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TASMANIA
__________
LAND USE PLANNING AND APPROVALS
AMENDMENT (STATE AND REGIONAL
STRATEGIES) BILL 2009
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 20 amended (What can a planning scheme provide for?)
6. Part 3, Division 1A inserted
Division 1A Regional land use strategies and interim
planning schemes
30A. Purposes of Division
30B. Interpretation: Division 1A
30C. Regional areas and regional land use strategies
30D. Interim planning schemes to be provided to Minister
30E. Contents of interim planning schemes
30F. Declaration of interim planning scheme
30G. Notice of declaration of scheme or decision not to
declare scheme
30H. Notification and public exhibition of interim
planning schemes
30I. Representations in relation to interim planning
schemes
30J. Report to be provided to Commission
30K. Commission to consider scheme and representations
and hold hearings
[Bill 47]-XI
30L. Commission to report to Minister about common
provisions
30M. Modification of interim planning scheme
30N. Commission may make planning schemes
30O. Amendments under Divisions 2 and 2A of planning
schemes made under section 30N
30P. Application for dispensation from application of
local provision of interim planning scheme
30Q. Process for consideration of dispensation
30R. Grant and revocation of dispensations
7. Section 48AA inserted
48AA. Enforcement of special permits
8. Section 54 amended (Additional information)
9. Section 59 amended (Failure to determine an application for a
permit)
10. Section 60A amended (Permit for certain works not required)
11. Part 4, Division 2A inserted
Division 2A Special permits for projects of regional
significance
60B. Interpretation: Division 2A
60C. Projects eligible to be declared projects of regional
significance
60D. Proposals that projects be declared projects of
regional significance
60E. Effect of proposal on applications for ordinary
permits
60F. Statement of intent and other information
60G. Declaration of project of regional significance
60H. Effect of declaration of project of regional
significance
60I. Fees
60J. Revocation of declaration
60K. Project to be referred to Director of Environment
Protection Authority
60L. Environmental impact assessment by EPA Board
60M. Development Assessment Panel to be established for
assessment of project
60N. Panel to determine guidelines for how assessment is
to be made
60O. Project impact statements to be provided to Panel
60P. Panel may request information to be provided
60Q. Notification and exhibition of project
2
60R. Notification and hearings in relation to project
60S. When decision about grant of special permit is to be
made
60T. Grant of special permit
60U. Special permit may be granted subject to conditions
or restrictions
60V. Process for determining conditions or restrictions to
be imposed on special permits
60W. When special permit takes effect
60X. Amendment, revocation and correction of special
permits
60Y. Amendment of planning schemes, &c.
12. Section 63 amended (Obstruction of sealed schemes)
13. Section 77 amended (Agreement may not breach planning
scheme)
14. Section 82 amended (Evidentiary provision)
15. Section 83 amended (Planning schemes, &c., to be judicially
noticed)
3
4
LAND USE PLANNING AND APPROVALS
AMENDMENT (STATE AND REGIONAL
STRATEGIES) BILL 2009
(Brought in by the Minister for Planning, the Honourable
David Edward Llewellyn)
A BILL FOR
An Act to amend the Land Use Planning and Approvals Act
1993
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 Land Use Planning
and Approvals Amendment (State and Regional
Strategies) Act 2009.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
[Bill 47] 5
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Regional Strategies) Act 2009
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3. Principal Act
In this Act, the Land Use Planning and
Approvals Act 1993* is referred to as the
Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting the definition of
"Commission" and substituting the
following definition:
"Commission" means the Tasmanian
Planning Commission established
under the Tasmanian Planning
Commission Act 1997;
(b) by inserting the following definition after
the definition of "development":
"interim planning scheme" means an
interim planning scheme,
declared under section 30F, that
is in force;
(c) by omitting the definition of "planning
scheme" and substituting the following
definitions:
*No. 70 of 1993
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"planning directive" means a
planning directive issued under
section 13;
"planning scheme" means
(a) a planning scheme in
force under section 29;
and
(b) an interim planning
scheme; and
(c) a planning scheme made
under section 30N that is
in force;
"regional area" means an area
specified in a notice under
section 30C to be a regional area;
"Regional Corporation" has the
same meaning as in the Water
and Sewerage Corporations Act
2008;
"regional land use strategy", in
relation to a regional area, means
the regional land use strategy
declared under section 30C(3) in
relation to the area;
(d) by omitting the definition of
"representation" and substituting the
following definitions:
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"representation", in relation to
(a) a draft planning scheme,
an interim planning
scheme or a draft
amendment of a planning
scheme; or
(b) an application for a permit
or dispensation; or
(c) a project in respect of
which a special permit
may be granted
includes a written statement of
facts or reasons in support of or
in opposition to the scheme,
amendment, application or
project;
"special permit" means a permit that
is granted under section 60T and
that is in force;
5. Section 20 amended (What can a planning scheme
provide for?)
Section 20(3)(f)(ii) of the Principal Act is
amended by inserting "or special permit" after
"permit".
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6. Part 3, Division 1A inserted
After section 30 of the Principal Act, the
following Division is inserted in Part 3:
Division 1A Regional land use strategies and interim
planning schemes
30A. Purposes of Division
The purposes of this Division are
(a) to ensure greater consistency
between planning schemes within
regional areas; and
(b) to ensure greater consistency
between planning schemes across
the State as a whole.
30B. Interpretation: Division 1A
In this Division, unless the contrary
intention appears
"common provision" means a
provision, of an interim planning
scheme or of a planning scheme
made under section 30N, that is
(a) a mandatory common
provision; or
(b) an optional common
provision;
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"dispensation" means a dispensation
granted under section 30R;
"local provision" means a provision,
of an interim planning scheme or
of a planning scheme made under
section 30N, that is not a
common provision, and includes
a zoning of a particular area of
land;
"mandatory common provision"
means a provision that
(a) is specified in a planning
directive; and
(b) is specified in that
directive to be a provision
that a planning scheme
that is made after the
directive comes into force
must contain;
"optional common provision" means
a provision that
(a) is specified in a planning
directive; and
(b) is specified in that
directive to be a provision
that a planning scheme
that is made after the
directive comes into force
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may, but is not required
to, contain.
30C. Regional areas and regional land use
strategies
(1) The Minister, by notice in the Gazette,
may specify the regional areas into which
the State is divided for the purposes of
this Act.
(2) A notice under subsection (1) is to
specify the municipal areas that are
within a regional area specified in the
notice.
(3) The Minister, by notice in the Gazette,
may declare a regional land use strategy
for each regional area.
30D. Interim planning schemes to be provided to
Minister
(1) A planning authority may provide to the
Minister a draft interim planning scheme
for the authority's municipal area.
(2) The Minister, by notice in writing to a
planning authority, may request the
planning authority to provide to the
Minister a draft interim planning scheme
for the authority's municipal area.
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(3) The Minister may direct the Commission
to prepare a draft interim planning
scheme for a municipal area.
(4) The Minister may only direct the
Commission to prepare a draft interim
planning scheme under subsection (3) for
a municipal area if the Minister is
satisfied that
(a) the planning authority for the area
has not provided such a scheme
to the Minister under
subsection (1) within 21 days
after being requested by the
Minister to do so under
subsection (2); and
(b) such a scheme would further the
purposes of this Division.
(5) The Commission must provide to the
Minister a draft interim planning scheme
prepared by the Commission in
accordance with a direction under
subsection (3).
30E. Contents of interim planning schemes
(1) A draft interim planning scheme and an
interim planning scheme must contain
the mandatory common provisions.
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(2) A draft interim planning scheme and an
interim planning scheme may contain
optional common provisions.
(3) A draft interim planning scheme and an
interim planning scheme may contain
other provisions ("local provisions") that
are particular to the scheme.
(4) A draft interim planning scheme and an
interim planning scheme may only
contain a local provision if the provision
is not directly or indirectly inconsistent
with
(a) a mandatory common provision;
or
(b) an optional common provision
that is contained in the planning
scheme.
(5) Subsection (4) does not apply in relation
to a local provision that applies to an area
of land, if a planning directive allows a
planning scheme in relation to the land to
specify that some or all of the common
provisions are not to apply to such an
area of land.
(6) A draft interim planning scheme and an
interim planning scheme are to be
consistent with, and likely to further the
objectives and outcomes of, the regional
land use strategy, if any, for the regional
area in which the schemes are to apply.
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(7) Apart from sections 20 and 21,
Division 1 does not apply to draft interim
planning schemes and interim planning
schemes.
30F. Declaration of interim planning scheme
(1) The Minister, by notice in the Gazette,
may declare to be an interim planning
scheme a draft interim planning scheme
that is provided to the Minister under
section 30D(1) or (5).
(2) The Minister may decide not to declare
to be an interim planning scheme a draft
interim planning scheme that is provided
to the Minister under section 30D(1) or
(5).
(3) The Minister may only declare a draft
interim planning scheme to be an interim
planning scheme if the scheme complies
with sections 20 and 21 and section 30E.
(4) An interim planning scheme comes into
operation
(a) on the date on which it is notified
under subsection (1); or
(b) if a later date is specified in the
notice under subsection (1), on
that later date.
