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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
COASTAL PROTECTION (BAN CANAL ESTATE
DEVELOPMENT) BILL 2009
CONTENTS
1. Short Title
2. Commencement
3. Interpretation
4. Act to Bind Crown
5. Land to which this Act applies
6. Canal Estate Development prohibited
7. Development to which this Act does not apply
8. Act to Prevail
[Bill 92]
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(blank for printing purposes)
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COASTAL PROTECTION (BAN CANAL ESTATE DEVELOPMENT)
BILL 2009
(Brought in by Cassandra Stanwell O'Connor)
A BILL FOR
An Act to protect Tasmania's coastline from canal estate development as defined in order to
ensure that the environment and coastal communities are not adversely affected by the
creation of new developments of this kind.
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 Coastal Protection (Ban Canal Estate Development) Act
2009.
2. Commencement
This Act commences on the day on which it receives the Royal Assent.
3. Interpretation
In this Act, canal estate development means development that:
(a) incorporates wholly or in part a constructed canal, or other waterway or
waterbody, that is inundated by or drains to a natural waterway or natural
waterbody by surface water or groundwater movement (not being works of
drainage, or for the supply or treatment of water, that are constructed by or
with the authority of a person or body responsible for those functions and
that are limited to the minimal reasonable size and capacity to meet a
demonstrated need for the works), and
(b) requires the use of a sufficient depth of fill material to raise the level of all or part of
that land on which the dwellings are (or are proposed to be) located in order to
comply with requirements relating to residential development on flood prone land.
4. Act to bind Crown
This Act binds the Crown in right of Tasmania and, so far as the legislative power of
Parliament permits, in all its other capacities.
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5. Land to which this Act applies
This Act applies to the whole of the State, including all areas covered by the State Coastal
Policy.
6. Canal estate development prohibited
A person must not carry out canal estate development.
7. Development to which this Act does not apply
This Act does not apply to development of any kind, whether or not development consent
is necessary in order to enable it to be carried out, that does not change the size or shape
of any existing canal.
8. Act to prevail
In the event of any inconsistency between this Act and any other Act commenced before or
after the commencement of this Act, this Act prevails to the extent of the inconsistency
unless a contrary intention is stated in the subsequent Acts.
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