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LAND USE PLANNING AND APPROVALS AMENDMENT BILL 77 OF 2005

                                  TASMANIA

                                   __________


               LAND USE PLANNING AND APPROVALS
                     AMENDMENT BILL 2005
                                   __________

                                  CONTENTS
          1.    Short title
          2.    Commencement
          3.    Principal Act
          4.    Section 20 amended (What can a planning scheme provide for?)




[Bill 77]-I
 
 
2
 
 
                   LAND USE PLANNING AND APPROVALS
                         AMENDMENT BILL 2005
             (Brought in by the Minister for Environment and Planning, the
                          Honourable Judith Louise Jackson)

                                    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 Act 2005.


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


                3. Principal Act

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


       *No. 70 of 1993

[Bill 77]                                                                    3
 
 
s. 4   No.         Land Use Planning and Approvals               2005
                             Amendment

       4. Section 20 amended (What can a planning scheme
          provide for?)
               Section 20 of the Principal Act is amended as
               follows:

                 (a)   by inserting the following subsection
                       after subsection (3):

                       (3A)     Subject to subsections (4) and (6),
                                nothing in a planning scheme is
                                to prevent the reconstruction of a
                                building, or restoration of works,
                                destroyed or damaged, which was
                                or were integral and subservient
                                to a lawfully established existing
                                use that does not conform to the
                                scheme if ­

                                   (a)    the destruction or damage
                                          was       not       caused
                                          intentionally by the owner
                                          of that building or those
                                          works; and

                                   (b)    the building or works was
                                          or      were      lawfully
                                          established before the
                                          coming into operation of
                                          the scheme.

                 (b)   by omitting from subsection (4)
                       "Subsection (3) does" and substituting
                       "Subsections (3) and (3A) do";

                 (c)   by omitting from subsection (6)
                       "Subsection (3) does" and substituting
                       "Subsections (3) and (3A) do".

4                  Government Printer, Tasmania

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