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TASMANIA
__________
PULP MILL ASSESSMENT BILL 2007
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CONTENTS
1. Short title
2. Commencement
3. Interpretation
4. Assessment against guidelines
5. Information to be provided
6. Assessment by relevant persons
7. Approval of project
8. Effect of approval
9. Provisions of Acts, planning schemes, &c., not to apply to
project
10. Amendment of relevant planning scheme, &c.
11. Limitation of rights of appeal
12. Administration of Act
13. Legislation revoked
Schedule 1 Recommended Environmental Emission Limit Guidelines for
any new Bleached Eucalypt Kraft Pulp Mill in Tasmania
Schedule 2 Legislation revoked
[Bill 9]-I
2
PULP MILL ASSESSMENT BILL 2007
(Brought in by the Premier, the Honourable Paul Anthony
Lennon)
A BILL FOR
An Act to provide for the assessment of the proposal by
Gunns Limited for the development and operation of a
pulp mill in Northern Tasmania and to revoke the State
Policies and Projects (Project of State Significance) Order
2004
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 Pulp Mill
Assessment Act 2007.
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
[Bill 9] 3
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s. 3
"consultant" means the consultant appointed
by the Minister under section 4(1);
"guidelines" means the Recommended
Environmental Emission Limit
Guidelines for any new Bleached
Eucalypt Kraft Pulp Mill in Tasmania
prepared by the Resource Planning and
Development Commission on behalf of
the Government dated August 2004, a
copy of which is set out in Schedule 1;
"project" means the project declared by the
Administrator to be a project of State
significance on 22 November 2004 in
Statutory Rules 2004, No. 111, being the
proposal by Gunns Limited (ACN
009 478 148), as amended, for the
development and operation of a bleached
kraft pulp mill in northern Tasmania
including any use or development which
is necessary or convenient for the
implementation of the project, including
but not limited to the development and
operation of any facility or infrastructure
for
(a) the supply or distribution of
energy to or from the mill; and
(b) the collection, treatment or
supply of water; and
(c) the treatment, disposal or storage
of waste or effluent; and
(d) access to or from the mill; and
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(e) transport to or from the mill; and
(f) the storage of pulp at, or transport
of pulp from, a sea port in the
northern region or the north-
western region; and
(g) the production of materials for
use in association with the
operation of the mill;
"Pulp Mill Permit" means the permit
prepared by the Minister under
section 6(8);
"relevant person" means a person or body,
including a State Service Agency, that, in
the opinion of the Minister, would, if this
Act had not been enacted, be responsible
for issuing or regulating a permit, licence
or approval for, or regulating an action
relating to, the project.
(2) Unless the contrary intention appears, an
expression used in this Act has the same
meaning as it has in the Land Use Planning and
Approvals Act 1993.
4. Assessment against guidelines
(1) The Minister is to appoint a consultant to
undertake an assessment of the project, subject
to subsection (2), against the guidelines.
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(2) In undertaking an assessment under
subsection (1), the consultant must take into
account
(a) developments in pulping technology and
techniques that have occurred since
August 2004; and
(b) current best available technology and
environmental emission limits for a
bleached kraft pulp mill processing both
pine and eucalypt.
(3) After undertaking an assessment of the project
under subsection (1), the consultant is to report
to the Minister, based on that assessment, that
(a) the project should proceed; or
(b) the project should not proceed
and, if the consultant reports to the Minister that
the project should proceed, the consultant is to
recommend matters to be contained in the
conditions that should apply to the project.
5. Information to be provided
The Resource Planning and Development
Commission must, on the request of the
consultant or the Minister, make available to the
consultant or Minister any documents received
by or prepared for the Resource Planning and
Development Commission for the purposes of its
assessment of the project under the State
Policies and Projects Act 1993.
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6. Assessment by relevant persons
(1) The Minister must request relevant persons to
make a recommendation as to the conditions, if
any, that should apply to the project.
(2) On receipt of a request, a relevant person must
undertake an assessment of the conditions, if
any, that should apply to the project.
(3) In undertaking an assessment, a relevant person
must take account of the report of the consultant
referred to in section 4(3).
(4) A relevant person must make a recommendation,
as to the conditions that should apply to the
project, to the Minister by such date as the
Minister determines.
(5) A relevant person may only make a
recommendation that involves or requires the
issuing or regulation of a permit, licence or
approval, or the regulation of an action, for
which the relevant person would have been
responsible if this Act, except for section 13, had
not been enacted.
(6) Subject to subsection (5), a relevant person may
recommend a condition that requires the person
proposing the project to apply for such other
permits, licences or other approvals as may be
necessary for the project.
