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TASMANIA
__________
SULLIVANS COVE WATERFRONT AUTHORITY
AMENDMENT BILL 2005
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 10 amended (Powers of Authority)
5. Section 43 amended (Regulations)
6. Schedule 5 amended (Savings and transitional provisions)
[Bill 61]-I
2
SULLIVANS COVE WATERFRONT AUTHORITY
AMENDMENT BILL 2005
(Brought in by the Premier, the Honourable Paul Anthony
Lennon)
A BILL FOR
An Act to amend the Sullivans Cove Waterfront Authority
Act 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 Sullivans Cove
Waterfront Authority 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 Sullivans Cove Waterfront
Authority Act 2004* is referred to as the
Principal Act.
*No. 60 of 2004
[Bill 61] 3
s. 4 No. Sullivans Cove Waterfront Authority 2005
Amendment
4. Section 10 amended (Powers of Authority)
Section 10 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "Land
Use Planning and Approvals Act 1993
and the Historic Cultural Heritage Act
1995" and substituting "Historic Cultural
Heritage Act 1995, the Land Use
Planning and Approvals Act 1993 and
the Major Infrastructure Development
Approvals Act 1999";
(b) by inserting the following subsections
after subsection (2):
(2A) For the purposes of the Major
Infrastructure Development
Approvals Act 1999, the
Authority is, subject to
subsection (2B), the planning
authority in respect of the
planning area, and, subject to
subsection (2B), is the only
person or body that may perform
the functions and exercise the
powers of a planning authority
under that Act in that area.
(2B) Notwithstanding subsection (2A),
if a combined planning authority
is established under the Major
Infrastructure Development
Approvals Act 1999 in respect of
a major infrastructure project in
the planning area, the combined
planning authority is the planning
4
2005 Sullivans Cove Waterfront Authority No. s. 5
Amendment
authority in relation to that
project.
(c) by inserting in subsection (3) ", Part 3
and Divisions 1, 2 and 3 of Part 8 of the
Local Government (Building and
Miscellaneous Provisions) Act 1993, the
Major Infrastructure Development
Approvals Act 1999 and the Strata Titles
Act 1998" after "Building Act 2000";
(d) by omitting from subsection (3) "that
Act" twice occurring and substituting
"those Acts";
(e) by inserting the following subsection
after subsection (3):
(3A) For the purposes of section
107(5) of the Local Government
(Building and Miscellaneous
Provisions) Act 1993, the chief
executive officer has the same
powers as the general manager
under that subsection in relation
to the planning area and is the
only person who may exercise the
powers of the general manager
under that subsection in relation
to that area.
5. Section 43 amended (Regulations)
Section 43 of the Principal Act is amended as
follows:
(a) by omitting subsection (2) and
substituting the following subsection:
5
s. 6 No. Sullivans Cove Waterfront Authority 2005
Amendment
(2) The regulations may provide for
fees payable in respect of any
performance of functions or
exercise of powers by the
Authority whether under this or
any other Act.
(b) by inserting the following subsections
after subsection (4):
(5) The regulations may contain
provisions of a savings or
transitional nature consequent on
the enactment of this Act.
(6) Regulations made under
subsection (5) may take effect on
the day on which this Act
commences or a later day as
specified in the regulations,
whether the day so specified is
before or after the day on which
the regulations take effect.
6. Schedule 5 amended (Savings and transitional
provisions)
Schedule 5 to the Principal Act is amended by
inserting after clause 2 the following clause:
2A. References in permits granted by planning
authority
A reference to an officer of the planning
authority in a permit under the planning
scheme that was granted by the planning
authority before the commencement of
6
2005 Sullivans Cove Waterfront Authority No. s. 6
Amendment
this Act is taken to be a reference to the
chief executive officer.
Government Printer, Tasmania 7