Electricity Wayleaves and Easements Act 2000 (Tas)

Electricity Wayleaves and Easements Act 2000

An Act to make provision with respect to wayleaves held and obtainable by electricity entities, rights of access to land for the purpose of maintaining electricity infrastructure and related matters and to amend the Electricity Supply Industry Act 1995 and the Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995 [Royal Assent 14 November 2000]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title This Act may be cited as the Electricity Wayleaves and Easements Act 2000 .

2. Commencement This Act commences on the day on which this Act receives the Royal Assent.

3. Interpretation In this Act, unless the contrary intention appears – Code has the same meaning as in the Electricity Supply Industry Act 1995 ; distribution has the same meaning as in the Electricity Supply Industry Act 1995 ; electricity entity has the same meaning as in the Electricity Supply Industry Act 1995 ; electricity infrastructure has the same meaning as in the Electricity Supply Industry Act 1995 ; electricity transmission entity means a person that – (a) is licensed to carry on operations in the electricity supply industry under the Electricity Supply Industry Act 1995 ; and (b) has as a primary purpose under that licence the transmission of electricity; Map, in respect of an electricity transmission entity, means the map maintained under section 6(2) by that entity; notable interest means – (a) an easement held by an electricity entity by reason of section 11 ; and (b) an unregistered wayleave that is shown on a Map; owner, in respect of land other than registered land, means – (a) if the land is not subject to a mortgage, the person in whom the fee simple estate is vested; or (b) if the land is subject to a mortgage, the person who has the equity of redemption in the mortgage; powerline has the same meaning as in the Electricity Supply Industry Act 1995 ; powerline corridor means – (a) in respect of a powerline used for the transmission of electricity at a nominal voltage of more than 110 kilovolts but not exceeding 220 kilovolts, a strip of land 60 metres wide defined by measuring 30 metres in a horizontal plane to each side of the centreline of a powerline at right angles to the centreline; and (b) in respect of a powerline used for the transmission of electricity at a nominal voltage of 110 kilovolts or less, a strip of land 50 metres wide defined by measuring 25 metres in a horizontal plane to each side of the centreline of a powerline at right angles to the centreline; Register means the register of title maintained under the Land Titles Act 1980 ; registered land means land that is subject to the Land Titles Act 1980 ; registered proprietor means the registered proprietor, within the meaning of the Land Titles Act 1980 , of the fee simple estate in land; registered wayleave means a wayleave that is registered under the Land Titles Act 1980 or Registration of Deeds Act 1935 ; Roll means a Roll of Unregistered Wayleaves maintained under section 5 ; safety and operational area, in respect of a powerline used for the distribution of electricity at a nominal voltage of not more than 88 kilovolts, means – (a) a strip of land of a width specified in the Code; or (b) if the Code does not so specify, a strip of land 12 metres wide defined by measuring 6 metres in a horizontal plane to each side of the centreline of a powerline at right angles to the centreline; transmission has the same meaning as in the Electricity Supply Industry Act 1995 ; transmission system has the same meaning as in the Electricity Supply Industry Act 1995 ; unregistered wayleave means a wayleave that is not registered under the Land Titles Act 1980 or Registration of Deeds Act 1935 ; wayleave means a wayleave contract and a wayleave easement but does not include an easement created by reason of section 11 .