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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 BILL 2013
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - BUILDING ACT 2000 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 71 amended (Consideration of application for building
permit)
6. Section 71A inserted
71A. Relevant planning requirements
7. Section 72 amended (Granting building permit)
8. Section 73 amended (Refusing building permit)
9. Section 251 amended (Immunity from liability)
PART 3 - LAND USE PLANNING AND APPROVALS ACT 1993
AMENDED
10. Principal Act
11. Section 3 amended (Interpretation)
12. Section 12A inserted
12A. Issue of interim planning directives
[Bill 67]-XI
13. Section 15 amended (Modification or revocation of planning
directive)
14. Part 3, Division 1A, Subdivision 1: Heading inserted
Subdivision 1 - Purposes and interpretation
15. Section 30B amended (Interpretation: Division 1A)
16. Part 3, Division 1A, Subdivision 2: Heading inserted
Subdivision 2 - Regional areas and land use strategies
17. Part 3, Division 1A, Subdivision 3: Heading inserted
Subdivision 3 - Interim planning schemes
18. Section 30IA amended (Urgent amendment of interim planning
schemes)
19. Sections 30P, 30Q and 30R substituted
Subdivision 4 - Dispensations
30P. Interpretation of Subdivision 4
30Q. Applications for dispensations
30R. Application for permit that relates to application for
dispensation
30S. Planning authority to decide whether to reject or
exhibit application for dispensation
30T. Planning authority that agrees to exhibition is to
consider permit application first
30U. Exhibition of applications for dispensations
30V. Representations and reports in relation to
applications for dispensations and permits
30W. Grant of dispensations
30X. Alteration of certain planning schemes and
revocation of dispensations
30Y. Decision in relation to permit application
accompanying dispensation application
30Z. Correction of mistakes in permits referred to in
section 30Y and minor amendments
30ZA. Minor amendments of permits referred to in
section 30Y
30ZB. Dispensation applications that are not decided before
planning scheme made
20. Sections 50A, 50B, 50C and 50D inserted
50A. Certifiable schemes and orders and certifiable
permitted uses and developments
50B. Permitted use or development certificates
50C. Permitted use or development certificates if water or
sewerage supply implications
2
50D. Water and sewerage certificates
21. Section 51 amended (Permits)
22. Section 53 amended (When does a permit take effect?)
23. Section 58 amended (Application for other permits)
24. Section 58A amended (Permits requiring entering into of
agreements)
25. Section 60C amended (Projects eligible to be declared projects
of regional significance)
26. Section 60Y amended (Amendment of planning schemes, &c.)
27. Part 4, Division 2B inserted
Division 2B - Planning compliance certificates
60ZA. Interpretation of Division 2B
60ZB. Planning compliance certificates to be obtained
60ZC. Applications for planning compliance certificates
60ZD. Issue of planning compliance certificates
60ZE. Planning compliance certificates
60ZF. Cancellation of planning compliance certificates
28. Section 61 amended (Appeals against planning decisions)
29. Section 62 amended (Determination of appeals)
30. Section 63 amended (Obstruction of sealed schemes)
31. Section 63B inserted
63B. Notice of suspected contravention, &c., may be
given
32. Section 64 amended (Civil enforcement proceedings)
33. Part 4, Divisions 4A and 4B inserted
Division 4A - Enforcement by planning authorities
65A. Infringement notices
65B. Notice of intention to issue enforcement notice
65C. Enforcement notices
65D. Requirements of enforcement notices
65E. Offences and penalties in relation to enforcement
notices
65F. Notice of intention to cancel a permit to be issued
before permit cancelled
65G. Cancellation of permits
65H. Issue of notices where applications made to Tribunal
Division 4B - Authorised officers
65I. Authorised officers
3
65J. Powers of authorised officers
65K. Entry and search warrants
65L. Additional requirements where persons not fluent,
&c., in English
65M. Obstruction, &c., of authorised officers and others
34. Section 69B inserted
69B. Protection from liability in respect of certain
certificates issued by planning certifiers
35. Part 5A inserted
PART 5A - Planning Certifiers
Division 1 - Authorisation of planning certifiers
80B. Transitional applicants for authorisations
80C. Authorisation of planning certifiers
80D. Surrender, revocation and suspension of
authorisation
80E. Variation and revocation of conditions and
restrictions specified on authorisations
80F. Planning certifier must not issue false statement or
act if conflict of duty
80G. Change of, or referral to, other planning certifiers
Division 2 - Rights and duties in relation to planning
certifiers
80H. Planning certifier may charge for services
80I. Information to be provided to planning authorities
36. Part 6, Division 1 inserted
Division 1 - Electronic database and documents
80J. Interpretation of Division 1
80K. Database
80L. Back-up database to be kept
80M. Authorised versions
80N. Certified copies of authorised versions
80O. Commission may alter authorised versions of
electronic planning instruments
80P. Offences
80Q. Documents, submissions, &c., may be issued or
made electronically
37. Part 6, Division 2: Heading inserted
Division 2 - Other matters
38. Section 81A amended (Planning schemes, &c., to be registered
in Central Plan Register)
39. Section 82 substituted
4
82. Evidentiary provision
40. Section 85A inserted
85A. Immunity from liability
PART 4 - CONCLUDING PROVISION
41. Repeal of Act
5
6
LAND USE PLANNING AND APPROVALS
AMENDMENT 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
17 October 2013
(Brought in by the Minister for Planning, the Honourable
Bryan Alexander Green)
A BILL FOR
An Act to amend the Land Use Planning and Approvals Act
1993 and the Building Act 2000
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 Land Use Planning
and Approvals Amendment Act 2013.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
[Bill 67] 7
Land Use Planning and Approvals Amendment Act 2013
Act No. of
s. 3 Part 2 - Building Act 2000 Amended
PART 2 - BUILDING ACT 2000 AMENDED
3. Principal Act
In this Part, the Building Act 2000* is referred to
as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of insurance:
low risk development has the same
meaning as in the Land Use
Planning and Approvals Act
1993;
(b) by inserting the following definitions
after the definition of permit to proceed:
planning compliance certificate has
the same meaning as in the Land
Use Planning and Approvals Act
1993;
planning directive has the same
meaning as in the Land Use
Planning and Approvals Act
1993;
*No. 100 of 2000
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Land Use Planning and Approvals Amendment Act 2013
Act No. of
Part 2 - Building Act 2000 Amended s. 5
planning scheme has the same
meaning as in the Land Use
Planning and Approvals Act
1993;
(c) by inserting the following definition after
the definition of Recorder of Titles:
relevant planning requirements has
the meaning it has in section 71A;
(d) by inserting the following definitions
after the definition of sewerage system:
single dwelling development has the
same meaning as in the Land Use
Planning and Approvals Act
1993;
special planning order has the same
meaning as in the Land Use
Planning and Approvals Act
1993.
