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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
LAND USE PLANNING AND APPROVALS
AMENDMENT (VALIDATION) BILL 2009
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 53 amended (When does a permit take effect?)
5. Section 82A inserted
82A. Validation
[Bill 11]-IV
2
LAND USE PLANNING AND APPROVALS
AMENDMENT (VALIDATION) BILL 2009
(Brought in by the Minister for Planning, the Honourable
David Edward Llewellyn)
A BILL FOR
An Act to amend 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:
1. Short title
This Act may be cited as the Land Use Planning
and Approvals Amendment (Validation) Act
2009.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 11] 3
Land Use Planning and Approvals Amendment (Validation) Act
2009
Act No. of
s. 3
3. Principal Act
In this Act, the Land Use Planning and
Approvals Act 1993* is referred to as the
Principal Act.
4. Section 53 amended (When does a permit take
effect?)
Section 53 of the Principal Act is amended by
omitting subsection (5) and substituting the
following subsection:
(5) If the use or development in respect of
which a permit was granted is not
substantially commenced, the permit
lapses -
(a) at the end of a period of 2 years
from -
(i) the date on which the
permit was granted; or
(ii) if an appeal has been
instituted against the
planning authority's
decision to grant the
permit, the date of the
determination or
abandonment of the
appeal; or
*No. 70 of 1993
4
Land Use Planning and Approvals Amendment (Validation) Act
2009
Act No. of
s. 5
(b) if the planning authority has
granted an extension under
subsection (5A), at the end of a
further period of 2 years from the
end of the relevant period
referred to in paragraph (a).
5. Section 82A inserted
After section 82 of the Principal Act, the
following section is inserted in Part 6:
82A. Validation
(1) In this section -
"extension" means the extension
purportedly granted under
section 53(5A) by the Dorset
council on 16 August 2006, in
respect of the permit;
"permit" means the permit granted on
21 December 2004 by the Dorset
council for the development of a
wind farm at Musselroe.
(2) The extension is taken to be valid and
effectual and to have always been valid
and effectual.
(3) The permit is taken to be valid and
effectual and to have always been valid
and effectual.
Government Printer, Tasmania 5