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(5) On and from the day on which an interim
planning scheme that is declared in
relation to an area of land comes into
operation
(a) the interim planning scheme
applies to the land, until a
planning scheme is declared
under section 30N in relation to
the land; and
(b) the planning scheme that applied
to the land immediately before
the interim planning scheme
came into operation ceases to
have effect; and
(c) a draft planning scheme may not
be approved under section 29 in
relation to the land while the
interim planning scheme applies
to the land.
(6) On and from the day on which an interim
planning scheme that is declared in
relation to an area of land comes into
operation, an application for a permit
that
(a) was made under a planning
scheme that applied to the land
immediately before the interim
planning scheme came into
operation; and
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(b) had not been determined by the
date on which the interim
planning scheme comes into
operation
is to be taken to be an application made,
on the day on which the interim planning
scheme comes into operation, under the
interim planning scheme.
30G. Notice of declaration of scheme or decision
not to declare scheme
(1) The Minister must give to the following
persons notice in writing of the
declaration under section 30F(1) of an
interim planning scheme for an area of
land that is within a regional area:
(a) the planning authority for the
land;
(b) each other planning authority for
an area of land within the
regional area;
(c) the Commission;
(d) those State Service Agencies that
the Minister considers to have an
interest in the scheme.
(2) The notice under subsection (1) may
specify that public exhibition of the
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scheme is to begin on a date specified in
the notice.
(3) The Minister must give to the following
persons notice in writing of a decision
under section 30F(2) not to declare a
draft interim planning scheme for an area
of land in a regional area to be an interim
planning scheme, and the reasons for the
decision:
(a) the planning authority for the
land;
(b) each other planning authority for
an area of land within the
regional area;
(c) the Commission.
30H. Notification and public exhibition of interim
planning schemes
(1) A planning authority notified under
section 30G(1)(a) of the declaration of an
interim planning scheme must ensure that
a copy of the scheme is
(a) publicly exhibited at the offices
of the planning authority in
accordance with this section; and
(b) made available for viewing at a
website address specified in the
notice in relation to the scheme in
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accordance with
subsection (6)(e).
(2) The public exhibition of an interim
planning scheme by the planning
authority is to begin
(a) on the date, if any, specified in
the notice under
section 30G(1)(a) in relation to
the scheme as the date on which
public exhibition of the scheme is
to begin; or
(b) if the notice under
section 30G(1)(a) does not
specify such a date, on a date,
chosen by the planning authority,
that is within 3 weeks after the
authority receives the notice.
(3) The interim planning scheme is to be
publicly exhibited by the planning
authority for a period of 2 months.
(4) The planning authority notified under
section 30G(1)(a) of the declaration of an
interim planning scheme must ensure that
a notice is published in a daily newspaper
circulating generally in the area to which
the scheme applies.
(5) The notice under subsection (4) is to be
published on or before the day on which
the exhibition of the planning scheme
begins under subsection (2).
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(6) The notice under subsection (4) is to
(a) specify that an interim planning
scheme has been declared; and
(b) indicate generally the area to
which the scheme applies; and
(c) specify that the area to which the
scheme applies is indicated with
more particularity on a plan that
is displayed at an office, of the
planning authority, the address of
which is specified in the notice;
and
(d) specify that a copy of the interim
planning scheme is or will be on
public exhibition at the address of
the offices of the planning
authority, and the address of the
offices of the Commission,
specified in the notice; and
(e) specify that a copy of the interim
planning scheme is available for
viewing at a website address
specified in the notice; and
(f) specify the date on which the
scheme came into operation; and
(g) specify that representations in
relation to the interim planning
scheme may be made to the
planning authority
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(i) at the address of the
planning authority
specified in the notice;
and
(ii) at any time within 2
months from the date,
specified in the notice, on
which, under
subsection (2), the public
exhibition of the scheme
is to begin.
(7) If the public exhibition of 2 or more
interim planning schemes for areas of
land in the same regional area is required
under subsection (2)(a) to begin on the
same day, the planning authorities in
respect of the areas of land may combine
into a single notice, in one or more
newspapers, all the notices for the
schemes that are required under this
section to be published in a daily
newspaper.
(8) The Commission must cause a copy of an
interim planning scheme to be publicly
exhibited at its office during the period in
which the planning authority notified
under section 30G(1)(a) of the
declaration of the scheme is required
under this section to publicly exhibit the
scheme.
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(9) If a period, in relation to an interim
planning scheme, referred to in this
section includes any days on which the
office of a planning authority is closed
during normal business hours in that part
of the State in which the scheme applies,
that period is to be extended by the
number of those days.
30I. Representations in relation to interim
planning schemes
(1) A person may make to a planning
authority a representation in relation to
an interim planning scheme that is
exhibited at the offices of the authority in
accordance with section 30H.
(2) A representation in relation to an interim
planning scheme may only be made
within the period that is, under
section 30H(6)(g), specified in the notice
in relation to the scheme as the period in
which representations may be made.
(3) A planning authority to which a
representation is made under
subsection (1) in relation to a common
provision of an interim planning scheme
must provide a copy of the representation
to each other planning authority notified
under section 30G(1)(b) of the
declaration of the scheme.
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(4) The copy of the representation made in
relation to an interim planning scheme is
to be provided under subsection (3)
within 14 days after the end of the 2-
month period for which the scheme is
publicly exhibited in accordance with
section 30H.
30J. Report to be provided to Commission
(1) A planning authority that has exhibited
an interim planning scheme under
section 30H must provide to the
Commission a report in relation to the
scheme.
(2) The report in relation to an interim
planning scheme is to be provided to the
Commission not later than
(a) 4 months after the end of the
period for which the scheme is
publicly exhibited in accordance
with section 30H; or
(b) the end of a further period that
the Commission allows.
(3) The report is to contain a copy of each
representation made under section 30I in
relation to the interim planning scheme,
or, if no representations have been made
in relation to the interim planning
scheme, a statement to that effect.
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(4) The report is also to contain a statement
of the planning authority's views as to
the merit of each representation made to
the authority under section 30I in relation
to a local provision in the interim
planning scheme.
(5) The statement as to the merit of a
representation in relation to a local
provision is to include, in particular, the
planning authority's views as to
(a) the need for modification of the
interim planning scheme in the
light of that representation; and
(b) the impact of that representation
on the scheme as a whole.
(6) The report is also to contain a statement
of the planning authority's views as to
the merit of each representation made
under section 30I in relation to a
common provision in the interim
planning scheme.
(7) The statement as to the merit of a
representation in relation to a common
provision is to include, in particular, the
planning authority's views as to the
impact of that representation on the
interim planning scheme as a whole, if
(a) the relevant planning directive
were to be modified to take into
account the representation and the
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scheme were to be modified
accordingly; or
(b) where the common provision is
an optional common provision,
the provision were, in accordance
with the representation, to be
(i) taken out of the scheme;
or
(ii) taken out of the scheme
and replaced by another
optional common
provision.
(8) The report may also contain a statement
of the planning authority's views, and
recommendations, in respect of the
operation of the interim planning
scheme.
(9) If 2 or more planning authorities within a
regional area are required under
section 30H(2)(a) to begin to publicly
exhibit interim planning schemes on the
same day, the planning authorities must
provide
(a) one joint statement as to the
matters referred to in
subsections (6) and (7); and
(b) one joint statement as to the
matters referred to in
subsection (8)
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instead of each providing a separate
report in relation to those matters.
(10) A joint statement for the purposes of
subsection (9) is to include the views of
all the planning authorities, whether they
are in agreement or not.
30K. Commission to consider scheme and
representations and hold hearings
(1) The Commission, after receiving a report
under section 30J(1) in relation to an
interim planning scheme
(a) must hold a hearing in relation to
each of the representations
provided to the Commission, in
accordance with section 30J(3),
in the report; and
(b) may consolidate any of those
representations and, if it does so,
must hold a hearing in relation to
the consolidated representations;
and
(c) may hold hearings in relation to
other matters that it thinks fit.
(2) The Commission, after receiving a report
under section 30J(1) in relation to an
interim planning scheme, must consider
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the applicable matters in relation to the
scheme.
(3) The applicable matters in relation to an
interim planning scheme are
(a) the interim planning scheme
itself; and
(b) any documents in relation to the
scheme that are provided to the
Commission under section 30J;
and
(c) matters raised at any hearings in
relation to the scheme under this
section; and
(d) the regional land use strategy, if
any, for the regional area in
which the scheme are is to apply;
and
(e) any applicable State policy.
30L. Commission to report to Minister about
common provisions
(1) The Commission must prepare a report in
relation to the common provisions of an
interim planning scheme.
(2) The Commission is to prepare the report
in relation to the common provisions of
an interim planning scheme as soon as
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practicable after complying with
section 30K.
(3) The report in relation to the common
provisions of an interim planning scheme
is to contain
(a) a copy of the interim planning
scheme; and
(b) a consolidation of all the
statements, in relation to the
common provisions in the
scheme, that are provided to the
Commission under
section 30J(6), (8) or (9).
(4) The report in relation to the common
provisions of an interim planning scheme
is also to contain a statement by the
Commission in relation to each common
provision in respect of which a
representation has been made under
section 30I.
