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TASMANIA
__________
NATION BUILDING AND JOBS PLAN
FACILITATION (TASMANIA) BILL 2009
__________
CONTENTS
Preamble
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Act binds Crown
PART 2 DECLARATION OF NPA PROJECT
5. Declaration
6. Effect of declaration
7. Public consultation
8. Environmental consultation
9. Representations and consultation
10. Consideration of representations and modification of project,
&c.
PART 3 CERTIFICATION OF NPA PROJECT
11. Application
12. Certification
13. Effect of certification
14. Consequential amendment of planning schemes
[Bill 15]-II
PART 4 MISCELLANEOUS
15. Change of proponent
16. Delegation
17. Compliance with other laws
18. Limitation of appeals
19. Service of notices
20. Act prevails over other laws
21. Regulations
22. Status of instruments under Act, &c.
23. Administration of Act
24. Expiry of Act
SCHEDULE 1 THE AGREEMENT
2
NATION BUILDING AND JOBS PLAN
FACILITATION (TASMANIA) BILL 2009
(Brought in by the Premier, the Honourable David John
Bartlett)
A BILL FOR
An Act to facilitate and expedite the implementation in
Tasmania of a national partnership agreement on nation
building and jobs between the Commonwealth and the
various States and Territories and for related matters
Preamble
Whereas
(a) on 5 February 2009 the Commonwealth
and the various States and Territories
entered into an agreement called the
"National Partnership Agreement on the
Nation Building and Jobs Plan: Building
Prosperity for the Future and Supporting
Jobs Now"; and
(b) the main object of the agreement is to
provide an economic stimulus to
Australia's economy through
infrastructure projects that will support
economic growth and employment as
part of a national response to the current
global financial crisis; and
(c) Tasmania is obligated under the
agreement to ensure, and remove
impediments to, its timely and effective
implementation in and for this State:
[Bill 15] 3
Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009
Act No. of
s. 1 Part 1 Preliminary
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:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Nation Building
and Jobs Plan Facilitation (Tasmania) Act 2009.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Interpretation
(1) In this Act, unless the contrary intention
appears
"construction works" includes, but is not
limited to
(a) site clearance, land stabilisation
and like preparatory works; and
(b) excavation and demolition works;
and
(c) the erection of scaffolding; and
4
Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009
Act No. of
Part 1 Preliminary s. 3
(d) the erection or modification of
any structure; and
(e) the off-site prefabrication of
building components; and
(f) painting, landscaping and other
cosmetic works; and
(g) the installation of service
infrastructure; and
(h) the on-site placement of fixed
cranes and gantries; and
(i) foundation works including pile
driving and form work;
"EPA Director" means the Director,
Environment Protection Authority
appointed under section 18 of the
Environmental Management and
Pollution Control Act 1994;
"key particulars", of a project, means
(a) the type of project (in terms of
whether it is a social housing,
school infrastructure or other
project); and
(b) the relevant use or development;
and
(c) its exact site (including the
identity of the relevant land); and
5
Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009
Act No. of
s. 3 Part 1 Preliminary
(d) a brief description of what it
involves (including the scope and
nature of the required works); and
(e) the identity and business address
of its proponent;
"law of the State" includes
(a) a State policy; and
(b) a council by-law; and
(c) a planning scheme;
"local newspaper", for a project, means a
daily newspaper published in the State
and circulating generally in the same
region as that in which the project is
undertaken;
"NPA" means the agreement referred to in the
preamble to this Act and set out in
Schedule 1, as from time to time
amended;
"NPA project" means a project declared
under section 5 to be an NPA project;
"Planning Act" means the Land Use
Planning and Approvals Act 1993;
"Planning Minister" means the Minister
administering the Planning Act;
"planning permit" means a permit within the
meaning of the Planning Act;
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Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009
Act No. of
Part 1 Preliminary s. 3
"planning scheme" includes a special
planning order, planning directive or
interim order under the Planning Act;
"project" means
(a) a social housing project; or
(b) a school infrastructure project; or
(c) another project, contemplated by
the NPA, prescribed by the
regulations;
"Project Authority" means
(a) for an NPA project that is a social