5. Section 71 amended (Consideration of application
for building permit)
Section 71(1) of the Principal Act is amended by
inserting after paragraph (d) the following
paragraph:
(da) the relevant planning requirements;
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Land Use Planning and Approvals Amendment Act 2013
Act No. of
s. 6 Part 2 - Building Act 2000 Amended
6. Section 71A inserted
After section 71 of the Principal Act, the
following section is inserted in Division 3:
71A. Relevant planning requirements
For the purposes of this Act, the relevant
planning requirements, in relation to a
development, within the meaning of the
Land Use Planning and Approvals Act
1993, consisting in whole or in part of
building work, are -
(a) that the development is not
prohibited by a planning scheme,
special planning order, or
planning directive, that applies in
relation to the land on which the
development is to be situated; and
(b) if a permit in relation to the
development is required under the
planning scheme, special
planning order, or planning
directive, that applies in relation
to the land on which the
development is to be situated -
that such a permit is in force in
relation to the building work; and
(c) if a permit in relation to the
development has been granted
under a planning scheme or
special planning order and it is a
requirement of the permit that a
condition, in respect of building
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Land Use Planning and Approvals Amendment Act 2013
Act No. of
Part 2 - Building Act 2000 Amended s. 7
work, will be complied with in
relation to the building work -
that documents indicate that the
condition will be complied with;
and
(d) if the development is a single
dwelling development or a low
risk development - that there is a
planning compliance certificate in
relation to the development.
7. Section 72 amended (Granting building permit)
Section 72 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) If an application for a building permit in
relation to building work is accompanied
by a planning compliance certificate in
relation to the development to which the
building work relates -
(a) the development is to be taken to
be a single dwelling
development, or a low risk
development, as specified in the
planning compliance certificate;
and
(b) the development is to be taken to
comply with the relevant
planning requirements.
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Land Use Planning and Approvals Amendment Act 2013
Act No. of
s. 8 Part 2 - Building Act 2000 Amended
8. Section 73 amended (Refusing building permit)
Section 73 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) If an application for a building permit in
relation to building work is accompanied
by a planning compliance certificate in
relation to the development to which the
building work relates, the permit
authority may not refuse to grant a
building permit in relation to the building
work on the grounds that the
development does not comply with the
relevant planning requirements in respect
of the development.
9. Section 251 amended (Immunity from liability)
Section 251 of the Principal Act is amended by
inserting after subsection (4) the following
subsection:
(5) A permit authority is not liable for, or in
respect of, anything done, or omitted to
be done, in reliance on a planning
compliance certificate.
12
Land Use Planning and Approvals Amendment Act 2013
Act No. of
Part 3 - Land Use Planning and Approvals Act 1993 Amended s. 10
PART 3 - LAND USE PLANNING AND APPROVALS
ACT 1993 AMENDED
10. Principal Act
In this Part, the Land Use Planning and
Approvals Act 1993* is referred to as the
Principal Act.
11. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of Appeal Tribunal:
authorised officer means a person
who, under section 65I, is, or is
authorised to be, an authorised
officer;
(b) by inserting the following definitions
after the definition of bushfire hazard
management plan:
certifiable scheme or order means a
planning scheme, or special
planning order, prescribed for the
purposes of section 50A;
certifiable permitted use or
development means a use, or
*No. 70 of 1993
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Land Use Planning and Approvals Amendment Act 2013
Act No. of
s. 11 Part 3 - Land Use Planning and Approvals Act 1993 Amended
development, that is prescribed
for the purposes of section 50A;
(c) by inserting the following definitions
after the definition of development:
dispensation means a dispensation,
granted under section 30W, that
is in force;
Executive Commissioner means the
person from time to time holding
that office under the Tasmanian
Planning Commission Act 1997;
(d) by inserting the following definition after
the definition of permit:
permitted use or development
certificate means a certificate,
issued under section 50B, that is
in force;
(e) by inserting the following definitions
after the definition of planning authority:
planning certifier means a person to
whom has been issued an
authorisation, under section 80C,
that is in force;
planning compliance certificate
means a planning compliance
certificate, within the meaning of
section 60ZE(1), that has been
issued under section 60ZD and is
in force;
14
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Act No. of
Part 3 - Land Use Planning and Approvals Act 1993 Amended s. 12
(f) by inserting ", or a planning directive
issued under section 12A, that is in
force" after "section 13" in the definition
of planning directive;
(g) by inserting the following after the
definition of use:
water and sewerage certificate means
a certificate issued under
section 50D;
12. Section 12A inserted
After section 12 of the Principal Act, the
following section is inserted in Part 2A:
12A. Issue of interim planning directives
(1) The Commission may recommend to the
Minister that the Minister issue under
this section a planning directive that is in
the terms of a draft planning directive -
(a) that is lodged with the
Commission or prepared by the
Commission; and
(b) in relation to which the
Commission has made under
section 10(3) a recommendation
that an assessment should be
undertaken.