(5) The statement under subsection (4) in
relation to a common provision is to
specify whether the Commission is of the
opinion that
(a) the planning directive containing
the provision ought to be
modified to take into account the
representation made in respect of
the provision; and
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(b) the interim planning scheme
ought to be modified accordingly.
(6) The statement under subsection (4) in
relation to a common provision is to be
prepared having regard to any statement
of a local authority provided to the
Commission under section 30J in relation
to the common provision.
(7) The Commission is to provide to the
Minister the report prepared under
subsection (1) in relation to the common
provisions of an interim planning
scheme.
(8) The report in relation to the common
provisions of an interim planning scheme
is to be provided by the Commission to
the Minister within
(a) 9 months after the Commission
receives a report provided under
section 30J from the planning
authority in respect of the
scheme; or
(b) a longer period determined by the
Minister.
(9) The Minister, after considering the report
provided under subsection (7), may
direct the Commission to prepare, as a
draft planning directive under section 10,
a modification of a planning directive
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containing a common provision to which
the report relates.
30M. Modification of interim planning scheme
(1) After the Commission has considered
under section 30K the applicable matters
in relation to an interim planning scheme,
the Commission may
(a) direct the planning authority in
respect of the scheme to prepare a
modification, as specified in the
direction, to the scheme; or
(b) itself prepare modifications to the
scheme.
(2) A planning authority that is directed to
prepare a modification of an interim
planning scheme under subsection (1)(a)
must, in the period the Commission
allows, prepare and submit to the
Commission the scheme modified in
accordance with the direction.
(3) A modification of an interim planning
scheme may be prepared under this
section
(a) in respect of a local provision; or
(b) to correct an error in the interim
planning scheme.
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(4) A modification of an interim planning
scheme may be prepared under this
section in respect of a common
provision, but only if
(a) the modification is necessary to
comply with a planning directive;
or
(b) where the common provision is
an optional common provision,
the modification consists of
(i) taking the provision out of
the scheme; or
(ii) taking the provision out of
the scheme and replacing
it with another optional
common provision.
(5) The Commission may direct a planning
authority to re-exhibit, from a date
specified in the direction, a modification
of an interim planning scheme that is
prepared by the Commission or
submitted to the Commission under
subsection (2).
(6) If a direction is given to a planning
authority under subsection (5) in relation
to a modification of an interim planning
scheme, sections 30H, 30I, 30J, 30K and
30L and this section apply to the
modification
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(a) in the same way as those
provisions apply to an interim
planning scheme; and
(b) as if the direction were a notice
under section 30G(1)(a).
30N. Commission may make planning schemes
(1) If the Commission is satisfied that an
interim planning scheme, as modified if
at all under section 30M, is in order, the
Commission, with the approval of the
Minister, must make a planning scheme
consisting of the interim planning
scheme.
(2) Apart from sections 20 and 21,
Divisions 1, 2 and 2A do not apply in
relation to the making of a planning
scheme under this section.
(3) The Commission may only make a
planning scheme under subsection (1)
if
(a) the scheme complies with
sections 20 and 21; and
(b) the scheme complies with
section 30E as if it were a draft
interim planning scheme.
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(4) The Commission, by notice in the
Gazette, must declare that a planning
scheme has been made under this section.
(5) A planning scheme made under this
section comes into operation
(a) on the day on which the notice of
the declaration in relation to the
scheme is given under
subsection (4); or
(b) on a later day specified in the
notice.
(6) On the day on which a planning scheme
made under this section in relation to an
area of land comes into operation
(a) the interim planning scheme that
applied to the area of land
immediately before that day is
revoked; and
(b) an application for an ordinary
permit that
(i) was made under the
interim planning scheme;
and
(ii) had not been determined
by the date on which the
planning scheme comes
into operation
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is to be taken to be an application
made, under the planning scheme,
on the day on which the planning
scheme comes into operation.
(7) If a planning scheme is made under this
section, the Commission, as soon as
practicable, must give notice in writing
of the making of the scheme to
(a) all the planning authorities for
land in the regional area in which
is situated the land to which the
scheme applies; and
(b) the State Service Agencies that
the Minister notified under
section 30G(1)(d) in respect of
the interim planning scheme of
which the planning scheme
consists.
(8) If 2 or more planning authorities are
required under section 30H(2)(a) to begin
to exhibit interim planning schemes on
the same day, the Commission is to take
reasonable steps to ensure that, if the
schemes are to come into operation under
this section, the schemes also come into
operation on the same day, unless it is of
the opinion that to take such steps would
cause unreasonable delay in relation to
one or more of the schemes.
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30O. Amendments under Divisions 2 and 2A of
planning schemes made under section 30N
(1) An amendment may only be made under
Division 2 or 2A to a local provision of a
planning scheme made under
section 30N if the amendment is
consistent with the regional land use
strategy, if any, for the regional area in
which is situated the land to which the
scheme applies.
(2) An amendment may only be made under
Division 2 or 2A to a local provision of a
planning scheme made under
section 30N if the amendment is not such
that the local provision as amended
would be directly or indirectly
inconsistent with the common provisions.
(3) Despite subsection (2), an amendment
may be made to a local provision if
(a) the amendment is to the effect
that a common provision is not to
apply to an area of land; and
(b) a planning directive allows the
planning scheme to specify that
some or all of the common
provisions are not to apply to
such an area of land.
(4) An amendment may not be made under
Division 2 or 2A to a common provision
of a planning scheme made under
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section 30N, but may instead be made
under section 14.
(5) Despite subsection (4), an amendment of
a planning scheme made under
section 30N may be made under
Division 2 or 2A if the amendment
consists of
(a) taking an optional common
provision out of the scheme; or
(b) taking the provision out of the
scheme and replacing it with
another optional common
provision.
30P. Application for dispensation from
application of local provision of interim
planning scheme
(1) A person may apply to the Commission
for a dispensation from a local provision
of an interim planning scheme, including
a provision providing for the zoning of
an area of land to which the interim
planning scheme applies.
(2) If the applicant is not the owner of the
land to which the application relates, the
application must be
(a) signed by the owner or owners of
the land; and
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(b) accompanied by the written
permission of the owner or
owners for the application to be
made.
(3) The Commission must, within 14 days
after receiving under subsection (1) an
application for a dispensation in relation
to an interim planning scheme, give
notice in writing to the planning
authority for the area of land to which the
scheme relates.
(4) The notice under subsection (3) is to
(a) be accompanied by a copy of the
application to which the notice
relates; and
(b) request the planning authority to
provide to the Commission a
statement as to the opinion of the
planning authority in respect of
the application.
(5) A planning authority to which a notice is
given under subsection (3) may, within
28 days, provide to the Commission a
statement as to the opinion of the
planning authority in respect of the
application to which the notice relates.
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30Q. Process for consideration of dispensation
(1) Subject to subsection (2), the
Commission, after considering the
opinion, if any, provided to it by a
planning authority under section 30P(5)
in relation to an application under
section 30P(1), must decide
(a) to reject the application; or
(b) that the application ought to be
exhibited.
(2) The Commission must, under
subsection (1), reject an application
under section 30P(1) if a planning
authority recommends in a statement
provided to the Commission under
section 30P(5) in relation to the
application that the Commission reject
the application.
(3) The Commission must give notice in
writing to the following persons of the
decision of the Commission under
subsection (1) in relation to an
application under section 30P(1) for a
dispensation:
(a) the applicant;
(b) if the applicant is not the owner
of the land to which the
application relates, the owner or
owners of the land;
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(c) the planning authority notified of
the application under
section 30P(3).
(4) If the Commission decides that an
application under section 30P(1) ought to
be exhibited
(a) section 30H applies in relation to
the application as if a reference in
that section
(i) to a notice under
section 30G(1)(a) were a
reference to a notice
under subsection (3)(c);
and
(ii) to an interim planning
scheme were a reference
to the application; and
(iii) to a period of 2 months
were a reference to a
period of not less than 3
weeks and not more than
2 months; and
(b) section 30I applies in relation to
the application as if a reference in
that section to an interim
planning scheme were a reference
to the application; and
(c) section 30J (apart from
subsections (6), (8), (9) and (10)
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of that section) applies in relation
to the application as if a reference
in that section
(i) to an interim planning
scheme, or a local
provision, were a
reference to the
application; and
(ii) to a period of 4 months
were a reference to a
period of 35 days; and
(d) section 30K applies in relation to
the application as if a reference in
that section to an interim
planning scheme, or a local
provision, were a reference to the
application.
30R. Grant and revocation of dispensations
(1) After considering an application from a
person under section 30P and holding
hearings, if any, under section 30K in
relation to the application, the
Commission must determine
(a) to grant the dispensation sought
in the application; or
(b) to refuse to grant the dispensation
sought in the application.
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(2) The Commission may only grant a
dispensation if it is satisfied that the
dispensation
(a) would further the objectives set
out in Schedule 1; and
(b) would be in accordance with all
State policies; and
(c) is consistent with the safety
requirements set out in the
standards prescribed under the
Gas Pipelines Act 2000; and
(d) as far as practicable, will not
conflict with a use, or
development, in respect of land
next to the land to which the
dispensation relates, that is a use
or development permissible under
the relevant interim planning
scheme; and
(e) has been made after having
considered the environmental,
economic, social and heritage
impact that the use and
development permissible under
the dispensation will have on the
use and development of the
regional area in which the land is
situated.