housing project, the Director of
Housing under the Homes Act
1935; and
(b) for an NPA project that is a
school infrastructure project, the
Secretary of the responsible
Department in relation to the
Education Act 1994; and
(c) for another kind of NPA project,
a person prescribed by the
regulations;
"proponent" means the proponent of a
project;
"regulations" means regulations made and in
force under this Act;
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Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009
Act No. of
s. 3 Part 1 Preliminary
"relevant council", for a project, means the
council of the municipal area in which
the project is undertaken;
"relevant planning scheme", for an NPA
Project, means the planning scheme that
would, but for section 6(1)(a), apply to
the site;
"relevant use or development" means
(a) for an NPA project that is yet to
be certified under section 12, the
prospective use or development
associated with the project; or
(b) for an NPA project that has been
certified under section 12, the use
or development associated with
the project (as fixed and specified
in the certification);
"school infrastructure" includes, but is not
limited to
(a) classrooms, laboratories and
language centres; and
(b) assembly halls, administrative
facilities, canteens and places of
worship; and
(c) facilities for students with
disabilities or special needs; and
(d) pools, gymnasiums, sports
grounds and related facilities; and
8
Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009
Act No. of
Part 1 Preliminary s. 3
(e) playgrounds, play equipment,
shelters and shade structures; and
(f) related fencing, landscaping and
cosmetic works; and
(g) related electricity, water and
similar service infrastructure; and
(h) reroofing, hazard removal and
similar refurbishment and safety
works; and
(i) insulation, solar energy, recycling
and like sustainable use and
energy facilities;
"site" means the site of a project;
"social housing" includes, but is not limited
to
(a) housing for people who are
homeless or at risk of becoming
homeless; and
(b) housing for people with special
needs or disabilities; and
(c) housing for Indigenous
Australians; and
(d) housing for aged people; and
(e) housing for people on low
incomes; and
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Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009
Act No. of
s. 3 Part 1 Preliminary
(f) respite, refuge and like
emergency housing; and
(g) short-term family support
accommodation for hospital
patients; and
(h) group facilities annexed to or
improving the amenity of social
housing; and
(i) the refurbishment of existing
social housing stocks; and
(j) related infrastructure, service and
safety works; and
(k) related fencing, landscaping and
cosmetic works; and
(l) related electricity, water and
similar service infrastructure; and
(m) related amenities including
playgrounds and play equipment
for children.
(2) In this Act, a reference to a project includes a
reference to any partially completed project.
(3) Unless the contrary intention appears, an
expression used in this Act has the same
meaning as it has in the Planning Act.
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Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009
Act No. of
Part 1 Preliminary s. 4
4. Act binds Crown
This Act binds the Crown in right of Tasmania
and, so far as the legislative power of Parliament
permits, in all its other capacities.
11
Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009
Act No. of
s. 5 Part 2 Declaration of NPA Project
PART 2 DECLARATION OF NPA PROJECT
5. Declaration
(1) The Treasurer, by notice in the Gazette, may
declare a project to be an NPA project if
satisfied that the project is
(a) in furtherance of the NPA; and
(b) not substantially the same as a project for
which, at any time before the date of the
NPA, a planning permit has been refused
for the site.
(2) The declaration
(a) is to set out the key particulars of the
project; and
(b) may contain such other information as
the Treasurer considers necessary or
expedient in the circumstances.
(3) The Treasurer, as soon as practicable, is to give
the relevant council a notice
(a) containing a copy of the declaration; and
(b) advising the council that it may make
written representations to the proponent
about the project within the time
specified in the notice.
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Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009
Act No. of
Part 2 Declaration of NPA Project s. 6
6. Effect of declaration
(1) If a project is declared to be an NPA project
under section 5, then
(a) subject to section 13, neither the
Planning Act nor any planning scheme
applies to the project; but
(b) no construction works may be
undertaken for the project unless and
until the project is certified under
section 12.
