Gas Industry (Planning Permit Exemption) Regulations 2024

Gas Industry (Planning Permit Exemption) Regulations 2024

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 Industry Act 2019 .

B. BAKER

Governor

By Her Excellency's Command,

NICK DUIGAN

Minister for Energy and Renewables

1.   Short title

These regulations may be cited as the Gas Industry (Planning Permit Exemption) Regulations 2024 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Interpretation

In these regulations –

Act means the Gas Industry Act 2019 ;

pressure reduction facility means a facility that has the primary purpose of altering the pressure between a transmission pipeline and a distribution system.

4.   Prescribed work and criteria

(1)  For the purposes of section 60(2)(b) of the Act, work is of a prescribed kind if the work is –

(a) gas connection work; or

(b) work undertaken on gas infrastructure; or

(c) work undertaken on a pressure reduction facility.

(2)  For the purposes of section 60(2)(b) of the Act, the prescribed criteria for work prescribed under subregulation (1) are –

(a) in the case of work prescribed under subregulation (1)(a) , that the work is undertaken on a distribution system; and

(b) in the case of work prescribed under subregulation (1)(b) , that the work is not undertaken on a pressure reduction facility; and

(c) in the case of work prescribed under subregulation (1)(c) , that –

(i) the work is only undertaken within an area that is zoned, in a planning scheme under the Land Use Planning and Approvals Act 1993 , for rural or industrial purposes; and

(ii) the work is intended to be undertaken primarily during daylight hours; and

(iii) if the work is intended to take more than 4 weeks, and it is intended, at the time the work commences, that the work will not result in a time average A-weighted sound pressure level (as defined in Australian Standards AS 1055:2018 Acoustics – Description and measurement of environmental noise) that exceeds –

(A) if the work is to take not more than 26 weeks to be completed, 60dB(A) when evaluated over any 10-minute period beyond the boundary of the land parcel on which the pressure reduction facility is situated; and

(B) if the work is to take more than 26 weeks to be completed, 55dB(A) when evaluated over any 10-minute period beyond the boundary of the land parcel on which the pressure reduction facility is situated; and

(iv) at the time the work commences it is not intended that the site, where the work is being undertaken, will be required to be artificially illuminated for substantial periods between dusk and dawn, unless necessary during an emergency or emergency work; and

(v) at the time the work is completed, the pressure reduction facility is not intended to exceed –

(A) 7.5 metres in height at any point; and

(B) a ground area of more than 30 metres by 40 metres.

5.   Legislation rescinded

The legislation specified in Schedule 1 is rescinded.

SCHEDULE 1 - Legislation rescinded

Regulation 5

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

Notified in the Gazette on 26 June 2024

These regulations are administered in the Department of State Growth.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) prescribe, for the purposes of the Gas Industry Act 2019, certain gas infrastructure development work that does not require a planning permit under the Land Use Planning and Approvals Act 1993; and

(b) revoke the Gas Infrastructure (Planning Permit Exemption) Regulations 2014.