(3) A dispensation may be granted on the
conditions specified in the dispensation.
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(4) The Commission is to give notice in
writing to the following persons of its
decision under subsection (1) in relation
to an application:
(a) the applicant;
(b) if the applicant is not the owner
of the land to which the
application relates, the owner or
owners of the land;
(c) the planning authority for the
land to which the application
relates.
(5) If a person is granted a dispensation in
relation to a local provision of an interim
planning scheme
(a) the local provision does not
apply, to the extent of any
inconsistency with the
dispensation, to the land to which
the dispensation relates; and
(b) the dispensation applies to the
land as if it were a local provision
of the interim planning scheme;
and
(c) when the interim planning
scheme, as amended if at all
under section 30M, is made a
planning scheme under
section 30N
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(i) a provision of the
planning scheme that is
inconsistent with the
dispensation does not
apply in relation to the
land to which the
dispensation relates; and
(ii) the dispensation applies to
the land as if it were a
local provision of the
planning scheme.
(6) An owner of land to which a dispensation
relates may apply to the Commission for
a revocation of the dispensation.
(7) The Commission may, after receiving an
application under subsection (6) in
relation to a dispensation, revoke or
refuse to revoke the dispensation.
7. Section 48AA inserted
After section 48 of the Principal Act, the
following section is inserted in Division 1:
48AA. Enforcement of special permits
A planning authority must, within the
ambit of its power, enforce the
observance of any condition or restriction
to which a special permit is subject.
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8. Section 54 amended (Additional information)
Section 54 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(2A) If the Appeals Tribunal determines that
(a) a planning authority had, in good
faith, required an applicant under
subsection (1) or (3) to provide
the authority with additional
information; but
(b) the authority ought to have been
satisfied with the information
provided to the planning authority
by the applicant before the
requirement was served on the
applicant
the period referred to in section 57(6)(b)
or 58(2) does not run for the period
beginning on the day on which the
requirement was served on the applicant
and ending at the end of the day that is 7
clear days after the day on which the
determination was made by the Appeals
Tribunal.
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9. Section 59 amended (Failure to determine an
application for a permit)
Section 59 of the Principal Act is amended as
follows:
(a) by omitting from subsection (5) "After"
and substituting "Subject to
subsection (5AA), after";
(b) by inserting the following subsection
after subsection (5):
(5AA) The Appeal Tribunal must not
make an order under
subsection (5) directing a
planning authority to pay costs
for a failure to determine an
application within a period, or a
further period, referred to in
subsection (1), if the failure only
arose because a purported
decision of the authority within
that period was of no effect in
law.
10. Section 60A amended (Permit for certain works not
required)
Section 60A of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or special
permit" after "Act, a permit";
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(b) by inserting in subsection (2) "or special
permit" after "permit".
11. Part 4, Division 2A inserted
After section 60A of the Principal Act, the
following Division is inserted in Part 4:
Division 2A Special permits for projects of regional
significance
60B. Interpretation: Division 2A
In this Division, unless the contrary
intention appears
"application for an ordinary
permit" means an application
made under Division 2 of this
Part, or Division 2A of Part 3, for
the issue of a permit;
"EMPC Act" means the
Environmental Management and
Pollution Control Act 1994;
"EPA Board" means the Board of the
Environment Protection
Authority established under
section 13 of the EMPC Act;
"EPA Director" means the Director
of the Environment Protection
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Authority appointed under
section 18 of the EMPC Act;
"Panel", in relation to a project,
means the Development
Assessment Panel established
under section 60M in relation to
the project;
"project of regional significance"
means a project that is declared
under section 60G to be a project
of regional significance;
"proponent", in relation to a project
(a) means the person from
time to time proposing a
project consisting of one
or more uses or
developments; and
(b) if a project consists of 2
or more uses or
developments that are
proposed to be undertaken
by different persons,
means the person
proposing the project as a
whole;
"statement of intent" means a
statement of intent that, under
section 60F, accompanies a
proposal from a proponent of a
project.
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60C. Projects eligible to be declared projects of
regional significance
(1) A project is eligible to be declared to be a
project of regional significance if
(a) the project is of regional planning
significance; or
(b) the project requires high-level
assessment; or
(c) the project would have a
significant environmental impact.
(2) A project is only of regional planning
significance if, in the opinion of the
Minister
(a) the project would make a
significant economic or social
contribution to a region; or
(b) the project is of a scale that
would be likely to significantly
affect the provision of
infrastructure, including social
infrastructure, in the region.
(3) A project only requires high-level
assessment if, in the opinion of the
Minister, the project
(a) is of such a scale or complexity;
or
(b) has such characteristics
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that the planning authority that would be
required under this Act to assess an
application for an ordinary permit in
relation to the project is unlikely to have
the capability or the resources to
adequately perform the assessment.
(4) A project that is to be situated on an area
of land may not be declared to be a
project of regional significance except
with the consent of the relevant persons.
(5) For the purposes of subsection (4), the
relevant persons are
(a) if all or part of the land is Crown
land, the Minister responsible for
Crown land; and
(b) if all or part of the land is owned
by a council, the general
manager, within the meaning of
the Local Government Act 1993,
of the council; and
(c) if all or part of the land is in
Wellington Park, the Wellington
Park Management Trust.
(6) A project that is to be situated on an area
of land may not be declared to be a
project of regional significance unless the
relevant persons have been notified.
(7) For the purposes of subsection (6), the
relevant persons are
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(a) if all or part of the land is land of
which the proponent is not the
owner, the owner, or owners, of
the land; and
(b) if all or part of the land is land
that is not owned by a council but
is occupied or administered by a
council, the council.
(8) A project that is to be situated on an area
of land may not be declared to be a
project of regional significance if a use or
development that is proposed to form
part of the project is prohibited under
(a) an interim planning scheme; or
(b) a planning scheme made under
section 30N
that applies in relation to the land.
(9) A project that is to be situated on an area
of land may be declared to be a project of
regional significance even though a use
or development proposed to form part of
the project is prohibited under a planning
scheme (other than an interim planning
scheme or a planning scheme declared
under section 30N) that applies in
relation to the land.
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60D. Proposals that projects be declared projects
of regional significance
(1) A proponent for a project may, by notice
in writing to the Minister, propose that
the Minister declare the project to be a
project of regional significance.
(2) A planning authority, by notice in writing
to the Minister, may propose that the
Minister declare a project to be a project
of regional significance.
(3) A planning authority may only propose a
project under subsection (2) if the project
consists in whole or in part of a use or
development that is wholly or partly
within the municipal area of the planning
authority.
(4) A planning authority that makes a
proposal under subsection (2) in relation
to an area of land must give notice in
writing of the making of the proposal
to
(a) the proponent; and
(b) the owner, or owners, of the land;
and
(c) if part of the land is situated
within the municipality of another
planning authority, that other
planning authority.
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(5) If a proposal is made under
subsection (1), the Minister must notify
each planning authority for the land to
which the proposal relates.
60E. Effect of proposal on applications for
ordinary permits
(1) In this section
"relevant time", in relation to an
application for an ordinary permit
that is made in respect of
(a) all or part of the land to
which a proposal under
section 60D(1) relates,
means the date on which
the relevant planning
authority is notified of the
proposal under
section 60D(5); or
(b) all or part of the land to
which a proposal under
section 60D(2) relates,
means
(i) the date on which
the proposal is
made; or
(ii) if the application
is made to a
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planning authority
other than the
authority that
made the proposal,
the date on which
the planning
authority is
notified of the
proposal under
section 60D(4)(c).
(2) This section applies to an application for
an ordinary permit in respect of all or
part of the land to which a proposal
under section 60D relates, if the
application has been made to, but not
determined by, a planning authority,
before the relevant time.
(3) If this section applies to an application
for an ordinary permit, the planning
authority must not determine the
application unless and until a decision is
made under section 60G(1)(b) to refuse
to declare the project to be a project of
regional significance.
(4) A determination of an application for an
ordinary permit to which this section
applies that is made in contravention of
subsection (3) is void.
(5) If this section applies to an application
for an ordinary permit, the period
between
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(a) the relevant time; and
(b) the day on which the Minister
makes a decision under
section 60G in relation to the
project
is not, in relation to the application, to be
taken into account in any calculation for
the purposes of this Act of a period of
time beginning on the day on which the
application was lodged with the planning
authority.
60F. Statement of intent and other information
(1) A proposal from a proponent of a project
under section 60D(1) is to be
accompanied by a statement of intent for
the project.
(2) A statement of intent for a project is to
contain the following information:
(a) the name and contact details of
the proponent;
(b) the name of the project;
(c) a description of the project,
including its key physical
components;
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(d) an outline of the proposed
location of the project and a
general site location plan;
(e) the anticipated impact, if any, of
the project, or infrastructure
associated with the project, on
other areas;
(f) a general description of the
physical environment that may be
affected by the project;
(g) the key environmental, health,
economic, social and heritage
issues that the proponent has
identified in respect of the
project;
(h) the surveys and studies proposed
or being undertaken in relation to
the key issues in respect of the
project;
(i) the proposed timetable for the
project;
(j) how, if at all, the project may
make a significant contribution to
the economic or social
development of the region in
which it is proposed to be
situated.
