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TASMANIA
__________
WELLINGTON PARK AMENDMENT BILL
2002
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 23 amended (Management plans)
6. Section 24 amended (Formulation of management plans)
7. Sections 24A, 24B, 24C and 24D inserted
24A. Referral of representations to Commission
24B. Public exhibition of representations, &c.
24C. Review by Commission
24D. Report of Commission
8. Section 28 amended (Developments undertaken in
Wellington Park)
9. Land Use Planning and Approvals Act 1993 amended
[Bill 66]-IV
2
WELLINGTON PARK AMENDMENT BILL
2002
(Brought in by the Minister for Tourism, Parks and
Heritage, the Honourable James Alexander Bacon)
A BILL FOR
An Act to amend the Wellington Park Act 1993 and
the Land Use Planning and Approvals Act 1993
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 Wellington Park
Amendment Act 2002.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Principal Act
3. In this Act, the Wellington Park Act 1993* is referred to
as the Principal Act.
*No. 59 of 1993
[Bill 66] 3
s. 4 No. Wellington Park Amendment 2002
Section 3 amended (Interpretation)
4. Section 3(1) of the Principal Act is amended by
inserting after the definition of "authorized officer" the
following definition:
"Commission" means the Resource Planning and
Development Commission established under
section 4 of the Resource Planning and
Development Commission Act 1997;
Section 23 amended (Management plans)
5. Section 23 of the Principal Act is amended by inserting
after subsection (3) the following subsections:
(4) Where a planning scheme in force under
the Land Use Planning and Approvals Act 1993
affects the protection, use, development or
management of any land contained in Wellington
Park
(a) the relevant provisions of the
management plan are taken to be
included in that planning scheme; and
(b) in the event of conflict between the
management plan and the planning
scheme, the management plan is to
prevail.
(5) If a provision of the management plan is
inconsistent with a provision of a planning directive
issued under section 13 of the Land Use Planning
and Approvals Act 1993, the latter provision
prevails.
4
2002 Wellington Park Amendment No. s. 6
(6) The planning directive may contain
provisions for resolving any conflict between the
management plan and the planning scheme.
Section 24 amended (Formulation of management
plans)
6. Section 24(9) of the Principal Act is amended by
inserting "or any report made by the Commission under
section 24D" after "subsection (7)".
Sections 24A, 24B, 24C and 24D inserted
7. After section 24 of the Principal Act, the following
sections are inserted in Division 1:
Referral of representations to Commission
24A. The Trust, within 30 days after receiving any
representations under section 24(7)(c) or within any
further period that the Minister allows, is to forward
to the Commission
(a) a copy of all representations received
under section 24; and
(b) a report containing
(i) a summary of the representations;
and
(ii) the Trust's opinion on the merits
of the representations including
whether or not it believes the
representations to be of sufficient
merit to warrant modification of
the plan; and
5
s. 7 No. Wellington Park Amendment 2002
(iii) a summary of any proposed
modification to the plan; and
(iv) any additional information that
the Trust considers relevant.
Public exhibition of representations, &c.
24B. (1) The Commission, as soon as practicable
after receipt of copies of representations and the
report of the Trust under section 24A, is to notify by
public notice
(a) the places at which copies of the
representations and report are to be
exhibited; and
(b) the period during which they are to be
exhibited; and
(c) any other information that the
Commission considers relevant.
(2) At least one of the places referred to in
subsection (1)(a) is to be in the city of Hobart.
(3) The Trust and the Commission may make
available any information that may assist public
consideration of the representations and the report
of the Trust at the places referred to in
subsection (1)(a).
Review by Commission
24C. (1) The Commission is to review the
representations and the report of the Trust made
under section 24A with reference to the management
plan.
(2) The Commission, within 21 days after
receipt of the copies of the representations and the
6
2002 Wellington Park Amendment No. s. 7
report of the Trust, or within any further period that
the Minister allows, is to decide whether or not to
hold a hearing to assist in its review of the
representations.
(3) If the Commission decides to hold a
hearing, the Commission is to notify the Trust of
that decision.
(4) If the Commission decides not to hold a
hearing, the Commission, within 14 days after
making that decision, is to give written notice of that
decision to
(a) the Trust; and
(b) any person who has made a
representation under section 24(7).
(5) A hearing is to be conducted in accordance
with Part 3 of the Resource Planning and
Development Commission Act 1997.
Report of Commission
24D. (1) The Commission, within such period as the
Minister allows, is to provide the Trust with a report
of the review under section 24C.
(2) As soon as practicable after the period
referred to in subsection (1), the Commission is to
publish in the Gazette and in a daily newspaper
circulating generally within the State notice of
(a) the making of its report; and
(b) the places where copies of its report are
available for inspection by the public.
7
s. 8 No. Wellington Park Amendment 2002
Section 28 amended (Developments undertaken in
Wellington Park)
8. Section 28 of the Principal Act is amended by omitting
"Subject to Division 3, until" and substituting "Until".
Land Use Planning and Approvals Act 1993
amended
9. The Land Use Planning and Approvals Act 1993 is
amended as follows:
(a) by inserting in section 4(2) "and, in particular,
applies to land in Wellington Park, as defined
in the Wellington Park Act 1993" after
"regulations";
(b) by inserting the following section after section
52:
Permit for development of land in
Wellington Park
52A. If any land in respect of which an
application for a permit is required is in
Wellington Park, as defined in the Wellington
Park Act 1993, the application must
(a) be executed under the common
seal of the Wellington Park
Management Trust; or
(b) be accompanied by the written
permission of the Trust to the
making of the application.
8 Government Printer, Tasmania