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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
GROWING THE TASMANIAN ECONOMY (PLANNING REFORM)
BILL 2011
________________________
CONTENTS
1. Short title
2. Commencement
3. Objective of Act
4. Interpretation
5. Statewide Single Dwelling Residential Planning Code
6. Intention of Parliament
7. Crown to be bound
8. Regulations
9. Administration of Act
GROWING THE TASMANIAN ECONOMY (PLANNING REFORM)
BILL 2011
(Brought in by Elise Nicole Archer MP)
A BILL FOR
An Act to provide for a Statewide Single Dwelling Residential Planning
Code in the year 2012.
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 Growing the Tasmanian
Economy (Planning Reform) Act 2011.
2. Commencement
This Act commences on the day on which it receives the
Royal Assent.
3. Objective of Act
The objective of this Act is to establish a single uniform
residential planning code for the planning and approval of
single dwelling residential structures in Tasmania, to provide
for deadlines for approval of applications for such structures,
and to provide that approved structures are built to
satisfactory standard and are sited in accordance with
environmental, planning and other considerations.
4. Interpretation
In this Act, unless the contrary intention, appears -
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"Commission" has the same meaning as in the Tasmanian
Planning Commission Act 1997.
"Statewide Single Dwelling Residential Planning Code"
shall be taken as the relevant planning requirements for
`single dwellings' where specified as `permitted (no permit
required) P1', and `permitted (permit required) P' under any
planning schemes approved under the Land Use Planning
and Approvals Act 1993
5. Statewide Single Dwelling Residential Planning Code
(1) The Minister is authorised by this Act, and notwithstanding
anything in any other Act, to direct the Commission to establish a
Statewide Single Dwelling Residential Planning Code by a date specified
by the Minister by notice in the Gazette.
(2) The Commission shall consult with local government and any other
relevant entity involved in the planning or approval of structures in the
preparation of the Statewide Single Dwelling Residential Planning Code.
(3) This Act will apply to any and all planning schemes in place prior
to the commencement date and to all planning schemes endorsed after the
commencement of this Act.
(4) The date specified by the Minister in subsection (1) may not be
later than 31 December 2011.
6. Intention of Parliament
It is the intention of the Parliament that all agencies of the Crown, local
government and any other entities and organisations in the State
concerned with planning and approval of residential structures shall take
notice of the objective of this Act and shall co-operate to achieve a
Statewide Single Dwelling Residential Planning Code by the date
specified under section 5(4).
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7. Crown to be bound
(a) This Act binds the Crown in right of Tasmania and, in so far as
the Legislative power of Parliament permits, the Crown in all its
other capacities.
(b) Nothing in this Act renders the Crown liable to be prosecuted
for an offence.
8. Regulations
(a) The Governor may make regulations for the purposes of this Act.
(b) The regulations may be made so as to apply differently according
to matters, limitations or restrictions, whether as to time, circumstance or
otherwise, specified in the regulations.
9. 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
Planning; and
(b) the agency responsible to that Minister in relation to the
administration of this Act is the Tasmanian Planning
Commission.
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