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(3) The reference in subsection (2)(e) to the
anticipated impact of the project or
infrastructure on other areas includes
(a) both areas that are in, and areas
that are outside, the regional area
in which the project is to be
situated; and
(b) the anticipated impact on the
provision of social infrastructure,
and other infrastructure, in those
areas.
(4) A proposal under section 60D(2) from a
planning authority is to be accompanied
by so much of the information that is in
the possession of the planning authority
as would be required to be provided by
the proponent in a statement of intent
under subsection (1), if the proposal were
made by the proponent under
section 60D(1).
(5) The Minister may accept a proposal
under section 60D even though it is not
accompanied by all the information
required to be specified in the statement
of intent required under this section to
accompany the application.
(6) The Minister may request a proponent or
a planning authority to provide to the
Minister, within the period specified in
the request, information of the kind
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specified in the request that is in the
possession of the proponent or authority,
respectively.
(7) Information may only be requested under
subsection (6) if it is reasonably
necessary to enable the Minister to
determine whether or not to declare a
project to be a project of regional
significance.
(8) A proponent or planning authority to
which a request is made under
subsection (6) is to take all reasonable
steps to provide the Minister, as soon as
practicable but in any case within the
period specified in the request, with the
information specified in the request.
60G. Declaration of project of regional
significance
(1) The Minister may, by notice in the
Gazette, after receiving under
section 60D(1) or (2) a proposal from a
person in relation to a project, declare the
project
(a) to be a project of regional
significance; or
(b) to not be a project of regional
significance.
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(2) The Minister is to make a declaration
under subsection (1) in relation to a
proposal within 14 days
(a) from the day on which he or she
receives notice of the proposal
under section 60D; or
(b) from the day on which he or she
receives further information in
accordance with a request made
under section 60F(6) in relation
to the proposal
whichever is the later.
(3) The Minister, of his or her own motion,
may, by notice in the Gazette, declare a
project to be a project of regional
significance.
(4) The Minister may only declare a project
to be a project of regional significance if
the Minister considers the project to be
eligible to be declared such a project.
(5) The Commission, with the approval of
the Minister, may issue guidelines, not
inconsistent with this Act, as to the
matters to which the Minister is to have
regard in determining whether to declare
a project to be a project of regional
significance.
(6) In determining whether to declare a
project to be a project of regional
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significance, the Minister is to have
regard to the guidelines, if any, issued by
the Commission under subsection (5).
(7) A declaration under this section that a
project is to be a project of regional
significance must specify
(a) the land on which the project is to
be situated; and
(b) the uses or developments that the
project proposes for the land; and
(c) the proponent of the project; and
(d) the grounds on which the
Minister declared the project to
be a project of regional
significance.
(8) A declaration of a project of regional
significance may include any use or
development that is necessary for the
implementation of the project, whether or
not the use or development is to be
undertaken by or on behalf of the
proponent named in the declaration.
(9) The Minister may, in a declaration under
this section of a project of regional
significance that is to take place on an
area of land that is not within any
municipality, specify that a planning
authority nominated in the notice is to be
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the planning authority in relation to the
project.
(10) The Minister may only nominate, in a
notice referred to in subsection (9) in
relation to an area of land, a planning
authority for a municipality that is within
a regional area adjacent to the area of
land.
(11) The Minister is to give notice in writing
of the making of a declaration of a
project under subsection (1) or (3) to
(a) the proponent; and
(b) all planning authorities in the
regional area, or regional areas in
which the project to which the
declaration relates is to be
situated; and
(c) if the project is to take place on
an area of land that is not within
any municipality, all planning
authorities in the regional area
that is adjacent to the area of
land; and
(d) the Commission; and
(e) if the land on which the project is
or was to be situated is situated in
Wellington Park, the Wellington
Park Management Trust.
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(12) The Minister must ensure that a notice of
a declaration under subsection (1) or (3)
in relation to a project is placed in a
newspaper generally circulating in the
area in which the project is or was to be
situated.
60H. Effect of declaration of project of regional
significance
(1) Division 2 of this Part and Division 2A
of Part 3 do not apply in relation to a use
or development that forms part of a
project of regional significance.
(2) A person must not undertake on land a
use or development that forms part of a
project of regional significance on the
land, except under and in accordance
with a special permit granted under
section 60T in relation to the project.
(3) Subsection (2) does not apply in relation
to a use or development for the purposes
of conducting an assessment under this
Division.
(4) If a project is declared to be a project of
regional significance
(a) an application for an ordinary
permit, in relation to a use or
development forming all or part
of the project, that has been made
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to, but not determined by, the
planning authority, is taken to
have been withdrawn on the day
of the declaration; and
(b) the planning authority to which
the application was made must, as
soon as practicable, refund to the
applicant half of any fees that the
applicant has paid in respect of
the application.
60I. Fees
(1) The relevant fee, as specified or
calculated in accordance with regulations
for the purposes of this section, is due
and payable to the Commission by the
proponent within 30 days after the
project is declared under section 60G to
be a project of regional significance.
(2) The proponent of a project may, within
30 days after the Panel makes a decision
under section 60T in relation to the
project, apply to the Commission for a
review of the amount of the relevant fee
paid by the proponent under
subsection (1) in relation to the project.
(3) The Commission must, as soon as
practicable after receiving an application
under subsection (2) from a proponent,
appoint a State Service employee to
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conduct a review of the amount of the
relevant fee paid by the proponent under
subsection (1) in relation to the project.
(4) A person appointed under subsection (3)
to conduct a review in relation to a
project must assess the costs incurred by
the Panel in carrying out the Panel's
function under this Part of determining
whether to grant a special permit in
relation to the project.
(5) If the person is satisfied that the costs
referred to in subsection (4) in relation to
a project are less than the amount the
proponent of the project was required to
pay as a relevant fee under
subsection (1), the person may authorise
the refund to the proponent of the
difference between the amounts.
(6) A refund to the proponent is to be made
in accordance with an authorisation
under subsection (5).
(7) A person appointed under subsection (3)
to conduct a review in relation to a
project must determine the review within
30 days after he or she is so appointed.
(8) Regulations for the purposes of this
section may prescribe
(a) a maximum and a minimum
amount of a relevant fee; and
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(b) that a relevant fee is to be
calculated in accordance with a
method specified in the
regulations
or both, in respect of a project or of a
project of a type specified in the
regulations.
60J. Revocation of declaration
(1) A proponent of a project may at any
time, by notice in writing to the Minister,
request the Minister to revoke the
declaration of a project of regional
significance in respect of all or part of
the area of land to which the declaration
relates.
(2) The Minister, by notice in the Gazette,
may revoke a declaration of a project of
regional significance in respect of all or
part of an area of land
(a) in accordance with a request
under subsection (1); or
(b) if the Minister is satisfied that the
proponent does not intend the
project to proceed in relation to
the land or the part of the area of
land.
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(3) The Minister is to give notice of a
revocation of a declaration of a project of
regional significance to the persons
notified of the declaration of the project
under section 60G(11).
(4) The Minister is to ensure that a notice of
the revocation of a declaration of a
project of regional significance is placed
in a newspaper generally circulating in
the area in which the project was, or was
to be, situated.
(5) If a declaration of a project of regional
significance is revoked under
subsection (2) in relation to all or part of
an area of land
(a) this Division ceases to apply to
the land to which the revocation
relates; but
(b) a person is not to be taken to have
committed an offence under this
Act by reason of any action
taken, or not taken, before this
Division ceased to apply, if the
action or failure was lawful under
this Division before this Division
ceased to apply.
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60K. Project to be referred to Director of
Environment Protection Authority
(1) If a project is declared to be a project of
regional significance, the Minister must,
within 7 days, refer the project to the
EPA Director.
(2) If the Minister refers a project to the EPA
Director, the Minister is to forward to the
Director
(a) the statement of intent, if any, in
relation to the project; and
(b) any other information that is
provided to the Minister under
section 60F in relation to the
project.
(3) If a project is referred to the EPA
Director under subsection (1), he or she
is to determine, within 14 days, whether
the EPA Board is to undertake an
environmental impact assessment of the
project.
(4) The EPA Director is to notify the
Minister of the Director's determination
under subsection (3).
(5) The EPA Director is to be taken to have
determined under subsection (3) that the
EPA Board is to undertake an
environmental impact assessment of a
project referred to the EPA Director
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under subsection (1), if the EPA Director
has not notified the Minister to the
contrary within 14 days after the project
is referred to the Director.
(6) The Minister is to notify the Panel in
relation to a project about the
determination of the EPA Director under
this section in relation to the project.
60L. Environmental impact assessment by EPA
Board
(1) If the EPA Director determines under
section 60K that the EPA Board is to
undertake an environmental impact
assessment of a project, the EPA Board,
as soon as practicable, must carry out an
environmental impact assessment of the
project.
(2) The environmental impact assessment of
a project is to be carried out
(a) in accordance with the
Environmental Impact
Assessment Principles specified
in the EMPC Act; and
(b) under Division 1A of Part 3 of
the EMPC Act, as modified under
subsection (3), and Part 5 of that
Act.
