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TASMANIA
__________
MAJOR INFRASTRUCTURE
DEVELOPMENT APPROVALS AMENDMENT
BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 17AA inserted
17AA. Enforcement of conditions or restrictions of
permit
5. Section 18AA inserted
18AA. Suspension of operation of combined planning
authority
[Bill 25]-I
2
MAJOR INFRASTRUCTURE
DEVELOPMENT APPROVALS AMENDMENT
BILL 2003
This Public Bill originated in the House of Assembly, and, having this day
passed, is now ready for presentation to the Legislative Council for its
concurrence.
P. R. ALCOCK, Clerk of the House
16 April 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 Major Infrastructure
Development Approvals Act 1999
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 Major Infrastructure
Development Approvals Amendment Act 2003.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
[Bill 25] 3
s. 3 No. Major Infrastructure Development 2003
Approvals Amendment
Principal Act
3. In this Act, the Major Infrastructure Development
Approvals Act 1999* is referred to as the Principal Act.
Section 17AA inserted
4. After section 17 of the Principal Act, the following
section is inserted in Part 2:
Enforcement of conditions or restrictions of
permit
17AA. For the avoidance of doubt, a condition or
restriction of a permit granted by a combined
planning authority is taken to be a condition or
restriction imposed by a planning authority
pursuant to a planning scheme or special planning
order and may be enforced under section 63 or 64 of
the Land Use Planning and Approvals Act 1993 by
the combined planning authority or by a planning
authority which has received a certificate under
section 17A(1) in respect of the permit.
Section 18AA inserted
5. After section 18 of the Principal Act, the following
section is inserted in Part 2:
Suspension of operation of combined planning
authority
18AA. (1) In this section, "relevant day" means
the day specified in an order made under
subsection (2) on which a combined planning
authority is dissolved or the day specified in an order
*No. 108 of 1999
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2003 Major Infrastructure Development No. s. 5
Approvals Amendment
made under subsection (3) on which the operation of
a combined planning authority is suspended, as the
case may be.
(2) The Governor may make an order which
dissolves a combined planning authority.
(3) The Governor may make an order which
suspends the operation of a combined planning
authority or which revokes the operation of such an
order.
(4) If the Governor makes an order under
subsection (3) which suspends the operation of a
combined planning authority, the membership of the
combined planning authority lapses and, on and
from the relevant day and until the order is
revoked
(a) the operation of the combined planning
authority is suspended, and the
combined planning authority has no
responsibilities, obligations or powers
under this Act or any other law; and
(b) a specified planning authority which was
represented on the combined planning
authority has no obligation to maintain
its membership of the combined
planning authority.
(5) If the Governor makes an order under
subsection (2) which dissolves a combined planning
authority or an order under subsection (3) which
suspends the operation of a combined planning
authority
(a) any assets of the combined planning
authority owned by the combined
planning authority immediately before
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Approvals Amendment
the relevant day vest in the Crown on
the same terms and conditions as they
were vested in the combined planning
authority; and
(b) all rights, obligations and liabilities of
the combined planning authority
subsisting immediately before the
relevant day are transferred to the
Crown; and
(c) any contract or agreement entered into
by or on behalf of a combined planning
authority before the relevant day is to be
treated for all purposes as a contract or
agreement entered into by the Crown;
and
(d) a reference to a combined planning
authority in a contract or other
instrument to which the combined
planning authority became a party
before the relevant day is to be
construed as a reference to the Crown;
and
(e) any legal or other proceeding which
might otherwise have been instituted or
continued by or against a combined
planning authority in respect of any
matter arising before the relevant day
may be instituted or continued by or
against the Crown; and
(f) a permit granted by the combined
planning authority may be corrected in
accordance with section 55 of the Land
Use Planning and Approvals Act 1993 by
any specified planning authority which
was represented on the combined
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2003 Major Infrastructure Development No. s. 5
Approvals Amendment
planning authority, as if the permit had
been granted by the specified planning
authority; and
(g) a permit granted by the combined
planning authority may be amended in
accordance with section 56 of the Land
Use Planning and Approvals Act 1993 by
any specified planning authority which
was represented on the combined
planning authority, as if the permit had
been granted by the specified planning
authority; and
(h) subject to subsection (7), any permit
which is required for the implementation
of the major infrastructure project may
be issued by the planning authority
which normally administers the
planning scheme or special planning
order which is relevant to the use or
development to which the permit relates.
(6) Paragraphs (f) and (g) of subsection (5) do
not apply unless the specified planning authority
has first obtained the consent of each other specified
planning authority which was represented on the
combined planning authority.
(7) Subsection (5)(h) ceases to apply in relation
to an order under subsection (3) which suspends the
operation of a combined planning authority if that
order is revoked.
(8) As soon as practicable after an order under
subsection (2) or (3) has taken effect, the Minister
must
(a) give written notice of the taking effect of
the order to
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Approvals Amendment
(i) the Commission; and
(ii) each specified planning authority
which, at the time when the order
was made, was represented on the
combined planning authority; and
(b) advertise the taking effect of the order in
a newspaper circulating in the area over
which the combined planning authority
had jurisdiction.
(9) If the Governor makes an order under
subsection (3) which revokes an order which
suspends the operation of a combined planning
authority
(a) each specified planning authority which
is to be represented on the combined
planning authority must, within 28 days
of the receipt by the specified planning
authority of notice of the revocation
order from the Minister under
subsection (8), nominate in writing to
the Minister the persons to be appointed
by the Minister to the combined
planning authority as members and
deputy members representing the
specified planning authority; and
(b) the Minister must appoint members and
deputy members to the combined
planning authority within 14 days of
receiving all of the nominations required
under paragraph (a).
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Approvals Amendment
(10) Any instrument made for the purposes of
subsection (5) is exempt from stamp duty and may
be filed, recorded or registered without payment of
any fee.
Government Printer, Tasmania 9