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LAND USE PLANNING AND APPROVALS AMENDMENT BILL 101 OF 2003

                                         TASMANIA


                                         __________



                    LAND USE PLANNING AND APPROVALS
                          AMENDMENT BILL 2003

                                         __________


                                        CONTENTS
               1.     Short title
               2.     Commencement
               3.     Principal Act
               4.     Section 43I amended (When does a permit referred to in
                      section 43H take effect?)
               5.     Validation of extension of certain permits




[Bill 101]-I
 
 
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               LAND USE PLANNING AND APPROVALS
                     AMENDMENT BILL 2003

              (Brought in by the Minister for Primary Industries, Water
             and Environment, the Honourable Bryan Alexander Green)

                                   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:


             Short title

             1. This Act may be cited as the Land Use Planning and
             Approvals Amendment Act 2003.



             Commencement

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



             Principal Act

             3. In this Act, the Land Use Planning and Approvals Act
             1993* is referred to as the Principal Act.



             *No. 70 of 1993

[Bill 101]                                                                3
 
 
s. 4   No.         Land Use Planning and Approvals           2003
                             Amendment

       Section 43I amended (When does a permit referred
       to in section 43H take effect?)

       4. Section 43I of the Principal Act is amended by omitting
       subsection (4) and substituting the following subsections:

                  (4) If the use or development in respect of
             which a permit was granted is not substantially
             commenced, the permit lapses ­

                  (a)   after a period of 2 years from the date on
                        which the permit was granted; or

                  (b)   if the planning authority has granted an
                        extension under subsection (4A), after a
                        further period of 2 years.

                   (4A) If the use or development in respect of
             which a permit was granted is not, or is unlikely to
             be, substantially commenced before the permit
             would otherwise lapse under subsection (4)(a), the
             planning authority may grant (once only) an
             extension of the period during which that use or
             development must be substantially commenced.



       Validation of extension of certain permits

       5. (1) A permit, in respect of which the Commission has
       taken action under section 43H(1)(a), (b)(ii) or (c) of the
       Principal Act, which a planning authority has purported to
       extend on or after 1 January 1998 is taken to have been
       validly extended.

             (2) Any act or thing done or omitted or required to
       be done or omitted in pursuance of, or in reliance on or
       arising from, the purported extension of a permit referred
       to in subsection (1) on or after 1 January 1998 is taken to


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2003       Land Use Planning and Approvals            No.    s. 5
                     Amendment

have been validly done or omitted or required to have been
done or omitted.




                 Government Printer, Tasmania                  5

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