Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
ABORIGINAL HERITAGE PROTECTION
(CONSEQUENTIAL AMENDMENTS) BILL 2013
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - CORONERS ACT 1995 AMENDED
3. Principal Act
4. Section 23 amended (Aboriginal remains)
PART 3 - CROWN LANDS (SHACK SITES) ACT 1997 AMENDED
5. Principal Act
6. Schedule 2A amended (Model conversion criteria)
PART 4 - CROWN LANDS REGULATIONS 2011 AMENDED
7. Principal Regulations
8. Regulation 19 amended (Restrictions relating to public reserves)
PART 5 - GAS INFRASTRUCTURE (PLANNING PERMIT
EXEMPTION) REGULATIONS 2013 AMENDED
9. Principal Regulations
10. Schedule 1 amended (Prescribed Work and Criteria)
[Bill 72]-II
PART 6 - LAND USE PLANNING AND APPROVALS ACT 1993
AMENDED
11. Principal Act
12. Section 3 amended (Interpretation)
13. Section 57 amended (Applications for discretionary permits)
14. Section 59 amended (Failure to determine an application for a
permit)
PART 7 - NATIONAL BROADBAND NETWORK (TASMANIA) ACT
2010 AMENDED
15. Principal Act
16. Section 28 amended (Application of planning laws)
PART 8 - PORT ARTHUR HISTORIC SITE MANAGEMENT
AUTHORITY ACT 1987 AMENDED
17. Principal Act
18. Section 12 amended (Co-ordination of administration with
requirements of Nature Conservation Act 2002)
PART 9 - WELLINGTON PARK REGULATIONS 2009 AMENDED
19. Principal Regulations
20. Regulation 26 amended (Relics)
PART 10 - MISCELLANEOUS
21. Amendment of statutory rules
22. Repeal of Act
2
ABORIGINAL HERITAGE PROTECTION
(CONSEQUENTIAL AMENDMENTS) BILL 2013
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
12 November 2013
(Brought in by the Minister for Environment, Parks and
Heritage, the Honourable Brian Neal Wightman)
A BILL FOR
An Act to amend the Land Use Planning and Approvals Act
1993 consequent on the enactment of the Aboriginal
Heritage Protection Act 2013
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 Aboriginal
Heritage Protection (Consequential
Amendments) Act 2013.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
THIS BILL IS COGNATE WITH THE ABORIGINAL HERITAGE PROTECTION BILL 2013
[Bill 72] 3
Aboriginal Heritage Protection (Consequential Amendments) Act
2013
Act No. of
s. 3 Part 2 - Coroners Act 1995 Amended
PART 2 - CORONERS ACT 1995 AMENDED
3. Principal Act
In this Part, the Coroners Act 1995* is referred
to as the Principal Act.
4. Section 23 amended (Aboriginal remains)
Section 23 of the Principal Act is amended by
omitting subsection (4) and substituting the
following subsection:
(4) If the Aboriginal organisation in its
report to the coroner advises that the
remains are Aboriginal remains -
(a) then on receipt by the coroner of
the report -
(i) the jurisdiction of the
coroner under this Act in
respect of the remains
ceases; and
(ii) this Act ceases to apply to
the remains; and
(b) the coroner is to provide a copy
of that report to the Secretary of
the responsible Department in
*No. 73 of 1995
4
Aboriginal Heritage Protection (Consequential Amendments) Act
2013
Act No. of
Part 2 - Coroners Act 1995 Amended s. 4
relation to the Aboriginal
Heritage Protection Act 2013.
5
Aboriginal Heritage Protection (Consequential Amendments) Act
2013
Act No. of
s. 5 Part 3 - Crown Lands (Shack Sites) Act 1997 Amended
PART 3 - CROWN LANDS (SHACK SITES) ACT 1997
AMENDED
5. Principal Act
In this Part, the Crown Lands (Shack Sites) Act
1997* is referred to as the Principal Act.