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(3) For the purposes of an environmental
impact assessment of a project in
accordance with this section, the EMPC
Act is modified as follows:
(a) a reference, in Division 1A of
Part 3 of the EMPC Act, to the
planning authority is to be taken
to be a reference to the Panel for
the project;
(b) a reference, in Division 1A of
Part 3 of, or Part 5 of, the EMPC
Act, to an applicant or a
proponent is to be taken to be a
reference to the proponent of the
project;
(c) a reference, in Division 1A of
Part 3 of, or Part 5 of, the EMPC
Act, to an activity is to be taken
to be a reference to the project;
(d) a reference, in Division 1A of
Part 3 of the EMPC Act, to
section 25 of that Act is to be
taken to be a reference to this
section;
(e) a reference, in section 27B of the
EMPC Act, to
(i) a person who lodged an
application for a permit is
to be taken to be a
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reference to the proponent
of the project; and
(ii) a notice of intent is to be
taken to be a reference to
the information provided
to the EPA Director under
section 60K(2);
(f) section 27C of the EMPC Act
does not apply;
(g) a reference, in section 27D of the
EMPC Act, to advice under
section 27C is to be taken to be a
reference to advice under
subsection (4);
(h) section 27G(4) of the EMPC Act
does not apply;
(i) a reference, in section 44 of the
EMPC Act, to a permit is to be
taken to include a reference to a
special permit;
(j) the reference, in section 74(4) of
the EMPC Act, to providing the
proponent with guidance is to be
taken to be satisfied if the
guidance is provided to the Panel
under subsection (5).
(4) If the EPA Director determines under
section 60K(3) that the EPA Board is to
undertake an environmental impact
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assessment of a project, then, within 21
days of the day on which the project is
referred to the EPA Director under
section 60K(1), the EPA Board is to
advise the proponent, and the Minister,
of the class of assessment that is
proposed to be undertaken under section
27A of the EMPC Act.
(5) The EPA Board is to provide to the Panel
the guidance that the EPA Board is
required under section 74(4) of the
EMPC Act to provide to the proponent.
(6) The Panel must forward to the Director
any representations received by the Panel
under section 60Q in relation to the
project, as soon as practicable after
receiving them.
(7) The Panel must comply with a direction
of the Director under section 27G of the
EMPC Act.
(8) On completion of an environmental
impact assessment of a project of
regional significance, the EPA Board
must notify the Panel for the project as to
whether the EPA Board
(a) requires any conditions or
restrictions to be contained in any
special permit that may be
granted in relation to the project;
or
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(b) directs the Panel to refuse to grant
a special permit in relation to the
project.
(9) The EPA Board must specify in the
notice under subsection (8)
(a) any condition or restriction, of a
kind specified in section 25(6) of
the EMPC Act, that the EPA
Board requires to be imposed on
a special permit granted in
relation to the project; and
(b) the reasons for requiring the
condition or restriction or for
directing the Panel to refuse to
grant a special permit in relation
to the project.
(10) The proponent of a project in relation to
which an environmental impact
assessment is carried out in accordance
with this section is liable to pay to the
EPA Board, by the date specified in a
notice by the Board to the proponent, the
relevant fees for the assessment of the
project.
(11) The relevant fees for the assessment by
the EPA Board of a project are the fees
that the proponent would have been
liable to pay for the assessment of the
project if
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(a) the proponent had made an
application for an ordinary permit
in relation to the project; and
(b) the environmental impact
assessment had been carried out
under and in accordance with the
EMPC Act as if this section did
not apply.
60M. Development Assessment Panel to be
established for assessment of project
(1) The Commission must establish a
Development Assessment Panel in
relation to a project that is declared to be
a project of regional significance.
(2) A Development Assessment Panel must
be established under subsection (1) in
relation to a project as soon as
practicable after the Commission is given
notice under section 60G(11) of the
declaration of the project to be a project
of regional significance.
(3) The Commission is to establish a Panel
in relation to a project by appointing to
be members of the Panel
(a) a member of the Commission, or
any other person nominated by
the Commission, who is to be the
chairperson of the Panel; and
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(b) a person with the appropriate
qualifications and experience
who is nominated by the councils
for the municipalities that are
within any regional areas in
which part or all of the project is
to take place; and
(c) a person who, in the opinion of
the Commission, has
qualifications or experience that
are relevant to the assessment of
the project.
(4) The person appointed under
subsection (3)(a) must not be a person
who is appointed to the Commission
under section 5(1)(g) or (h) of the
Tasmanian Planning Commission Act
1997.
(5) A person has appropriate qualifications
and experience for the purposes of
subsection (3)(b) if the person has
(a) qualifications or experience in
land use planning, urban and
regional development, commerce
or industry; or
(b) practical knowledge of, and
experience in, the provision of
buildings or other infrastructure.
(6) The Commission is to request the
councils within all regional areas in
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which all or part of a project is to take
place to together nominate, within 21
days after receiving the request, a person
for the purposes of subsection (3)(b).
(7) If the councils have not nominated a
person within 21 days after receiving a
request to do so, the Commission may
appoint a person for the purposes of
subsection (3)(b), even though the person
has not been nominated by the councils,
if the person satisfies the requirements of
subsection (5).
(8) If the Commission is of the opinion that
the scale, specialist nature or complexity
of a project of regional significance
makes it desirable to do so, the
Commission may appoint to be members
of the Panel, in addition to the persons
appointed under subsection (3), not more
than 2 other persons.
(9) A person appointed under subsection (8)
in relation to a project is to be a person
who has the qualifications and
experience that the Commission thinks
appropriate to assist in the assessment of
the project.
(10) The quorum for a Panel is 3.
(11) Subject to this Division, a Panel is to
determine its own proceedings.
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60N. Panel to determine guidelines for how
assessment is to be made
(1) The Panel in relation to a project must
determine the assessment guidelines in
respect of the project.
(2) The Panel must make a determination
under subsection (1) in relation to the
project before
(a) 35 days after the declaration of
the project under section 60G; or
(b) 5 clear days after the EPA Board
provides to the proponent, in
accordance with section 27D of
the EMPC Act as applied by
section 60L, guidance in relation
to the project; or
(c) the end of a period approved by
the Minister
whichever period expires later.
(3) The assessment guidelines in respect of a
project are the matters
(a) to be addressed in the project
impact statement in relation to the
project; and
(b) to which the Panel must have
regard in assessing whether to
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grant a special permit in relation
to the project.
(4) The assessment guidelines in respect of a
project are only to include matters to be
addressed that are reasonably required to
enable the proper assessment of
(a) whether a special permit in
relation to the project ought to be
granted; and
(b) if a special permit were to be
granted in relation to the project,
the conditions or restrictions, if
any, to which the permit ought to
be subject.
(5) Before determining the assessment
guidelines in respect of a project, the
Panel must consult
(a) the Commission; and
(b) the planning authorities for any
regional area in which part or all
of the project is to take place; and
(c) the State Service Agencies that
the Panel believes to have an
interest in the project; and
(d) if all or part of the land to which
the project relates is in
Wellington Park, the Wellington
Park Management Trust.
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(6) In determining the assessment guidelines
in respect of a project that is to be
situated on an area of land, the Panel is to
have regard to
(a) any planning scheme (whether
the scheme is an interim planning
scheme, a planning scheme
declared under section 30N or a
planning scheme approved under
section 29) that applies to the
land; and
(b) any special planning order that
applies to the land; and
(c) any regional land use strategy, if
any, for the regional area in
which the land is situated; and
(d) any applicable State policy.
(7) If the Panel has been notified under
section 60K(6) that the EPA Board is to
carry out an environmental impact
assessment of the project, the Panel may
not determine the assessment guidelines
in respect of the project until the Panel
(a) has received guidance in relation
to the project from the EPA
Board under section 60L(5); or
(b) has been notified by the Board
that the Board does not intend to
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issue such guidance in relation to
the project.
(8) If the EPA Board has, under
section 60L(5), provided to the Panel
guidance in relation to a use or
development forming part of a project
(a) the assessment guidelines are to
include the guidance provided to
the Panel by the EPA Board; and
(b) the Panel is to provide to the EPA
Board a copy of the assessment
guidelines in respect of the
project.
(9) As soon as practicable after determining
the assessment guidelines in respect of a
project, the Panel must give notice of the
guidelines in the prescribed manner.
60O. Project impact statements to be provided to
Panel
(1) As soon as practicable, and in any case
within 7 days, after determining under
section 60N the assessment guidelines in
respect of a project, the Panel must give
to the proponent
(a) a copy of the assessment
guidelines; and
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(b) a notice specifying that the
proponent is required, within a
period specified in the notice, to
provide to the Panel a project
impact statement in relation to the
project.
(2) A project impact statement is a statement
that addresses the matters set out in the
assessment guidelines in respect of the
project.
(3) A proponent of a project must provide to
the Panel a project impact statement in
relation to the project within the period
specified in the notice under
subsection (1)(b).
(4) The Panel may, by notice to a proponent,
extend the period in which the proponent
is to provide a project impact statement
to the Panel.