(2) For this section
"construction works" does not include
(a) the erection of fencing or other
security measures; or
(b) the erection of promotional or
information hoardings about the
project; or
(c) any site disturbance or minor
technical works that may be
necessary or incidental for
surveying, soil testing or like
preparatory processes; or
(d) pre-project archaeological
excavations.
13
Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009
Act No. of
s. 7 Part 2 Declaration of NPA Project
7. Public consultation
(1) As soon as practicable after a project has been
declared to be an NPA project under section 5,
the proponent is to cause a notice to be published
in a local newspaper stating
(a) that the declaration has been made; and
(b) the matters specified in the declaration;
and
(c) where the project information is to be
exhibited; and
(d) the period during which the project
information is to be exhibited; and
(e) that any person may submit written
representations to the proponent about
the project; and
(f) the period during which such
representations may be made; and
(g) the address to which such representations
may be sent; and
(h) the place where project information may
be obtained; and
(i) the cost, if any, of obtaining project
information.
(2) The proponent is to cause the project
information to be publicly exhibited consistently
with
14
Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009
Act No. of
Part 2 Declaration of NPA Project s. 8
(a) the notice; and
(b) the requirements, if any, prescribed by
the regulations.
(3) For this section, project information may be
exhibited, though not exclusively, by electronic
means.
(4) In this section
"project information" includes
(a) the key particulars of the project;
and
(b) if available, building and site
plans.
8. Environmental consultation
(1) This section applies if
(a) a project has been declared to be an NPA
project under section 5; and
(b) the relevant use or development would,
but for section 6(1)(a), be a use or
development that, under a planning
scheme applying to the site, is prohibited,
or permitted only if a planning permit is
granted.
(2) The proponent, as soon as practicable, is to
(a) notify the EPA Director of the project;
and
15
Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009
Act No. of
s. 9 Part 2 Declaration of NPA Project
(b) request the EPA Director to make
representations to the proponent if that
Director has any concerns with the
relevant use or development.
9. Representations and consultation
(1) The relevant council may make representations
to the proponent in response to and in
accordance with the notice under section 5(3).
(2) The EPA Director may make representations to
the proponent in response to and in accordance
with the notice under section 8.
(3) Any other person may make representations to
the proponent in response to and in accordance
with the notice under section 7.
(4) The proponent, on its own motion, may consult
any person about the project.
(5) The Project Authority may
(a) require the proponent to provide it with
reasonable information about the project;
and
(b) consult any person about the project.
16
Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009
Act No. of
Part 2 Declaration of NPA Project s. 10
10. Consideration of representations and modification
of project, &c.
(1) This section applies if any representations are
made in respect of an NPA project in accordance
with this Act.
(2) The proponent is to consider the representations.
(3) The proponent, having regard to the
representations and any relevant matters, may
modify the project to take into account any of
those representations or relevant matters but not
so as to
(a) change the site; or
(b) increase the overall scale of the project;
or
(c) substantially change the relevant use or
development.
(4) In this section
"relevant matters" includes, but is not
limited to
(a) the provisions of any planning
scheme that, but for
section 6(1)(a), would apply to
the relevant use or development;
and
(b) Aboriginal heritage; and
(c) historic cultural heritage; and
17
Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009
Act No. of
s. 10 Part 2 Declaration of NPA Project
(d) natural hazards, artificial hazards
and land contamination; and
(e) known landslip areas; and
(f) site access, infrastructure and
parking; and
(g) traffic flows and impacts; and
(h) density to open-space ratios; and
(i) residential amenity, safety and
security; and
(j) energy efficiency and
sustainability; and
(k) water management; and
(l) the interests of nearby commerce;
and
(m) any matter prescribed by the
regulations.
18
Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009
Act No. of
Part 3 Certification of NPA Project s. 11
PART 3 CERTIFICATION OF NPA PROJECT
11. Application
(1) This section applies once, to the applicable
extent, the procedures under Part 2 have been
followed for a project.