(2) After considering a recommendation
made to him or her under subsection (1)
to issue a planning directive in the terms
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Land Use Planning and Approvals Amendment Act 2013
Act No. of
s. 12 Part 3 - Land Use Planning and Approvals Act 1993 Amended
of a draft planning directive, the Minister
may -
(a) issue under this section a
planning directive that is in the
terms of the draft planning
directive; or
(b) determine not to issue under this
section a planning directive.
(3) The Minister may only issue under
subsection (2) a planning directive that is
in the terms of a draft planning directive
if the Minister issues, or has issued, a
direction under section 11 that an
assessment of the draft planning directive
be undertaken by the Commission.
(4) If the Minister issues under this section a
planning directive, the Minister must -
(a) give written notice of the
planning directive to the
Commission and all planning
authorities affected by the
planning directive; and
(b) publish in the Gazette notice of
the issue of the planning directive
and of the day on which the
planning directive is to take
effect.
(5) If the Minister determines not to issue
under this section a planning directive,
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Act No. of
Part 3 - Land Use Planning and Approvals Act 1993 Amended s. 12
the Minister must give written notice of
that determination to the Commission.
(6) A planning directive issued under this
section takes effect on the day specified,
in the notice of its issue published in the
Gazette, as the day on which the
planning directive is to take effect.
(7) The Minister may revoke a planning
directive issued under this section.
(8) If the Minister revokes under
subsection (7) a planning directive, the
Minister must -
(a) give written notice of the
revocation to the Commission
and all planning authorities
affected by the planning
directive; and
(b) publish in the Gazette notice of
the revocation and of the day on
which the revocation is to take
effect.
(9) A revocation of a planning directive
under subsection (7) takes effect on the
day specified, in the notice of its issue
published in the Gazette, as the day on
which the revocation is to take effect.
(10) A planning directive issued under this
section that is in the terms of a draft
planning directive remains in force
until -
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Land Use Planning and Approvals Amendment Act 2013
Act No. of
s. 13 Part 3 - Land Use Planning and Approvals Act 1993 Amended
(a) the end of the period of 12
months from the day on which
the planning directive took effect;
or
(b) a planning directive that is in the
same terms as -
(i) the draft planning
directive; or
(ii) the draft planning
directive modified as
recommended by the
Commission in a report,
in relation to the draft
planning directive,
provided to the Minister
under section 12(5) -
is issued by the Minister under
section 13(1); or
(c) a revocation of the planning
directive under subsection (7)
takes effect -
whichever occurs first.
13. Section 15 amended (Modification or revocation of
planning directive)
Section 15 of the Principal Act is amended by
inserting ", except in the case of a revocation
under section 12A(7)," after "and".
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Act No. of
Part 3 - Land Use Planning and Approvals Act 1993 Amended s. 14
14. Part 3, Division 1A, Subdivision 1: Heading inserted
Division 1A of Part 3 of the Principal Act is
amended by inserting the following heading
before section 30A:
Subdivision 1 - Purposes and interpretation
15. Section 30B amended (Interpretation: Division 1A)
Section 30B of the Principal Act is amended by
omitting the definition of dispensation.
16. Part 3, Division 1A, Subdivision 2: Heading inserted
Division 1A of Part 3 of the Principal Act is
amended by inserting the following heading after
section 30B:
Subdivision 2 - Regional areas and land use strategies
17. Part 3, Division 1A, Subdivision 3: Heading inserted
Division 1A of Part 3 of the Principal Act is
amended by inserting the following heading after
section 30C:
Subdivision 3 - Interim planning schemes
18. Section 30IA amended (Urgent amendment of
interim planning schemes)
Section 30IA(6) of the Principal Act is amended
as follows:
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Land Use Planning and Approvals Amendment Act 2013
Act No. of
s. 19 Part 3 - Land Use Planning and Approvals Act 1993 Amended
(a) by inserting in paragraph (i) "or
Subdivision 4" after "30N";
(b) by omitting from paragraph (j) "under
section 30R".
19. Sections 30P, 30Q and 30R substituted
Sections 30P, 30Q and 30R of the Principal Act
are repealed and the following Subdivision is
substituted:
Subdivision 4 - Dispensations
30P. Interpretation of Subdivision 4
In this Subdivision -
relevant exhibition documents, in
relation to an application under
section 30Q(1), means -
(a) the application; and
(b) any documentation that
accompanied the
application; and
(c) any additional
information provided in
relation to the application,
pursuant to a request
under section 30Q(6); and
20
Land Use Planning and Approvals Amendment Act 2013
Act No. of
Part 3 - Land Use Planning and Approvals Act 1993 Amended s. 19
(d) if the application includes
a request under
section 30Q(3) -
(i) a copy of the
application under
section 30R(1) to
which the request
relates; and
(ii) any
documentation
that accompanied
the application
under
section 30R(1);
and
(iii) any additional
information that
accompanied the
application under
section 30R(1)
pursuant to a
request under
section 30R(6);
and
(iv) a copy of a permit
granted under
section 30T, or of
a decision under
section 30T to
refuse to grant a
permit, pursuant to
the application
21
Land Use Planning and Approvals Amendment Act 2013
Act No. of
s. 19 Part 3 - Land Use Planning and Approvals Act 1993 Amended
under
section 30R(1).
30Q. Applications for dispensations
(1) A person may, in a form approved by the
Commission, apply to a planning
authority for a dispensation from a local
provision of an interim planning scheme
administered by the planning authority.
(2) If the person who makes an application
under subsection (1) is not the owner of
the land to which the application relates,
the application must be -
(a) signed by the owner or owners of
the land; and
(b) accompanied by the written
permission of the owner or
owners for the application to be
made.
