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TASMANIA
__________
STATE POLICIES AND PROJECTS AMENDMENT
BILL 2005
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 STATE POLICIES AND PROJECTS ACT 1993 AMENDED
3. Principal Act
4. Section 16 amended (Interpretation: Part 3)
5. Sections 18A and 18B inserted
18A. Content of order declaring project to be a project of
State significance
18B. Part 3 continues to apply despite change in identity
or number of proponents
6. Section 19 amended (Effect of order declaring a project of State
significance)
7. Section 27A inserted
27A. Amendment of planning schemes, &c., to remove
inconsistencies
PART 3 WATER MANAGEMENT ACT 1999 AMENDED
8. Principal Act
9. Section 34 amended (Review and amendment of water
management plans)
[Bill 8]-I
PART 4 STATE POLICIES AND PROJECTS (PROJECT OF STATE
SIGNIFICANCE) ORDER 2004 AMENDED
10. Principal Order
11. Clause 4 amended (Nature of project)
2
STATE POLICIES AND PROJECTS AMENDMENT
BILL 2005
(Brought in by the Premier, the Honourable Paul Anthony
Lennon)
A BILL FOR
An Act to amend the State Policies and Projects Act 1993,
the Water Management Act 1999 and 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:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the State Policies and
Projects Amendment Act 2005.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 8] 3
s. 3 No. State Policies and Projects Amendment 2005
PART 2 STATE POLICIES AND PROJECTS ACT 1993
AMENDED
3. Principal Act
In this Part, the State Policies and Projects Act
1993* is referred to as the Principal Act.
4. Section 16 amended (Interpretation: Part 3)
Section 16 of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsection:
(2) For the purposes of this Part
"integrated assessment", in relation
to a project of State significance,
means a consideration of
environmental, social, economic
and community issues relevant to
that project and such other issues
as may be prescribed;
"person proposing the project of
State significance" includes any
person for the time being
proposing to undertake the
project of State significance or
any use or development included
in that project.
*No. 65 of 1993
4
2005 State Policies and Projects Amendment No. s. 5
5. Sections 18A and 18B inserted
After section 18 of the Principal Act, the
following sections are inserted in Part 3:
18A. Content of order declaring project to be a
project of State significance
An order under section 18(2) declaring a
project to be a project of State
significance may include in the project
any use or development which is
necessary or convenient for the
implementation of the project, whether or
not the use or development is to be
undertaken by or on behalf of any person
named in the order.
18B. Part 3 continues to apply despite change in
identity or number of proponents
Where an order under section 18(2)
declaring a project to be a project of
State significance is made, this Part
continues to apply to the project despite
any change in the identity or number of
the persons proposing the project or any
use or development included in the
project.
6. Section 19 amended (Effect of order declaring a
project of State significance)
Section 19 of the Principal Act is amended as
follows:
5
s. 7 No. State Policies and Projects Amendment 2005
(a) by omitting paragraph (a) from
subsection (1) and substituting the
following paragraph:
(a) requiring the approval, consent or
permission of any person in
connection with any use or
development to which the order
relates; or
(b) by omitting from subsection (1)(b) "that"
and substituting "any such use or";
(c) by omitting from subsection (1)(c) "that"
and substituting "any such use or";
(d) by omitting from subsection (1)(d) "that"
and substituting "any such use or";
(e) by omitting from subsection (1)(e) "that"
and substituting "any such use or";
(f) by omitting from subsection (2)
"Development, other than development"
and substituting "Use or development,
other than use or development".
7. Section 27A inserted
After section 27 of the Principal Act, the
following section is inserted in Part 3:
27A. Amendment of planning schemes, &c., to
remove inconsistencies
(1) As soon as practicable after an order
under section 26(6) or (8), 26A or 26B
takes effect, the Commission must, in
consultation with the relevant planning
6
2005 State Policies and Projects Amendment No. s. 7
authority, amend any relevant planning
scheme or special planning order to
remove any inconsistency between it and
the order.
(2) The Land Use Planning and Approvals
Act 1993 does not apply to an
amendment made under subsection (1).
(3) Where the Commission amends a
planning scheme or special planning
order under subsection (1)
(a) the amendment is taken to have
come into operation on the date
on which the order under
section 26(6) or (8), 26A or 26B
to which it relates was made; and
(b) the Commission must give notice,
as prescribed, of the amendment.
7
s. 8 No. State Policies and Projects Amendment 2005
PART 3 WATER MANAGEMENT ACT 1999
AMENDED
8. Principal Act
In this Part, the Water Management Act 1999* is
referred to as the Principal Act.
9. Section 34 amended (Review and amendment of
water management plans)
Section 34(5)(c) of the Principal Act is amended
by inserting "or an order under section 26(6) or
(8), 26A or 26B of the State Policies and
Projects Act 1993" after "policy".
*No. 45 of 1999
8
2005 State Policies and Projects Amendment No. s. 10
PART 4 STATE POLICIES AND PROJECTS
(PROJECT OF STATE SIGNIFICANCE) ORDER 2004
AMENDED
10. Principal Order
In this Part, the State Policies and Projects
(Project of State Significance) Order 2004* is
referred to as the Principal Order.
11. Clause 4 amended (Nature of project)
(1) Clause 4 of the Principal Order is amended by
omitting "the development and operation of any
facility or infrastructure on or off the mill site
which is necessary or convenient for the
implementation of the project, including but not
limited to" and substituting "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".
(2) Subsection (1) does not prevent the Principal
Order from being amended or rescinded by a
later order.
(3) The Principal Order as amended by subsection
(1) is taken to be valid and to have been
approved by both Houses of Parliament.
*S.R. 2004, No. 111
Government Printer, Tasmania 9