(2) The proponent may apply to the Project
Authority to have the project certified as an NPA
project.
(3) If the regulations prescribe application
requirements (which may include fees) the
proponent's application for certification
(a) must be in accordance with those
requirements; and
(b) is invalid if it is not.
(4) The Project Authority may
(a) make such enquiries of such persons; and
(b) require the proponent to provide it with
such evidence or information
as that Authority reasonably considers necessary
or expedient for a proper consideration of the
application.
19
Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009
Act No. of
s. 12 Part 3 Certification of NPA Project
12. Certification
(1) On receipt of application under section 11(2), the
Project Authority, by instrument in writing, may
certify an NPA project if satisfied that
(a) the application is valid; and
(b) the required actions under section 5(3),
section 7 and, if applicable, section 8
have been taken for the project; and
(c) the representations, if any, made under
this Act in respect of the project have
been considered by the proponent; and
(d) the concerns, if any, of the EPA Director
have been or will be adequately
addressed; and
(e) any modifications of the project made
pursuant to section 10 have not
(i) changed the site; or
(ii) increased the overall scale of the
project; or
(iii) substantially changed the relevant
use or development.
(2) The certification is to
(a) fix and specify the relevant use or
development; and
(b) set out the other key particulars of the
project; and
20
Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009
Act No. of
Part 3 Certification of NPA Project s. 13
(c) may contain such other information as
the Project Authority considers necessary
or expedient in the circumstances.
(3) For the purposes of subsection (2)(a), the
relevant use or development may include any
use or development associated with the project,
whether or not the use or development is to be
undertaken by or on behalf of the proponent.
(4) As soon as practicable after certifying an NPA
project, the Project Authority is to
(a) cause notice of the certification to be
given in the Gazette; and
(b) notify the relevant council; and
(c) notify the EPA Director (if that Director
made representations to the proponent in
response to and in accordance with the
notice under section 8); and
(d) promulgate the certification in such other
ways as that Authority may consider
necessary or expedient.
13. Effect of certification
(1) This section applies once an NPA Project has
been certified under section 12.
(2) Construction works may be undertaken in
accordance with the certification.
21
Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009
Act No. of
s. 13 Part 3 Certification of NPA Project
(3) If the relevant planning scheme does not require
amendment pursuant to section 14 then
(a) despite section 6(1)(a), the Planning Act
applies to the relevant use or
development; and
(b) if the relevant use or development would,
but for section 6(1)(a), be a use or
development that, under a planning
scheme applying to the site, is permitted
only if a planning permit is granted, the
certification is taken to be a planning
permit authorising that use or
development in accordance with the
certification.
(4) If the relevant planning scheme does require
amendment under section 14, then, once those
amendments have been made
(a) despite section 6(1)(a), the Planning Act
applies to the relevant use or
development; and
(b) if the relevant use or development would,
but for section 6(1)(a), be a use or
development that, under a planning
scheme applying to the site, is prohibited,
or permitted only if a planning permit is
granted, the certification is taken to be a
planning permit authorising that use or
development in accordance with the
certification.
22
Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009
Act No. of
Part 3 Certification of NPA Project s. 14
14. Consequential amendment of planning schemes
(1) As soon as practicable after an NPA project has
been certified under section 12, the Planning
Minister must
(a) consult the local council to determine if
the relevant planning scheme requires
amendment consequent on the
certification; and
(b) if applicable, amend the relevant
planning scheme to the necessary extent.
(2) For subsection (1), the necessary extent is that
which enables the relevant use or development
for the project to be lawfully undertaken on the
site (after section 13 applies to it) in accordance
with the permit taken to have been granted for
the project pursuant to that section.
(3) The Planning Act does not apply to the
amendment of a planning scheme under
subsection (1).
(4) However, nothing in this section is to be taken to
prevent the further amendment, under the
Planning Act, of a planning scheme after the
completion of the NPA project.
(5) The Planning Minister, on amending a planning
scheme pursuant to this section, is to give such
public and other notice of the amendment as that
Minister considers necessary or expedient in the
circumstances.
