Gas Industry Act 2019

If an application is made under the Land Use Planning and Approvals Act 1993 for a permit for a permitted development that is wholly or partly within a gas infrastructure planning corridor – a planning authority, in whose council area is situated in whole or in part the gas infrastructure planning corridor, must give to the gas infrastructure licensee – notice of the application; and at least 14 days (which are to be within the period, in relation to the application, specified in section 58(2) of the Land Use Planning and Approvals Act 1993) in which to advise the authority on the proposed development; and the gas infrastructure licensee may, within that 14-day period – give the planning authority the advice, in relation to the application, that the gas infrastructure licensee thinks fit; and recommend in that advice that the permit be granted subject to safety conditions specified in the advice.

If a gas infrastructure licensee gives advice under subsection (1) in relation to an application, the planning authority – may have regard to the advice in determining the application; and may, without limiting its discretion but subject to paragraph (c), grant the permit under the Land Use Planning and Approvals Act 1993 subject to any safety condition recommended by the gas infrastructure licensee (with or without modification); and must not grant the permit under the Land Use Planning and Approvals Act 1993 subject to a condition that conflicts with any condition contained in the safety case accepted under the Gas Safety Act 2019 for the affected gas infrastructure.

If the planning authority decides to grant the permit under the Land Use Planning and Approvals Act 1993 subject to a safety condition and the applicant lodges an appeal under that Act against that decision – the planning authority must give the gas infrastructure licensee notice of the appeal; and the gas infrastructure licensee is, for the purposes of clause 7(3) of Part 8 of Schedule 2 to the Tasmanian Civil and Administrative Tribunal Act 2020, taken to be a person whose interests are affected by the decision.

If the Tribunal is satisfied, on hearing an appeal to which subsection (3) relates, that the safety condition – was recommended to the planning authority by the gas infrastructure licensee; and is in the same or essentially the same terms as the gas infrastructure licensee recommended; and exceeds the requirements of AS 2885 and AS 4645 as in force when the affected gas infrastructure was constructed or installed; and has added to the cost of the development – the Tribunal is (if it is appropriate to do so having regard to its decision on the appeal) to order that the gas infrastructure licensee reimburse the applicant for the additional cost or the part of the additional cost that the Tribunal determines is fair in the circumstances.