Department of Infrastructure, Energy and Resources.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations amend the Schedule to the

(a) prescribes the kind of gas infrastructure development work that, if it meets specified criteria, does not need a planning permit under the Land Use Planning and Approvals Act 1993; and (b) specifies those criteria.