Major Infrastructure Development Approvals (Waddamana to Risdon Vale Electricity Transmission Line Project) Order 2004 (TAS)

In the case of Major Infrastructure Development Approvals (Waddamana to Risdon Vale Electricity Transmission Line Project) Order 2004, the Lieutenant-Governor of Tasmania, acting on the advice of the Executive Council and the recommendation of the Minister, issued an order under section 7(2) of the Major Infrastructure Development Approvals Act 1999. The order declared the project proposed by Transend Networks Pty Ltd to construct a 220kV electricity transmission line between Waddamana and Risdon Vale to be a major infrastructure project. The order also established a combined planning authority for the assessment of the project and outlined environmental guidelines, financial assurance requirements, and fees.

The primary legal issues the court had to address were the declaration of the project as a major infrastructure project and the establishment of the combined planning authority. The court needed to determine whether the project met the criteria for being classified as a major infrastructure project and whether the proposed combined planning authority was appropriate for the assessment of the project. Additionally, the court needed to consider the implications of the order on the assessment process, environmental guidelines, financial assurance, and fees.

The court examined the provisions of the Major Infrastructure Development Approvals Act 1999 and determined that the project proposed by Transend Networks Pty Ltd met the criteria for being classified as a major infrastructure project. The court found that the construction and operation of a high-voltage electricity transmission line, the removal of an existing transmission line, the construction of ancillary facilities, and the upgrading of electricity substations were significant developments that warranted the project being declared as a major infrastructure project. Furthermore, the court found that the establishment of a combined planning authority, consisting of representatives from relevant local councils, was appropriate for the assessment of the project. The court also confirmed that the provisions regarding environmental guidelines, financial assurance, and fees were consistent with the requirements of the relevant legislation.

The final orders declared the project as a major infrastructure project and established the Waddamana to Risdon Vale Electricity Transmission Line Combined Planning Authority for the assessment of the project. The order also outlined the environmental guidelines, financial assurance requirements, and fees to be followed by the proponent. The order was made on the recommendation of the Minister and was subject to approval by both Houses of Parliament.