(3) A person who makes an application
under subsection (1) for a dispensation
from a local provision of an interim
planning scheme may request the
planning authority to consider at the
same time an application under
section 30R(1) by the person for a permit
that could not be granted under the
scheme if the dispensation were not
granted.
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Act No. of
Part 3 - Land Use Planning and Approvals Act 1993 Amended s. 19
(4) A planning authority to which an
application under subsection (1) is made
may, by notice to the applicant, modify
the application.
(5) An application under subsection (1) that
is modified under subsection (4) is to be
taken to be the application under
subsection (1).
(6) A planning authority to which an
application under subsection (1) is made
may, within 28 days, by notice in writing
served on the applicant, request the
applicant to provide the planning
authority with additional information in
relation to the application before it
considers the application.
(7) If a planning authority requests under
subsection (6) additional information to
be provided in relation to an application
under subsection (1) -
(a) the period referred to in
section 30S(1) does not run in
relation to the application while
the request for information has
not been answered to the
satisfaction of the planning
authority; and
(b) the period referred to in
section 30T(3) does not, while the
request for information has not
been answered to the satisfaction
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Land Use Planning and Approvals Amendment Act 2013
Act No. of
s. 19 Part 3 - Land Use Planning and Approvals Act 1993 Amended
of the planning authority, run in
relation to an application under
section 30R(1) to which relates a
request under subsection (3) that
is included in the application
under subsection (1).
30R. Application for permit that relates to
application for dispensation
(1) A person may apply to a planning
authority for a permit which could not be
granted under an interim planning
scheme unless a dispensation from a
local provision of the interim planning
scheme were granted.
(2) An application under subsection (1) by a
person is to accompany an application
under section 30Q(1) by the person.
(3) If an undertaking is in respect of -
(a) a combination of uses; or
(b) a combination of developments;
or
(c) a combination of one or more
uses and one or more
developments -
and under an interim planning scheme
any of those uses or developments
requires a permit to be granted in respect
of them, a person, in one application,
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Land Use Planning and Approvals Amendment Act 2013
Act No. of
Part 3 - Land Use Planning and Approvals Act 1993 Amended s. 19
may apply to the planning authority for a
permit with respect to that undertaking.
(4) Sections 52 and 52A apply in relation to
an application under subsection (1).
(5) Sections 51, 53, 54, 55, 56, 56A, 57, 57A
and 58 do not apply in relation to an
application under subsection (1).
(6) A planning authority to which an
application under subsection (1) is made
may, within 28 days, by notice in writing
served on the applicant, request the
applicant to provide the planning
authority with additional information in
relation to the application before it
considers the application.
(7) If a planning authority requests under
subsection (6) additional information to
be provided in relation to an application
under subsection (1) -
(a) the period referred to in
section 30T(3) does not run in
relation to the application under
subsection (1) while the request
for information has not been
answered to the satisfaction of the
planning authority; and
(b) the period referred to in
section 30S(1) does not run in
relation to the application under
section 30Q(1) to which the
application under subsection (1)
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Land Use Planning and Approvals Amendment Act 2013
Act No. of
s. 19 Part 3 - Land Use Planning and Approvals Act 1993 Amended
relates, while the request for
information has not been
answered to the satisfaction of the
planning authority.
30S. Planning authority to decide whether to
reject or exhibit application for dispensation
(1) Within 42 days of receiving an
application under section 30Q(1) a
planning authority must decide to -
(a) reject the application; or
(b) exhibit the application.
(2) A planning authority may only decide
under subsection (1) to exhibit an
application under section 30Q(1) in
relation to an area of land if it is satisfied
that a dispensation granted in accordance
with the application -
(a) would not conflict with a
common provision in the interim
planning scheme that applies to
the area of land; and
(b) would further the objectives set
out in Schedule 1; and
(c) would be in accordance with all
State policies; and
(d) would be in accordance with the
regional land use strategy for the
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Land Use Planning and Approvals Amendment Act 2013
Act No. of
Part 3 - Land Use Planning and Approvals Act 1993 Amended s. 19
regional area in which the land is
situated; and
(e) is consistent with the safety
requirements set out in the
standards prescribed under the
Gas Pipelines Act 2000; and
(f) as far as practicable, will not
conflict with a use, or
development, in respect of land
next to the land to which the
application relates, that is a use or
development permissible under
the relevant interim planning
scheme.
(3) If a planning authority decides under
subsection (1) to reject an application
under section 30Q(1) that includes a
request under section 30Q(3) in relation
to an application under section 30R(1)
for a permit, the planning authority is to
be taken to have refused the permit.
(4) A planning authority that decides under
subsection (1) to reject an application
under section 30Q(1) must give notice in
writing to the following persons of its
decision, and, if subsection (3) applies,
notice that the planning authority has
refused to grant the permit:
(a) the applicant;
(b) if the applicant is not the owner
of the land to which the
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Land Use Planning and Approvals Amendment Act 2013
Act No. of
s. 19 Part 3 - Land Use Planning and Approvals Act 1993 Amended
application relates, the owner or
owners of the land;
(c) the Commission.
30T. Planning authority that agrees to exhibition
is to consider permit application first
(1) This section applies to an application to a
planning authority under section 30R(1)
if the planning authority has decided
under section 30S to exhibit an
application under section 30Q(1) that
includes under section 30Q(3) a request
in relation to the application under
section 30R(1).
(2) The planning authority must decide
under subsection (3) an application under
section 30R(1) to which this section
applies, by reference to the provisions of
the interim planning scheme, as in force
at the date of its decision, that applies in
relation to the land to which the
application relates, as if the application
under section 30Q(1) to which the
application under section 30R(1) relates
had been granted.