6. Schedule 2A amended (Model conversion criteria)
Clause 1(1)(a) of Schedule 2A to the Principal
Act is amended by omitting "an Aboriginal site,
or a relic as defined under the Aboriginal Relics
Act 1975" and substituting "Aboriginal heritage
registered under the Aboriginal Heritage
Protection Act 2013".
*No. 87 of 1997
6
Aboriginal Heritage Protection (Consequential Amendments) Act
2013
Act No. of
Part 4 - Crown Lands Regulations 2011 Amended s. 7
PART 4 - CROWN LANDS REGULATIONS 2011
AMENDED
7. Principal Regulations
In this Part, the Crown Lands Regulations 2011*
are referred to as the Principal Regulations.
8. Regulation 19 amended (Restrictions relating to
public reserves)
Regulation 19 of the Principal Regulations is
amended as follows:
(a) by omitting from subregulation (3)(a)
"Aboriginal relic within the meaning of
the Aboriginal Relics Act 1975" and
substituting "Aboriginal heritage within
the meaning of the Aboriginal Heritage
Protection Act 2013";
(b) by inserting the following subregulation
after subregulation (10):
(11) In this regulation -
authority includes an
Aboriginal heritage
permit within the meaning
of the Aboriginal
Heritage Protection Act
2013.
*S.R. 2011, No. 116
7
Aboriginal Heritage Protection (Consequential Amendments) Act
2013
Act No. of
s. 9 Part 5 - Gas Infrastructure (Planning Permit Exemption) Regulations 2013
Amended
PART 5 - GAS INFRASTRUCTURE (PLANNING
PERMIT EXEMPTION) REGULATIONS 2013
AMENDED
9. Principal Regulations
In this Part, the Gas Infrastructure (Planning
Permit Exemption) Regulations 2013* are
referred to as the Principal Regulations.
10. Schedule 1 amended (Prescribed Work and
Criteria)
Schedule 1 to the Principal Regulations is
amended as follows:
(a) by omitting "Aboriginal Relics Act
1975;" from column 3 of paragraph (a) of
item 2 in Part 3 and substituting
"Aboriginal Heritage Protection Act
2013;";
(b) by omitting "Aboriginal Relics Act
1975;" from column 3 of paragraph (a) of
item 2 in Part 4 and substituting
"Aboriginal Heritage Protection Act
2013;".
*S.R. 2013, No. 60
8
Aboriginal Heritage Protection (Consequential Amendments) Act
2013
Act No. of
Part 6 - Land Use Planning and Approvals Act 1993 Amended s. 11
PART 6 - LAND USE PLANNING AND APPROVALS
ACT 1993 AMENDED
11. Principal Act
In this Part, the Land Use Planning and
Approvals Act 1993* is referred to as the
Principal Act.
12. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
inserting before the definition of accredited
person the following definition:
Aboriginal Heritage Minister means the
Minister administering the Aboriginal
Heritage Protection Act 2013;
13. Section 57 amended (Applications for discretionary
permits)
Section 57(6)(b) of the Principal Act is amended
as follows:
(a) by omitting from subparagraph (i) "in a
case where the Heritage Council has not,
under section 39(3) of the Historic
Cultural Heritage Act 1995, required
extra time to consider the application,"
and substituting "in a case where extra
time to consider the application has not
*No. 70 of 1993
9
Aboriginal Heritage Protection (Consequential Amendments) Act
2013
Act No. of
s. 14 Part 6 - Land Use Planning and Approvals Act 1993 Amended
been required under section 39(3) of the
Historic Cultural Heritage Act 1995 or
section 72(4) of the Aboriginal Heritage
Protection Act 2013,";
(b) by omitting from subparagraph (ii) "in a
case where the Heritage Council has,
under section 39(3) of the Historic
Cultural Heritage Act 1995, required
extra time to consider the application,"
and substituting "in a case where extra
time to consider the application has been
required under section 39(3) of the
Historic Cultural Heritage Act 1995 or
section 72(4) of the Aboriginal Heritage
Protection Act 2013,".
