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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
CABLE CAR (KUNANYI/MOUNT WELLINGTON)
FACILITATION BILL 2017
__________
CONTENTS
1. Short title
2. Commencement
3. Interpretation
4. Planning permits
5. Application of certain provisions of Land Acquisition Act 1993
for purposes of project
6. Certain project land remains part of Wellington Park
7. Authority to enter land, &c.
8. Payment of compensation for certain losses
9. Regulations
10. Administration of Act
[Bill 50]-XI
2
CABLE CAR (KUNANYI/MOUNT WELLINGTON)
FACILITATION BILL 2017
(Brought in by the Minister for State Growth, the Honourable
Matthew Guy Groom)
A BILL FOR
An Act to facilitate the development of facilities in relation
to, and the operation of, cable cars on kunanyi/Mount
Wellington
Be it enacted by Her 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 Cable Car
(kunanyi/Mount Wellington) Facilitation Act
2017.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Interpretation
In this Act, unless the contrary intention
appears -
aerial easement means an easement, for the
purposes of a project, that relates to
airspace that is above land that is referred
[Bill 50] 3
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to in paragraph (a) of the definition of
project land;
compensable loss means -
(a) damage to the surface of land; or
(b) damage to crops, trees, grasses,
fruit, vegetables or other
vegetation; or
(c) damage to buildings, structures,
works or objects; or
(d) damage to any improvement on
land; or
(e) loss of opportunity to make any
planned improvement on land; or
(f) deprivation of possession or use
of the whole or part of the surface
of land; or
(g) severance of land from other land
owned or occupied by the person
claiming compensable loss; or
(h) destruction or loss of, or injury
to, disturbance of, or interference
with, stock; or
(i) loss of amenity, including
recreation and conservation
values; or
(j) any decrease in the market value
of a person's interest in land; or
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(k) the cost of rehabilitation or
remediation of land;
land has the same meaning as in the Land
Acquisition Act 1993;
project means all or part of a project
consisting of -
(a) the construction of facilities
necessary for the operation of one
or more cable cars, including -
(i) terminals for the purposes
of such cable cars; and
(ii) towers, and a cableway
between the towers, for
the purposes of such cable
cars; and
(b) the construction of facilities
related to the operation or use of
such cable cars; and
(c) the use of any facilities, or cable
cars, referred to in paragraph (a)
or (b) -
and includes other developments and
uses forming part of that project;
project land means -
(a) land that is -
(i) within Wellington Park;
and
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(ii) owned by a council; and
(iii) required for the purposes
of a project; and
(b) any airspace to which an aerial
easement relates;
proponent means a person that wishes to
undertake all or part of a project;
public land has the same meaning as in
section 4 of the Public Land
(Administration and Forests) Act 1991;
Wellington Park has the same meaning as in
the Wellington Park Act 1993;
Wellington Park Management Trust means
the Wellington Park Management Trust
established under section 9 of the
Wellington Park Act 1993.
4. Planning permits
Section 52(1B) of the Land Use Planning and
Approvals Act 1993 does not apply in relation to
an application under that Act in relation to a
project.
5. Application of certain provisions of Land
Acquisition Act 1993 for purposes of project
(1) Part 1A of the Land Acquisition Act 1993, and
any other provision of that Act that is relevant to
the operation of that Part, applies in relation to
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project land as if any structure, facility, or work,
relating to a project were infrastructure for the
purposes of Part 1A of the Land Acquisition Act
1993.
(2) Despite subsection (1), section 7C(1)(b) of the
Land Acquisition Act 1993 does not apply in
relation to project land.
(3) Despite subsection (1) and section 7D(2)(f) of
the Land Acquisition Act 1993, an order made
under section 7B(2) of the Land Acquisition Act
1993 may not authorise the sale by the Crown of
any project land that is proposed to be acquired
under that Act for the purposes of a project.
(4) A reference in the Land Acquisition Act 1993 to
land or an easement is to be taken, so far as is
necessary for the purposes of the application of
Part 1A of that Act to project land, to include,
but is not limited to including, a reference to -
(a) an aerial easement; and
(b) an easement that enables persons,
together with any vehicles, machinery
and equipment, to enter and exit project
land.
6. Certain project land remains part of Wellington
Park
The acquisition, under Part 1A of the Land
Acquisition Act 1993 as applied by section 5, for
the purposes of a project, of project land is not to
be taken to have the effect that any of that
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project land ceases to be part of Wellington
Park.
7. Authority to enter land, &c.
(1) The Minister may, in writing, grant to a
proponent, under this subsection, an authority for
the proponent, and persons acting on behalf of
the proponent, to -
(a) enter public land; and
(b) carry out on the land activities, including
testing, that are reasonably required to be
carried out by or on behalf of the
proponent for the purposes of enabling
an application under the Land Use
Planning and Approvals Act 1993 for a
permit, in relation to a project, to be
made by the proponent.
(2) The Minister must consult with the Wellington
Park Management Trust before granting an
authority under subsection (1) in relation to land
that is within Wellington Park.
(3) If the land to which an authority under
subsection (1) relates is not vested in the Crown,
the Minister, before granting the authority, is to
notify the person or body in whom or which the
land is vested.
(4) An authority granted under subsection (1) is
subject to the terms and conditions specified in
the authority.
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(5) Despite the Wellington Park Act 1993 and the
Land Use Planning and Approvals Act 1993, the
proponent to whom an authority is granted under
subsection (1), and persons acting on behalf of
the proponent, may, under and in accordance
with the authority -
(a) enter and remain on the land to which the
authority relates, together with any
vehicles, machinery and equipment
necessary for carrying out activities
referred to in that subsection, for the
purpose of carrying out such activities;
and
(b) carry out on the land activities referred to
in that subsection.
(6) The Minister may revoke an authority under
subsection (1) by notice in writing to the
proponent to whom the authority was granted.
8. Payment of compensation for certain losses
(1) A proponent, or a person acting on behalf of a
proponent, must not -
(a) in the exercise of any rights under an
authority under section 7(1); or
(b) by an act or omission on land to which
an authority under section 7(1) relates -
cause a person to suffer, or to be likely to suffer,
compensable loss.
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(2) A person who suffers, or is likely to suffer,
compensable loss because of a breach of
subsection (1) by a proponent or a person acting
on behalf of a proponent is entitled to receive
from the proponent an amount of compensation
sufficient to compensate the person for the
compensable loss.
(3) A person to whom an amount of compensation is
payable in accordance with subsection (2) may
claim the amount in a court of competent
jurisdiction.
(4) A reference in this section to an amount of
compensation sufficient to compensate a person
for compensable loss does not include so much
of the amount as has been incurred, or is likely
to be incurred, by a failure of the person to
mitigate the loss.
9. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) The regulations may be made so as to apply
differently according to such factors as are
specified in the regulations.
(3) The regulations may contain provisions of a
savings or transitional nature consequent on the
enactment of this Act.
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10. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for State Growth; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of State
Growth.
Government Printer, Tasmania 11