(3) The planning authority, within 42 days
after receiving an application under
section 30R(1) to which this section
applies, must decide the application by -
(a) granting a permit on the
conditions or restrictions, if any,
28
Land Use Planning and Approvals Amendment Act 2013
Act No. of
Part 3 - Land Use Planning and Approvals Act 1993 Amended s. 19
it thinks fit and specifies on the
permit; or
(b) refusing to grant a permit.
(4) In deciding under subsection (3) an
application under section 30R(1) for a
permit, a planning authority -
(a) must seek to further the
objectives set out in Schedule 1;
and
(b) must take into consideration each
of the prescribed matters that are
relevant to the use or
development to which the
application relates.
30U. Exhibition of applications for dispensations
(1) If the planning authority decides under
section 30S(1) to exhibit an application
under section 30Q(1) that does not
include a request under section 30Q(3),
the planning authority must -
(a) as soon as practicable, exhibit in
accordance with subsection (3)
the relevant exhibition documents
in relation to the application
under section 30Q(1); and
(b) within 7 days, notify the
Commission that the planning
authority is to exhibit in
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Act No. of
s. 19 Part 3 - Land Use Planning and Approvals Act 1993 Amended
accordance with subsection (3)
the relevant exhibition
documents; and
(c) within 7 days, provide to the
Commission the relevant
exhibition documents.
(2) If a planning authority decides under
section 30T(3) an application under
section 30R(1) to which relates a request
under section 30Q(3) that is included in
an application under section 30Q(1), the
planning authority must -
(a) as soon as practicable, exhibit in
accordance with subsection (3)
the relevant exhibition documents
in relation to the application
under section 30Q(1); and
(b) within 7 days, notify the
Commission that the planning
authority is to exhibit in
accordance with subsection (3)
the relevant exhibition
documents; and
(c) within 7 days, provide to the
Commission the relevant
exhibition documents.
(3) If the planning authority is required
under subsection (1) or (2) to exhibit in
accordance with this subsection the
relevant exhibition documents in relation
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to an application under section 30Q(1),
the planning authority must ensure that -
(a) the relevant exhibition documents
are, for a period of 3 weeks,
publicly exhibited at the office of
the planning authority at which
the interim planning scheme to
which the application relates is
publicly exhibited in accordance
with section 30H; and
(b) the relevant exhibition documents
are, for a period of 3 weeks, made
available for viewing at the
website at which the interim
planning scheme is made
available for viewing in
accordance with section 30H; and
(c) a notice in relation to the relevant
exhibition documents is
published in a daily newspaper
circulating generally in the area
to which applies the interim
planning scheme to which the
application relates.
(4) The notice under subsection (3)(c) in
relation to the relevant exhibition
documents in relation to an application
under section 30Q(1) is to -
(a) specify that an application under
section 30Q(1), and an
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application under section 30R(1),
if any, have been made; and
(b) indicate the area of land to which
the application or applications
relate; and
(c) specify that the relevant
exhibition documents are, or will
be, on public display at the
address of the offices of the
planning authority specified in
the notice; and
(d) specify that copies of the relevant
exhibition documents are
available for viewing at a website
address specified in the notice;
and
(e) specify that representations in
relation to the relevant exhibition
documents may be made to the
planning authority -
(i) at the address of the
planning authority
specified in the notice;
and
(ii) at any time within 3
weeks from the date,
specified in the notice, on
which the public
exhibition of those
documents is to begin.
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(5) If a period, in relation to an application,
referred to in this section includes any
days on which the office of a planning
authority is closed during normal
business hours in that part of the State to
which applies the interim planning
scheme to which the application relates,
the period is extended by the number of
those days.
30V. Representations and reports in relation to
applications for dispensations and permits
(1) A person may make to a planning
authority a representation in relation to
the relevant exhibition documents in
relation to an application under
section 30Q(1) that are exhibited at the
offices of the authority in accordance
with section 30U.
(2) A representation may only be made in
relation to the relevant exhibition
documents within the period that is, in
accordance with section 30U(4)(e)(ii),
specified in the notice under
section 30U(3)(c) in relation to the
documents as the period in which
representations may be made.
(3) A planning authority that has exhibited
the relevant exhibition documents in
relation to an application under
section 30Q(1) must provide to the
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Commission a report in relation to the
documents.
(4) The report in relation to the relevant
exhibition documents in relation to an
application under section 30Q(1) is to be
provided to the Commission not later
than 35 days after -
(a) the end of the period for which
the documents have been publicly
exhibited in accordance with
section 30U; or
(b) the end of a further period that
the Commission allows.
(5) The report in relation to the relevant
exhibition documents in relation to an
application under section 30Q(1) is to
contain -
(a) a copy of each representation
made in relation to the
documents; and
(b) a statement as to the planning
authority's opinion as to the merit
of each representation, including,
in particular, if the application
included a request under
section 30Q(3) in relation to an
application under section 30R(1),
its views as to the need for
modification of a decision by the
planning authority in relation to
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the application under
section 30R(1); and
(c) a statement as to the merit of the
relevant exhibition documents
and as to whether the planning
authority recommends any
modification of any permit
included in those documents or
any condition on such a permit.
(6) If an application under section 30Q(1)
includes a request under section 30Q(3)
in relation to an application under
section 30R(1) and the application under
section 30R(1) has been referred to the
Board of the Environment Protection
Authority under section 24 or section 25
of the Environmental Management and
Pollution Control Act 1994 -
(a) the planning authority must, not
later than 7 days after the
expiration of the exhibition
period referred to in section 30U,
forward copies of all
representations received under
subsection (1) to the Board of the
Environment Protection
Authority; and
(b) the Board of the Environment
Protection Authority must, within
28 days of receiving the
representations, provide a report
to the Commission containing -
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(i) the Board's opinion as to
the merit of each
representation; and
(ii) the Board's opinion as to
the need for modification
of a decision by the
planning authority in
relation to the application
under section 30R(1); and
(iii) the Board's
recommendations, if any,
in relation to the planning
authority's decision.