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Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009
Act No. of
s. 14 Part 3 Certification of NPA Project
(6) However, if the regulations prescribe any
specific notification requirements for
subsection (5), the Planning Minister is to
comply with those requirements.
24
Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009
Act No. of
Part 4 Miscellaneous s. 15
PART 4 MISCELLANEOUS
15. Change of proponent
A declaration or certification of an NPA project
is not affected by any change in the identity of
the proponent or, if applicable, the number of
persons constituting the proponent.
16. Delegation
(1) A Project Authority may delegate any of its
powers or functions under this Act other than
this power of delegation.
(2) The Planning Minister may delegate any of his
or her powers or functions under this Act other
than this power of delegation.
(3) The powers and functions of the Treasurer under
this Act are not delegable.
17. Compliance with other laws
The certification of an NPA project does not
constitute authority for any construction works
or other actions to be undertaken for the project
contrary to
(a) the Planning Act (except to the extent
provided by this Act); or
(b) the Aboriginal Relics Act 1975; or
25
Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009
Act No. of
s. 18 Part 4 Miscellaneous
(c) the Building Act 2000; or
(d) the Historic Cultural Heritage Act 1995;
or
(e) any other law of the State.
18. Limitation of appeals
Despite the provisions of any other law of the
State
(a) a person is not entitled to appeal to a
body or other person, court or tribunal;
and
(b) no order or review may be made under
the Judicial Review Act 2000; and
(c) no declaratory judgment may be given;
and
(d) no other action or proceeding may be
brought
in respect of any action, decision, process, matter
or thing arising out of or relating to the
declaration or certification of an NPA project
under this Act.
19. Service of notices
A notice or other document is effectively given
to a person under this Act if
26
Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009
Act No. of
Part 4 Miscellaneous s. 20
(a) in the case of a natural person, it is
(i) handed to the person; or
(ii) left at, or sent by post to, the
person's postal or residential
address or place of business or
employment last known to the
giver of the notice or document;
or
(iii) faxed to the person's fax number;
or
(iv) emailed to the person's email
address; and
(b) in the case of any other person, it is
(i) left at, or sent by post to, the
person's principal or registered
office or principal place of
business; or
(ii) faxed to the person's fax number;
or
(iii) emailed to the person's email
address.
20. Act prevails over other laws
If a provision of this Act conflicts with a
provision of another law of the State, the
provision of this Act prevails.
27
Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009
Act No. of
s. 21 Part 4 Miscellaneous
21. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) Without limiting the generality of subsection (1),
the regulations may prescribe requirements in
relation to
(a) instruments made under this Act; and
(b) the giving of notifications or information
under this Act; and
(c) exhibitions under section 7; and
(d) the making of representations under this
Act.
(3) The regulations may be made so as to apply
differently according to such factors as are
specified in the regulations.
(4) The regulations may authorise any matter to be
from time to time determined, applied or
regulated by the Treasurer, the Planning Minister
or a Project Authority.
22. Status of instruments under Act, &c.
(1) Unless the contrary intention appears, a notice or
other instrument under this Act
(a) is not a statutory rule for the purposes of
the Rules Publication Act 1953; and
28
Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009
Act No. of
Part 4 Miscellaneous s. 23
(b) may not be declared under the
Subordinate Legislation Act 1992 to be
subordinate legislation for the purposes
of that Act.
(2) A notice under this Act may be combined with
any other such notice.
23. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990
(a) the administration of this Act is assigned
to the Treasurer; and
(b) the department responsible to the
Treasurer in relation to the administration
of this Act is the Department of Treasury
and Finance.
24. Expiry of Act
(1) This Act (other than Part 1 and section 18)
expires on 31 December 2012 or at such earlier
time as the Treasurer, by notice before that date,
may declare.
(2) A notice under subsection (1) is a statutory rule
for the purposes of the Rules Publication Act
1953.
29
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Act No. of
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SCHEDULE 1 THE AGREEMENT
Section 3
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