(5) If the Panel has been notified under
section 60K(6) that the EPA Board is to
carry out an environmental impact
assessment of a project, the Panel, as
soon as practicable, must provide to the
EPA Director a copy of a project impact
statement provided to the Panel under
subsection (3) in relation to the project.
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60P. Panel may request information to be
provided
(1) The Panel may request any of the
following persons to provide to the
Panel, within the period specified in the
request, further information of the kind
specified in the request:
(a) the proponent for a project;
(b) a planning authority;
(c) the Commission;
(d) a State Service Agency;
(e) a State authority within the
meaning of the State Service Act
2000;
(f) a Regional Corporation;
(g) the Wellington Park Management
Trust.
(2) The Panel may only request the
proponent to provide further information
under subsection (1) before 28 days after
the Panel has received from the
proponent under section 60O(3) a project
impact statement in relation to the
project.
(3) The Panel may only request a person to
provide further information under
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subsection (1) if the information may
assist the Panel to determine
(a) whether to grant a special permit
in relation to a project; or
(b) if the Panel were to grant a
special permit in relation to a
project, the conditions or
restrictions, if any, to which the
permit ought to be subject.
(4) A person to whom a request is made
under subsection (1) is to take all
reasonable steps to provide to the Panel,
as soon as practicable but in any case
within the period specified in the request,
the information specified in the request.
(5) If the Panel has been notified under
section 60K(6) that the EPA Board is to
carry out an environmental impact
assessment of a project, the Panel, as
soon as practicable after information in
relation to the project is provided to the
Panel under subsection (4), must provide
a copy of the information to the EPA
Director.
60Q. Notification and exhibition of project
(1) The Panel must give notice, in the
prescribed manner, of the public
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exhibition of a project of regional
significance.
(2) The Commission must place on the
Commission's principal website, for the
period of the public exhibition, a notice
of the public exhibition of a project of
regional significance.
(3) The Panel must give notice under
subsection (1) as soon as practicable after
receiving under section 60O(3) a project
impact statement in relation to a project,
but in any case within 14 days after
receiving the statement.
(4) A notice referred to in subsection (1), in
addition to any other matters required by
the regulations to be contained in it
(a) is to name a place where a copy
of
(i) the assessment guidelines
in respect of the project;
and
(ii) the project impact
statement in relation to
the project
will be available for inspection by
the public at all reasonable hours
during the period for which
representations may be made in
relation to the project; and
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(b) is to specify that representations
in relation to the project may be
made to the Panel during the
period that applies to the project
under subsection (7); and
(c) is to specify the address to which
a representation may be made.
(5) After the Panel gives notice in
accordance with subsection (1), the
Panel, and the planning authority for any
land on which part or all of the project is
to take place, must arrange, in the
prescribed manner, the public exhibition
of
(a) the assessment guidelines in
respect of the project; and
(b) the project impact statement in
relation to the project
at the place, and during the period,
specified in the notice.
(6) A person may make a representation to
the Panel in relation to the project.
(7) A representation may only be made
under subsection (6) during
(a) the period of 28 days beginning
on the date on which notice in
relation to the project is given
under subsection (1); or
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(b) despite paragraph (a), if the EPA
Director, before the notice in
relation to the project is given
under subsection (1), issues in
relation to the project a direction
under section 27G of the EPA
Act that specifies a period, that
period; or
(c) despite paragraphs (a) and (b), if
the Panel determines, before the
notice in relation to the project is
given under subsection (1), a
period, of not more than 42 days,
in which representations may be
made, that period.
(8) A person must not, within the period
specified in the notice under
subsection (1), obscure or remove a
notice given under subsection (1) that is
displayed on the land to which the notice
relates.
Penalty: Fine not exceeding 10 penalty
units.
(9) If a period referred to in this section
includes any days on which the offices of
the Commission are closed during
normal business hours, that period is to
be extended by the number of those days.
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60R. Notification and hearings in relation to
project
(1) As soon as practicable after the public
exhibition, referred to in section 60Q(1),
of the documents in relation to a project
begins, the Panel must give notice in the
prescribed manner.
(2) The notice under subsection (1) in
relation to a project is to be given to
(a) all planning authorities in the
regional area in which the land is
situated; and
(b) all State Service Agencies that
have been consulted in respect of
the project under
section 60N(5)(c); and
(c) the Regional Corporation for the
region in which the land is
situated; and
(d) if all or part of the land is in
Wellington Park, the Wellington
Park Management Trust.
(3) The notice under subsection (1) is to
advise each person to whom it is given
about the exhibition of the documents in
relation to a project and invite the
persons to make representations in
relation to the project, including
representations as to
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(a) whether a special permit ought to
be granted in relation to the
project; and
(b) if a special permit were to be
granted in relation to the project,
the conditions or restrictions, if
any, that ought to be imposed on
the permit.
(4) The Panel must hold hearings in respect
of a project, as soon as practicable after
the public exhibition of the project under
section 60Q(5) ends.
(5) Despite subsection (4), the Panel may
dispense with the holding of a hearing in
relation to a representation in relation to
a project if, after examining the
representations received
(a) the Panel is satisfied that all the
representations are in support of
the project; or
(b) the Panel has consulted with a
person who made the
representation and that person has
advised the Panel in writing that
he or she does not wish to attend
a hearing.
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60S. When decision about grant of special permit
is to be made
(1) The Panel is to decide whether to grant a
special permit in relation to a project
under section 60T as soon as practicable
after the end of the consultation and
hearings, if any, conducted under
section 60R in respect of the project.
(2) In any case, if the Panel has been notified
under section 60K(6) that the EPA Board
is not to undertake an environmental
impact assessment of the project, the
Panel is to decide whether to grant under
section 60T a special permit in relation to
the project
(a) within the 4 month period after
the Panel receives the project
impact statement in relation to the
project under section 60O(3); or
(b) within a period specified by the
Minister
whichever is the later.
(3) If the Panel has requested the proponent
under section 60P to provide the Panel
with further information in relation to a
project, the period between the day on
which that request is made and the day
on which the proponent provides the
information to the satisfaction of the
Panel is not to be counted in the
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calculation of the period referred to in
subsection (2) in relation to the project.
(4) In any case, if the Panel has been notified
under section 60K(6) that the EPA Board
is to undertake an environmental impact
assessment of the project, the Panel is to
decide whether to grant under
section 60T a special permit in relation to
the project within
(a) one month after the Panel
receives from the EPA Board a
notice in relation to the project
under section 60L(8); or
(b) a longer period specified by the
Minister.
60T. Grant of special permit
(1) The Panel may, in accordance with this
section
(a) grant a special permit in relation
to a project of regional
significance; or
(b) refuse to grant a special permit in
relation to a project of regional
significance.
(2) A special permit may be granted
unconditionally or on the conditions or
restrictions, specified on the permit, that
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are imposed on the permit under
section 60U.
(3) In deciding under subsection (1) whether
to grant a permit in relation to a project,
the Panel must consider any
representations made under section 60Q
in relation to the project.
(4) The Panel may only grant a special
permit in relation to a project if it is
satisfied that
(a) the grant of the permit will
further the objectives specified in
Schedule 1; and
(b) the grant of the permit will not
contravene any State Policy,
planning directive, interim
planning scheme or any planning
scheme that is made under
section 30N; and
(c) the assessment guidelines in
respect of the project have been
satisfied; and
(d) the relevant fee required under
section 60I(1), and any other fee
required under any other Act to
be paid for the assessment of the
project, have been paid; and
(e) the Panel has received under
section 60L(8) a notice in relation
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to the project from the EPA
Board and the EPA Board has not
directed the Panel to refuse to
grant a special permit in relation
to the project.
(5) The Panel may grant a special permit in
relation to a project, even though the use
or development permitted by the permit
would not be permitted under a planning
scheme (other than an interim planning
scheme or a planning scheme that is
made under section 30N) that applies to
the land to which the permit relates.
(6) The Panel must give to the proponent,
and provide on request to a person, a
statement of the reasons for granting, or
refusing to grant, a special permit under
subsection (1).
(7) If a special permit is granted to the
proponent of a project
(a) the proponent is liable to pay to
the EPA Board the fees that the
proponent would have been liable
to pay under that Act if the
special permit had been a permit
within the meaning of this Act;
and
(b) the EMPC Act applies in relation
to such fees accordingly.
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60U. Special permit may be granted subject to
conditions or restrictions
(1) Subject to section 60V, the Panel may
impose on a special permit granted under
section 60T(1)(a) conditions or
restrictions on the use or development of
the land to which the permit relates.
(2) The Panel must impose on a special
permit granted under section 60T(1)(a)
any conditions or restrictions required
under section 60L(9) to be imposed on
the permit.
(3) The Panel must not impose on a special
permit a condition or restriction that is
inconsistent with a condition or
restriction required under section 60L(9)
to be imposed on the permit.
(4) The Panel must notify, of the conditions
or restrictions, if any, imposed on a
permit, the persons notified under
section 60V(2) in respect of the project to
which the permit relates.
(5) The conditions that may be imposed on a
special permit include, but are not limited
to including, a condition that all
reasonable steps must be taken to enter
into an agreement in respect of a use or
development forming all or part of the
project to which the permit relates.