30W. Grant of dispensations
(1) The Commission, after receiving a report
under section 30V in relation to the
relevant exhibition documents in relation
to an application under section 30Q(1) -
(a) must hold a hearing in relation to
each of the representations, if
any, contained in the report; and
(b) may consolidate any of those
representations and, if it does so,
must hold a hearing in relation to
the consolidated representations;
and
(c) may hold hearings in relation to
other matters as it thinks fit; and
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(d) must consider the applicable
matters in relation to the relevant
exhibition documents.
(2) The applicable matters in relation to the
relevant exhibition documents in relation
to an application under section 30Q(1)
are -
(a) the interim planning scheme to
which the application relates; and
(b) the report provided under
section 30V in relation to the
documents; and
(c) matters raised at any hearings
under subsection (1) in relation to
the documents; and
(d) the regional land use strategy, if
any, for the regional area in
which the interim planning
scheme is to apply; and
(e) any applicable State policy.
(3) The Commission, after considering an
application made under section 30Q(1)
and complying with subsection (1), must
decide -
(a) to grant the dispensation sought
in the application, with or without
the modifications the
Commission thinks fit; or
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(b) to refuse to grant the dispensation
sought in the application.
(4) The Commission must decide under
subsection (3) an application under
section 30Q(1) within 3 months after
receiving the report under section 30V in
relation to the application or a later date,
if any, approved by the Minister.
(5) The Commission may only grant a
dispensation if it is satisfied that the
dispensation -
(a) would not conflict with a
common provision in the interim
planning scheme that applies to
the area of land; and
(b) would further the objectives set
out in Schedule 1; and
(c) would be in accordance with all
State policies; and
(d) would be in accordance with the
regional land use strategy for the
regional area in which the land is
situated; and
(e) is consistent with the safety
requirements set out in the
standards prescribed under the
Gas Pipelines Act 2000; and
(f) as far as practicable, will not
conflict with a use, or
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development, in respect of land
next to the land to which the
application relates, that is a use or
development permissible under
the relevant interim planning
scheme.
(6) A dispensation may be granted on the
conditions specified in the dispensation.
(7) A person to whom a dispensation has
been granted must comply with, and not
contravene, the conditions, if any,
specified in the dispensation.
Penalty: Fine not exceeding 100 penalty
units.
(8) The Commission is to give notice in
writing to the following persons of its
decision under subsection (3) in relation
to an application under section 30Q(1):
(a) the applicant;
(b) if the applicant is not the owner
of the land to which the
application relates, the owner or
owners of the land;
(c) the planning authority in respect
of the land to which the
application relates.
(9) If a person is granted a dispensation in
relation to a local provision of an interim
planning scheme -
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(a) the local provision does not
apply, to the extent of any
inconsistency with the
dispensation, to the land to which
the dispensation relates; and
(b) the dispensation applies to the
land as if it were a local provision
of the interim planning scheme;
and
(c) when the interim planning
scheme, as modified if at all
under section 30M, is made a
planning scheme under
section 30N -
(i) a provision of the
planning scheme that is
inconsistent with the
dispensation does not
apply in relation to the
land to which the
dispensation relates; and
(ii) the dispensation applies to
the land as if it were a
local provision of the
planning scheme.
30X. Alteration of certain planning schemes and
revocation of dispensations
(1) An owner of land to which a dispensation
relates may apply to the Commission for
a revocation of the dispensation.
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(2) The Commission, after receiving an
application under subsection (1) in
relation to a dispensation, may revoke or
refuse to revoke the dispensation.
(3) If the Commission has granted a
dispensation in relation to an area of land
to which an interim planning scheme
relates -
(a) the Commission may direct under
section 30M the planning
authority in relation to the land to
prepare a modification to the
scheme so that the planning
scheme consisting of the interim
planning scheme, as so modified,
made in relation to the land under
section 30N will be, in relation to
the land, to the same effect as the
dispensation; and
(b) after the planning scheme,
consisting of the interim planning
scheme, as so modified, if at all
under section 30M, is made under
section 30N, the Commission
may revoke the dispensation by
notice in writing to the owner of
the land to which the dispensation
relates.
(4) If the Commission has granted a
dispensation in relation to an area of land
to which a planning scheme made under
section 30N relates -
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(a) the Commission, for the purpose
of ensuring a use or development
to which a permit granted or
confirmed under section 30Y(1)
relates is consistent with the
planning scheme, may modify the
planning scheme; and
(b) may revoke the dispensation by
notice in writing to the owner of
the land to which the dispensation
relates.
(5) The Commission may, under
subsection (3) or (4), revoke a
dispensation only if -
(a) the Commission has notified the
owner of the land to which the
dispensation relates of the
Commission's intention -
(i) to modify a planning
scheme or to issue a
direction to modify an
interim planning scheme;
and
(ii) to revoke the
dispensation; and
(b) has, in the notice under
paragraph (a), invited the owner
of the land to make
representations, within a period
specified in the notice, to the
Commission as to why the
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Commission ought not to carry
out its intentions; and
(c) the Commission has considered
any representations made to it by
the owner of the land within the
period specified in the notice.
(6) If the Commission modifies a planning
scheme under subsection (4) -
(a) Division 2 of Part 3 does not
apply in respect of the
modification; and
(b) the modification takes effect on
the day specified by the
Commission; and
(c) the Commission must give notice,
as prescribed, of the modification.
