Gas Pipelines (Transmission Pipeline) Amendment Order 2002

Gas Pipelines (Transmission Pipeline) Amendment Order 2002

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 order under section 3(3) of the Gas Pipelines Act 2000 .

18 February 2002

g. s. m. green

Governor

By His Excellency's Command,

p. a. lennon

Minister for Infrastructure, Energy and Resources

1.   Short title

This order may be cited as the Gas Pipelines (Transmission Pipeline) Amendment Order 2002 .

2.   Commencement

This order takes effect on the day on which its making is notified in the Gazette.

3.   Principal Order

In this order, the Gas Pipelines (Transmission Pipeline) Order 2001 is referred to as the Principal Order.

4.    Clause 4 substituted

Clause 4 of the Principal Order is revoked and the following clause is substituted:

4.   Class of pipelines to be transmission pipeline

(1)  Under section 3(3) of the Act, a pipeline which delivers, or is capable of delivering, natural gas directly to a customer on land comprised in the particulars of title specified in column 2 of the Table in Schedule 1 to this order is to be treated as a transmission pipeline for the purposes of the Act if –

(a) the pipeline is not owned or operated by the holder of an exclusive franchise under section 30 of the Gas Act 2000 ; or

(b) in the case of a proposed pipeline, the pipeline is not intended to be owned or operated by the holder of any such franchise.

(2)  Under section 3(3) of the Act, a pipeline which delivers, or is capable of delivering, natural gas directly to a customer on land specified in Schedule 2 to this order is to be treated as a transmission pipeline for the purposes of the Act if –

(a) the gas consumption, or rate of gas consumption, of the customer is or, in the case of a proposed pipeline, is likely to be, sufficient to make the customer a contestable customer within the meaning of the Gas Act 2000 ; and

(b) the pipeline is not owned or operated by the holder of an exclusive franchise under section 30 of the Gas Act 2000 or, in the case of a proposed pipeline, the pipeline is not intended to be owned or operated by the holder of any such franchise.

5.    Schedules 2 and 3 inserted

After Schedule 1 to the Principal Order , the following Schedules are inserted:

SCHEDULE 2 - Bell Bay Industrial Area

Clause 4(2)

The land identified as the Bell Bay Industrial Area bounded by heavy black lines on Plan No. 5852 in the Central Plan Register, a reduced copy of which is set out in Schedule 3 to this order by way of illustration only.

SCHEDULE 3 - Plan

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

Notified in the Gazette on 27 February 2002

This order is administered in the Department of Infrastructure, Energy and Resources.

EXPLANATORY NOTE

(This note is not part of the order)

This order amends the Gas Pipelines (Transmission Pipeline) Order 2001 by providing that –

(a) a pipeline is to be treated as a transmission pipeline if it is not owned or operated, or intended to be owned or operated, by the holder of an exclusive franchise under section 30 of the Gas Act 2000 ; and

(b) a certain pipeline in the Bell Bay Industrial Area is to be treated as a transmission pipeline.