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(6) If a condition referred to in
subsection (5) is included, the Panel must
specify on the special permit the matters,
and the requirements in respect of those
matters, to be included in the agreement.
(7) If
(a) a person is granted a special
permit on which is imposed a
condition, referred to in
subsection (5), that all reasonable
steps must be taken to enter into
an agreement; and
(b) that person is not the owner of the
land in respect of which the
agreement must be entered into
the Panel must, within 7 days of granting
the permit, serve on the owner of the land
notice of the Panel's decision to impose
the condition.
60V. Process for determining conditions or
restrictions to be imposed on special permits
(1) In deciding under section 60U whether to
impose conditions or restrictions on a
special permit to be granted in relation to
the project, the Panel must consider any
representations made under section 60Q
in relation to such conditions or
restrictions.
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(2) At least 14 days before granting under
section 60T(1)(a) a special permit on
which a condition or restriction is
imposed under section 60U, the Panel
must provide to the following persons a
copy of the conditions or restrictions that
it proposes to impose:
(a) the proponent;
(b) the planning authority for the
land to which the permit is to
relate;
(c) the EPA Board;
(d) the Regional Corporation for the
region in which the land is
situated;
(e) if all or part of the land is in
Wellington Park, the Wellington
Park Management Trust.
(3) A person notified under subsection (2)
may, within 14 days of receiving a copy
of a proposed condition or restriction in
respect of a proposed special permit, set
out, by notice to the Panel
(a) any objections the person may
have to the proposed condition or
restriction; and
(b) any other conditions or
restrictions that the person thinks
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ought to be specified on the
proposed special permit.
(4) If a person, in a notice under
subsection (3), objects to a proposed
condition or restriction that the EPA
Board requires, in a notice to the Panel
under section 60L(8), to be specified in
the permit
(a) the Panel must forward a copy of
the objection to the EPA Board;
and
(b) the EPA Board may, if it thinks
fit, within 14 days, by notice to
the Panel, amend the notice under
section 60L(8).
60W. When special permit takes effect
(1) A special permit takes effect on the day
on which it is granted or another later
day specified in the permit.
(2) If any other approvals under this Act or
another Act are required for the proposed
use or development to which a special
permit relates, the special permit does not
take effect until all those approvals have
been granted.
(3) If it is a condition of a special permit that
all reasonable steps be taken to enter into
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an agreement, the permit does not take
effect until
(a) the day the agreement is
executed; or
(b) the day the Commission notifies
the proponent in writing under
subsection (4) that the
Commission is satisfied that the
proponent has taken all
reasonable steps to enter into
such an agreement.
(4) The Commission may, on the application
of a proponent of a project, issue a notice
in writing to the proponent stating that
the Commission is satisfied that the
proponent has taken all reasonable steps
to enter into an agreement.
(5) The Commission must give notice of the
issue of a notice under subsection (4) in
relation to a project to the council for the
land to which the notice under
subsection (4) relates.
(6) If
(a) after a period of 4 years from the
date on which a special permit
was granted; or
(b) where the Commission has
granted an extension under
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subsection (7), after a further
period of 2 years
the principal use or development in
respect of which a special permit was
granted is not substantially commenced,
the permit lapses.
(7) If the principal use or development in
respect of which a special permit was
granted is not, or is unlikely to be,
substantially commenced before the
permit would otherwise lapse under
subsection (6)(a), the Commission may
grant (once only) a 2-year extension of
the period during which that use or
development must be substantially
commenced.
60X. Amendment, revocation and correction of
special permits
(1) The Commission may, on the application
of the proponent of a project, by notice in
writing to the proponent, amend a
condition or restriction imposed on a
special permit granted in relation to the
project.
(2) The Commission may, on the application
of
(a) the EPA Director; or
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(b) the planning authority for the area
of land to which the project
relates
by notice in writing to the proponent,
amend a condition or restriction imposed
on a special permit granted in relation to
the project.
(3) The Commission may only amend under
subsection (2) a condition or restriction
imposed on a permit if it has invited the
proponent of the project to which the
permit relates to show cause why the
condition or restriction should not be
amended as proposed.
(4) The Commission may only amend under
subsections (1) or (2) a condition or
restriction imposed on a special permit if,
at least 14 days before amending the
condition or restriction
(a) the Commission has invited the
EPA Director to advise the
Commission within 14 days, or a
longer period allowed by the
Commission, as to whether the
EPA Director objects to the
condition or restriction being
amended as proposed; and
(b) the EPA Director has not, within
the time required under
paragraph (a), advised that the
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Director objects to the condition
or restriction being amended as
proposed.
(5) Subsection (4) does not apply in relation
to an amendment of a condition or
restriction imposed on a special permit
that has been requested by the EPA
Director under subsection (2).
(6) The Commission may only amend under
subsections (1) or (2) a condition or
restriction imposed on a special permit in
relation to an area of land if
(a) at least 14 days before amending
the condition or restriction the
Panel has provided a copy of the
proposed conditions or
restrictions to
(i) the planning authority for
the area of land; and
(ii) the Regional Corporation
for the region in which
the land is situated; and
(iii) if all or part of the land is
in Wellington Park, the
Wellington Park
Management Trust; and
(b) the Commission has considered
any objections in relation to the
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condition or restriction that it has
received under subsection (7).
(7) A person notified under subsection (6)
may, within 14 days of receiving the
notice, by notice to the Panel, set out the
person's objections to the amendment of
the condition or restriction.
(8) The Commission may only amend under
subsections (1) or (2) a condition or
restriction imposed on a special permit if
the amendment
(a) will not cause an increase in
detriment to any person other
than the proponent; and
(b) does not change the use or
development for which the permit
was issued, other than by
changing in a minor way the
description of the use or
development.
(9) The Commission may only amend a
condition or restriction imposed on a
special permit in relation to an area of
land if it is satisfied that the condition or
restriction of the permit, as so amended,
would not be inconsistent with
(a) the objectives set out in
Schedule 1; and
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(b) any interim planning scheme, or
planning scheme made under
section 30N, that applies to the
land; and
(c) a planning directive or State
policy.
(10) If the Commission amends a condition or
restriction imposed on a special permit in
relation to a project, the Commission is
to give notice in writing to
(a) each person notified under
subsection (4) or (6) of the
proposal to amend the condition
or restriction; and
(b) each person who has made a
representation under
section 60Q(6) in relation to the
conditions or restrictions to be
imposed on the special permit.
(11) The Commission may, on the application
of a proponent of a project or the owner
of the land to which a special permit
relates, by notice in writing to the
proponent or owner, as the case may be,
revoke a special permit granted in
relation to a project.
(12) The Commission may, by notice in
writing to the proponent, correct a special
permit if the permit contains
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(a) a clerical mistake or an error
arising from any accidental slip
or omission; or
(b) an evident material
miscalculation of figures or an
evident material mistake in the
description of any person, thing
or property referred to in the
permit.
(13) If the Commission revokes or corrects a
special permit in relation to a project
carried out or to be carried out on an area
of land, the Commission must give notice
in writing of the revocation or correction
to
(a) the proponent; and
(b) the owner of the land; and
(c) the planning authority for the
land.
(14) In this section
"amend", in relation to a condition of
a special permit, means to amend,
vary or revoke a condition of the
permit or to add a condition to the
permit.
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60Y. Amendment of planning schemes, &c.
(1) As soon as practicable after a special
permit is granted in relation to a project,
the Commission must, in consultation
with the relevant planning authority, by
notice in the Gazette, amend
(a) any planning scheme (other than
an interim planning scheme, or a
planning scheme made under
section 30N); or
(b) any special planning order
that applies to the land on which the
project is to be situated, so as to remove
any inconsistency between the permit
and the planning scheme or special
planning order.
(2) Division 2 of Part 3 does not apply to an
amendment made under subsection (1).
(3) If the Commission amends under
subsection (1) a planning scheme that
applies to land on which a project of
regional significance is to be situated
(a) the amendment is to be taken to
have come into operation on the
date on which the project was
declared to be a project of
regional significance; and
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(b) the Commission must give notice,
as prescribed in the regulations,
of the amendment.
12. Section 63 amended (Obstruction of sealed schemes)
Section 63 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(c)
"Tribunal." and substituting "Tribunal;
or";
(b) by inserting the following paragraph after
paragraph (c) in subsection (2):
(d) constitutes a breach of
section 60H(2) or of a condition
or restriction imposed under
section 60U, as amended, if at all,
under section 60X, on a special
permit granted in relation to the
land.
(c) by inserting in subsection (5)(a) ",
special permit" after "permit".
13. Section 77 amended (Agreement may not breach
planning scheme)
Section 77 of the Principal Act is amended by
omitting "or a permit" and substituting ", a
permit or a special permit".
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14. Section 82 amended (Evidentiary provision)
Section 82 of the Principal Act is amended as
follows:
(a) by omitting "order or a permit" and
substituting "order, a permit or a special
permit";
(b) by omitting "order or permit" and
substituting "order, permit or special
permit".
15. Section 83 amended (Planning schemes, &c., to be
judicially noticed)
Section 83 of the Principal Act is amended by
omitting "order or a permit" and substituting
"order, a permit or a special permit".
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