30Y. Decision in relation to permit application
accompanying dispensation application
(1) If an application under section 30Q(1)
includes a request under section 30Q(3)
in relation to an application under
section 30R(1), the Commission must, at
the same time as it decides under
section 30W(3) the application under
section 30Q(1) -
(a) where the Commission decides to
reject the application under
section 30Q(1), refuse to grant a
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permit in relation to the
application under section 30R(1);
or
(b) confirm the decision of the
planning authority in relation to
the application under
section 30R(1); or
(c) where the Commission disagrees
with the decision of the planning
authority, in relation to the
application under section 30R(1),
to grant a permit -
(i) refuse the permit; or
(ii) modify or delete
conditions or restrictions
attached to the permit or
add new conditions or
restrictions to the permit;
or
(d) where the the Commission
disagrees with the decision of the
planning authority, in relation to
the application under
section 30R(1), to refuse to grant
the permit, grant a permit subject
to the conditions or restrictions
that the Commission thinks fit.
(2) If an application under section 30Q(1)
includes a request under section 30Q(3)
in relation to an application under
section 30R(1) and the Commission
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makes under subsection (1) a decision, in
relation to the application under
section 30R(1), that confirms the grant of
a permit by a planning authority, or
results in a permit being granted, the
permit takes effect on whichever of the
following dates occurs last:
(a) the date on which the decision is
made under subsection (1);
(b) a later date, specified in the
decision made under
subsection (1);
(c) if any approvals under this or any
other Act are required for the
proposed use or development to
which the permit relates, the date
on which all those approvals are
granted;
(d) if an agreement is, under the
permit, required to be entered
into, the date on which the
agreement is executed.
(3) If the use or development in respect of
which a permit is granted under
subsection (1), or in respect of which the
grant of a permit is confirmed under
subsection (1), is not substantially
commenced -
(a) within 2 years from the date on
which the permit was granted or
confirmed; or
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(b) within a further period of 2 years,
if the planning authority has
granted an extension under
subsection (4) -
the permit lapses.
(4) If the use or development -
(a) in respect of which a permit is
granted under subsection (1); or
(b) in respect of which the grant of a
permit is confirmed under
subsection (1) -
is not, or is unlikely to be, substantially
commenced before the permit would
otherwise lapse under subsection (3)(a),
the planning authority may grant, once
only, an extension of the period in which
the use or development must be
substantially commenced.
(5) If -
(a) an application under
section 30Q(1) includes a request
under section 30Q(3) to consider
an application under
section 30R(1) for a permit; and
(b) the planning authority granted the
permit; and
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(c) the Commission makes a decision
under subsection (1) to refuse the
permit -
the permit is cancelled by virtue of this
section.
(6) The Commission is to give notice in
writing to the following persons of its
decision under subsection (1) in relation
to an application under section 30R(1):
(a) the applicant;
(b) if the applicant is not the owner
of the land to which the
application relates, the owner or
owners of the land;
(c) the planning authority in respect
of the land to which the
application relates.
30Z. Correction of mistakes in permits referred to
in section 30Y and minor amendments
A planning authority may correct a
permit referred to in section 30Y if the
permit contains -
(a) a clerical mistake or an accidental
omission; or
(b) an evident material
miscalculation of figures or an
evident material mistake in the
description of any person, thing
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or property referred to in the
permit.
30ZA. Minor amendments of permits referred to in
section 30Y
(1) The owner of land, or a person with the
consent of the owner, may request the
planning authority in writing to amend a
permit referred to in section 30Y which
applies to that land.
(2) The planning authority may amend the
permit if it is satisfied that the
amendment -
(a) does not change the effect of any
decision of the Commission
under section 30Y; and
(b) will not cause an increase in
detriment to any person; and
(c) does not change the use or
development for which the permit
was issued other than by making
a minor change to the description
of the use or development.
(3) If the planning authority amends a permit
referred to in section 30Y, it must, by
notice in writing served on -
(a) the person who requested the
permit to be amended; and
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(b) if that person is not the owner of
the land, the owner; and
(c) the owner or occupier of any
property which adjoins the land;
and
(d) any person who made a
representation under
section 30V(1) in relation to the
application for the permit -
notify those persons of the amendments
made to the permit.
(4) If the planning authority amends a permit
referred to in section 30Y containing a
condition or restriction which the Board
of the Environment Protection Authority
has required under section 25(5) of the
Environmental Management and
Pollution Control Act 1994, the planning
authority must, by notice in writing
served on the Board, notify it of the
amendments made to the permit.
(5) If the planning authority amends a permit
in respect of which the Commission has
modified, deleted or added conditions or
restrictions under section 30Y(1)(c)(ii),
the planning authority must, by notice in
writing served on the Commission, notify
the Commission of the amendments
made to the permit.
(6) Section 56A applies to an amendment of
a permit referred to in section 30Y.
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30ZB. Dispensation applications that are not
decided before planning scheme made
(1) If a planning authority has not decided
under section 30S(1) an application
under section 30Q(1) for a dispensation
from an interim planning scheme before
a planning scheme, consisting of the
interim planning scheme, or the interim
planning scheme as modified under
section 30M, is made under section 30N,
the application lapses.
(2) If an application under section 30Q(1)
for a dispensation from an interim
planning scheme is made and the
Commission has not decided the
application under section 30W(3) before
a planning scheme, consisting of the
interim planning scheme, or the interim
planning scheme as modified under
section 30M, is made under
section 30N -
(a) the Commission is to continue to
determine the application; and
(b) if the application includes a
request under section 30Q(3) in
relation to an application under
section 30R(1), the Commission
is to make its decision under
section 30Y in relation to the
application under section 30R -
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as if the interim planning scheme
continued to apply in relation to the land
rather than the planning scheme made
under section 30N.
20. Sections 50A, 50B, 50C and 50D inserted
After section 50 of the Principal Act, the
following sections are inserted in Division 2:
50A. Certifiable schemes and orders and
certifiable permitted uses and developments
(1) The regulations may prescribe -
(a) a planning scheme, or special
planning order, to be a certifiable
scheme or order; and
(b) a use or development, referred to
in a certifiable scheme or order,
to be a certifiable permitted use
or development in relation to the
land.
