Gas Pipelines (Transmission Pipeline) Order 2011 (TAS)

The Gas Pipelines (Transmission Pipeline) Order 2011 was made by the Lieutenant-Governor in and over the State of Tasmania, acting on the advice of the Executive Council. The order was issued under section 3(3) of the Gas Pipelines Act 2000 and concerns the classification of a specific natural gas pipeline as a transmission pipeline. The order designates the pipeline that runs from a facility on Preston Road in Gawler to a facility on Mason Street in Ulverstone as a transmission pipeline. This pipeline is part of the gas distribution network in Tasmania and its classification as a transmission pipeline impacts the regulatory framework under which it operates.

The primary legal issue the court needed to address was whether the specified pipeline met the criteria for being classified as a transmission pipeline under the Gas Pipelines Act 2000. The order required an assessment of the pipeline’s function, capacity, and the locations it connects. The Lieutenant-Governor, advised by the Executive Council, determined that the pipeline met the legislative criteria for being classified as a transmission pipeline, thereby triggering the specific regulatory requirements applicable to such pipelines. The decision was based on the pipeline's role in delivering natural gas over a significant distance, which aligns with the general purpose of transmission pipelines as defined in the Act.

The reasoning behind the order was that the pipeline in question has the capacity to deliver natural gas from a major facility in Gawler to another facility in Ulverstone, covering a considerable geographical distance. This designation as a transmission pipeline imposes specific regulatory obligations to ensure the safe and efficient operation of the pipeline. The order was made in accordance with the statutory authority provided by the Gas Pipelines Act 2000, and it was published in the Gazette on 21 September 2011. The order is administered by the Department of Infrastructure, Energy and Resources, which is responsible for overseeing compliance with the Act and its related regulations.

The order, upon its notification in the Gazette, took effect and required the pipeline to be treated as a transmission pipeline for the purposes of the Gas Pipelines Act 2000. This classification impacts the regulatory oversight, operational standards, and safety requirements that the pipeline must adhere to. The decision was based on a thorough examination of the pipeline’s specifications and its role within the natural gas distribution network in Tasmania. The final orders specify the classification of the pipeline and the subsequent regulatory implications.