14. Section 59 amended (Failure to determine an
application for a permit)
Section 59 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (ab) in subsection (2):
(ac) if the Aboriginal Heritage
Minister has notified the planning
authority under section 68(4)(b)
of the Aboriginal Heritage
Protection Act 2013 that he or she
wishes to be involved in the
determination of the application,
on the Aboriginal Heritage
Minister; and
10
Aboriginal Heritage Protection (Consequential Amendments) Act
2013
Act No. of
Part 6 - Land Use Planning and Approvals Act 1993 Amended s. 14
(b) by omitting subsection (3A) and
substituting the following subsection:
(3A) The Appeal Tribunal must give
notice of an application for an
order under subsection (3) to -
(a) the planning authority;
and
(b) if the Heritage Council,
by reason of section 45(5)
of the Historic Cultural
Heritage Act 1995, is
joined as a respondent to
the application, the
Heritage Council; and
(c) if the Aboriginal Heritage
Minister, by reason of
section 76(6) of the
Aboriginal Heritage
Protection Act 2013, is
joined as a respondent to
the application, the
Aboriginal Heritage
Minister.
11
Aboriginal Heritage Protection (Consequential Amendments) Act
2013
Act No. of
s. 15 Part 7 - National Broadband Network (Tasmania) Act 2010 Amended
PART 7 - NATIONAL BROADBAND NETWORK
(TASMANIA) ACT 2010 AMENDED
15. Principal Act
In this Part, the National Broadband Network
(Tasmania) Act 2010* is referred to as the
Principal Act.
16. Section 28 amended (Application of planning laws)
Section 28 of the Principal Act is amended by
omitting paragraph (b) and substituting the
following paragraph:
(b) the Aboriginal Heritage Protection Act
2013; or
*No. 48 of 2010
12
Aboriginal Heritage Protection (Consequential Amendments) Act
2013
Act No. of
Part 8 - Port Arthur Historic Site Management Authority Act 1987 Amended s. 17
PART 8 - PORT ARTHUR HISTORIC SITE
MANAGEMENT AUTHORITY ACT 1987 AMENDED
17. Principal Act
In this Part, the Port Arthur Historic Site
Management Authority Act 1987* is referred to
as the Principal Act.
18. Section 12 amended (Co-ordination of
administration with requirements of Nature
Conservation Act 2002)
Section 12(1)(b) of the Principal Act is amended
by omitting "Aboriginal Relics Act 1975" and
substituting "Aboriginal Heritage Protection Act
2013".
*No. 61 of 1987
13
Aboriginal Heritage Protection (Consequential Amendments) Act
2013
Act No. of
s. 19 Part 9 - Wellington Park Regulations 2009 Amended
PART 9 - WELLINGTON PARK REGULATIONS 2009
AMENDED
19. Principal Regulations
In this Part, the Wellington Park Regulations
2009* are referred to as the Principal
Regulations.
20. Regulation 26 amended (Relics)
Regulation 26 of the Principal Regulations is
amended as follows:
(a) by omitting from subregulation (1)
"Aboriginal relic" and substituting
"Aboriginal heritage";
(b) by omitting subregulation (2) and
substituting the following subregulation:
(2) In this regulation -
Aboriginal heritage means
Aboriginal heritage
registered under the
Aboriginal Heritage
Protection Act 2013.
*S.R. 2009, No. 19
14
Aboriginal Heritage Protection (Consequential Amendments) Act
2013
Act No. of
Part 10 - Miscellaneous s. 21
PART 10 - MISCELLANEOUS
21. Amendment of statutory rules
The amendment by this Act of any statutory
rules does not prevent their subsequent
amendment, repeal, revocation or rescission by
further statutory rules of the same kind.
22. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which all of the
provisions of this Act commence.
Government Printer, Tasmania 15