Gas Legislation Amendment (Land Acquisition) Act 2003 (TAS)

Gas Legislation Amendment (Land Acquisition) Act 2003

An Act to amend the Gas Act 2000 and Gas Pipelines Act 2000

[Royal Assent 18 June 2003]

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 1Preliminary1Short titleThis Act may be cited as the Gas Legislation Amendment (Land Acquisition) Act 2003 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. PART 2Gas Act 2000 Amended3Principal ActIn this Part, the Gas Act 2000 is referred to as the Principal Act. 4Section 84A insertedAfter section 84 of the Principal Act , the following section is inserted in Division 2: 84AAcquisition of land, &c. (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 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. PART 3Gas Pipelines Act 2000 Amended5Principal ActIn this Part, the Gas Pipelines Act 2000 is referred to as the Principal Act. 6Section 27A insertedAfter section 27 of the Principal Act , the following section is inserted in Division 5: 27AAcquisition of land, &c. (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 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.

[Second reading presentation speech made in:

House of Assembly on 21 MAY 2003

Legislative Council on 29 MAY 2003]