(7) If a relevant person recommends conditions that
should apply to the project, the relevant person
must specify
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(a) those conditions; and
(b) the Act, if any, pursuant to which, and
the permit, licence or other approval in
which, each condition would normally be
imposed; and
(c) the person, body or State Service Agency
responsible for the enforcement of each
condition.
(8) The Minister is to prepare a permit, to be called
the "Pulp Mill Permit", containing the substance
of the conditions recommended by a relevant
person under subsection (4) and other matters
specified under subsection (7).
(9) The Minister must cause the report of the
consultant and the Pulp Mill Permit to be laid
before each House of Parliament by no later than
31 August 2007.
(10) The Minister may table in each House of
Parliament any other report that in the Minister's
opinion is relevant to the project at the same
time as the Minister causes the report and Pulp
Mill Permit to be tabled under subsection (9).
7. Approval of project
(1) The project is approved if
(a) the consultant reports to the Minister
under section 4(3) that the project should
proceed; and
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(b) each House of Parliament, by resolution,
accepts the Pulp Mill Permit.
(2) Each House of Parliament, by resolution, is to
accept or reject the Pulp Mill Permit within 3
sitting-days from the day on which it is laid
before the House.
8. Effect of approval
(1) If the project is approved under section 7
(a) the Pulp Mill Permit comes into effect;
and
(b) notwithstanding any other Act, the
project may proceed on the conditions
specified in the Pulp Mill Permit; and
(c) a permit, licence or other approval is
taken to have been issued under the Act
specified in the Pulp Mill Permit in
relation to each condition and that Act
applies as if such a permit, licence or
other approval had been issued on the
conditions set out in the Pulp Mill Permit
in relation to that Act; and
(d) the person, body or State Service Agency
responsible for the enforcement of each
condition must enforce the condition to
the extent of its powers.
(2) If the conditions require the person proposing
the project to apply for such other permits,
licences or other approvals as may be necessary
9
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for the project, the person proposing the project
must comply with that requirement.
(3) If the person proposing the project does not
comply with a condition contained in the Pulp
Mill Permit, the Pulp Mill Permit is suspended
until such time as the condition is complied with.
9. Provisions of Acts, planning schemes, &c., not to
apply to project
(1) The provisions of any Act, planning scheme,
special planning order or interim order
(a) requiring the approval, consent or
permission of any person in connection
with any use or development in relation
to the project; or
(b) empowering any body to grant or refuse
its consent to any such use or
development; or
(c) prohibiting any such use or development;
or
(d) permitting any such use or development
only upon specified terms or conditions;
or
(e) regulating or permitting the regulation of
any such use or development
do not apply to the project.
(2) If
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(a) the consultant reports to the Minister
under section 4(3) that the project should
not proceed; or
(b) a House of Parliament rejects the Pulp
Mill Permit
subsection (1) does not apply.
10. Amendment of relevant planning scheme, &c.
(1) If each House of Parliament accepts the Pulp
Mill Permit under section 7, the Minister must,
in consultation with the relevant planning
authority, amend any relevant planning scheme,
special planning order or interim order to
remove any inconsistency between it and the
Pulp Mill Permit.
(2) The Land Use Planning and Approvals Act 1993
does not apply to an amendment made under
subsection (1).
(3) Where the Minister amends a planning scheme,
special planning order or interim order under
subsection (1)
(a) the amendment is taken to have come
into operation on the last day on which a
House of Parliament accepted the Pulp
Mill Permit; and
(b) the Minister must give notice, in the
Gazette, of the amendment.
11
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11. Limitation of rights of appeal
(1) Subject to subsection (2) and notwithstanding
the provisions of any other Act
(a) a person is not entitled to appeal to a
body or other person, court or tribunal; or
(b) no order or review may be made under
the Judicial Review Act 2000; or
(c) no declaratory judgment may be given;
or
(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 this Act.
(2) Subsection (1) does not prevent a review of any
action, decision, process, matter or thing which
has involved or has been affected by criminal
conduct.
(3) No review under subsection (2) operates to delay
the issue of the Pulp Mill Permit or any action
authorised by that permit.
12. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990
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(a) the administration of this Act is assigned
to the Minister for Planning; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Justice.
13. Legislation revoked
The legislation specified in Schedule 2 is
revoked.
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SCHEDULE 1 RECOMMENDED ENVIRONMENTAL
EMISSION LIMIT GUIDELINES FOR ANY NEW
BLEACHED EUCALYPT KRAFT PULP MILL IN
TASMANIA
Section 3
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SCHEDULE 2 LEGISLATION REVOKED
Section 13
State Policies and Projects (Project of State Significance)
Order 2004 (No. 111 of 2004)
Government Printer, Tasmania 65