Gas Industry Act 2019

If an application is made under the Land Use Planning and Approvals Act 1993 for a permit for a discretionary 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, when notice of the application is given under section 57 of the Land Use Planning and Approvals Act 1993, refer the application to the gas infrastructure licensee; and the gas infrastructure licensee may, within the period in which, under section 57(5) of the Land Use Planning and Approvals Act 1993, representations may be made in relation to the application – give the planning authority the advice, in relation to the application, that the gas infrastructure licensee thinks fit; and recommend in that advice that a permit granted in relation to the application should be subject to safety conditions specified in the advice.

If the gas infrastructure licensee does not give advice under subsection (1) in relation to an application, the planning authority may determine the application without further reference to the gas infrastructure licensee.

If the gas infrastructure licensee gives advice under subsection (1) in relation to an application – the planning authority is to have regard to the advice in determining the application; and the advice is taken to be a representation made under section 57(5) of the Land Use Planning and Approvals Act 1993 in relation to the application; and the planning authority may, without limiting its discretion in the event that it approves the application but subject to paragraph (d), 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 the planning authority 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 certified under the Gas Safety Act 2019 for the affected gas infrastructure.

If the permit is granted under the Land Use Planning and Approvals Act 1993 subject to a safety condition and the Tribunal is satisfied on an appeal to the Tribunal against that safety condition that the 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; and has added to the cost of the development – the Tribunal may (if it is appropriate to do so having regard to its decision on the appeal) 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.

Section 57(2) of the Land Use Planning and Approvals Act 1993 does not apply to an application referred to in subsection (1).

When a planning authority complies with section 57(7) of the Land Use Planning and Approvals Act 1993 for an application referred to in subsection (1), it must also serve notice of its decision on the gas infrastructure licensee whether or not the gas infrastructure licensee has given it advice on the application.

The failure of a planning authority to comply with subsection (1) for a development application does not invalidate a permit for the development but, in any such case, the gas infrastructure licensee has the same right of appeal against the grant of the permit as a person who made representations in relation to the application.