(2) The regulations may only prescribe a use
or development specified in a planning
scheme, or special planning order, to be a
certifiable permitted use or development
in relation to land if the use or
development is a use or development in
relation to which, under the planning
scheme, or special planning order, a
person to whom an application for a
permit in relation to the use or
development is made is bound to grant a
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permit either unconditionally or subject
to conditions or restrictions.
50B. Permitted use or development certificates
(1) A person may apply to a planning
certifier, in a form approved by the
Commission, for the issue of a permitted
use or development certificate in relation
to a certifiable permitted use or
development.
(2) A planning certifier who receives from a
person an application under
subsection (1) in relation to a use or
development may -
(a) if the planning certifier is
satisfied that the use or
development is a certifiable
permitted use or development,
issue a permitted use or
development certificate in
relation to the use or
development; or
(b) if the planning certifier is not
satisfied that the use or
development is a certifiable
permitted use or development, by
notice to the person, refuse to
issue a permitted use or
development certificate in
relation to the use or
development.
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(3) A person must not obtain or attempt to
obtain a permitted use or development
certificate by wilfully making or causing
to be made any false representation, or
declaration, either orally or in writing.
Penalty: Fine not exceeding 20 penalty
units.
50C. Permitted use or development certificates if
water or sewerage supply implications
(1) In this section -
application means an application
under section 50B(1);
operations has the same meaning as in
the Water and Sewerage Industry
Act 2008;
regulated entity has the same meaning
as in the Water and Sewerage
Industry Act 2008;
relevant regulated entity, in relation to
an application, means the
regulated entity in relation to
which an occupier or owner of
the building or land to which the
application relates is, or is likely
to become, a customer in relation
to the building or land;
sewerage infrastructure has the same
meaning as in the Water and
Sewerage Industry Act 2008;
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works has the same meaning as in the
Water and Sewerage Industry Act
2008.
(2) If a planning certifier receives an
application in relation to any use or
development that would -
(a) increase the demand for water
supplied by the relevant regulated
entity; or
(b) increase the amount of sewage or
toxins that is to be removed by, or
discharged into, the relevant
regulated entity's sewerage
infrastructure; or
(c) damage or interfere with the
relevant regulated entity's works;
or
(d) adversely affect the relevant
regulated entity's operations -
the planning certifier must give the
relevant regulated entity notice of the
application, unless subsection (3) applies
in relation to the application.
(3) This subsection applies in relation to an
application if -
(a) the planning certifier refuses
under section 50B(2) to issue a
permitted use or development
certificate in respect of the use or
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development to which the
application relates; or
(b) the application is one that, if it
were an application for a permit
made to a planning authority,
would be exempted by
regulations made for the purposes
of section 56O of the Water and
Sewerage Industry Act 2008.
(4) The relevant regulated entity may make
submissions to the planning certifier in
respect of a use or development to which
applies a notice under subsection (2)
given by the planning certifier.
(5) A submission under subsection (4) by a
relevant regulated entity to a planning
certifier, in respect of a use or
development to which a notice under
subsection (2) applies, may include a
submission that -
(a) the regulated entity does not
object to the issue of a permitted
use or development certificate in
relation to the use or
development; or
(b) the regulated entity does not
object to the issue of a permitted
use or development certificate in
relation to the use or development
if the certificate is subject to
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conditions specified by the
regulated entity.
(6) The planning certifier may assume that
the relevant regulated entity has no
submissions to make in relation to an
application to which a notice under
subsection (2) applies if no such
submissions are received by the planning
certifier -
(a) within 14 days after the notice
was given to the relevant
regulated entity; or
(b) within a further period that the
planning certifier allows.
(7) Despite subsection (6), the planning
certifier must allow a reasonable further
period if the certifier receives notice
under subsection (8) or (9) that the
regulated entity requires additional
information.
(8) A regulated entity may, by notice in
writing served on a planning certifier
within the period of 7 days from the day
on which the regulated entity receives a
notice under subsection (2), request the
planning certifier to provide it with
additional information before it considers
the application.
(9) The regulated entity must, within 7 days
from the date it receives the additional
information under subsection (8), notify
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the planning certifier if the request for
information has not been answered to its
satisfaction and in that notification
require the planning certifier to provide it
with the additional information.
(10) If the period referred to in subsection (8)
or (9) includes any days on which the
office of the planning certifier is closed
during normal business hours in that part
of the State where the land subject to the
application is situated, that period is to be
extended by the number of those days.
50D. Water and sewerage certificates
(1) A planning certifier may issue a water
and sewerage certificate in relation to a
certifiable permitted use or development.
(2) A water and sewerage certificate in
relation to a certifiable permitted use or
development is a certificate, in a form
approved by the Commission, that is
issued by a planning certifier and that
states that -
(a) the use or development is not a
use or development to which, in
the opinion of the planning
certifier, section 50C(2) applies;
or
(b) a submission has been made
under section 50C(4) in relation
to the use or development; or
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(c) a notice in relation to the use or
development has been given by
the planning certifier under
section 50C(2) and the planning
certifier is entitled to make an
assumption under section 50C(6)
in relation to the use or
development.
21. Section 51 amended (Permits)
Section 51 of the Principal Act is amended by
inserting after subsection (1B) the following
subsections:
(1C) An application that relates only to a
certifiable permitted use or development
may be accompanied by -
(a) a permitted use or development
certificate in relation to the use or
development; and
(b) a water and sewerage certificate
in relation to the use or
development.
(1D) If an application is accompanied by a
water and sewerage certificate in relation
to a certifiable permitted use or
development, the certificate is to be
accompanied by -
(a) a copy of all submissions made
under section 50C(4) in relation
to the use or development; or
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(b) if the planning certifier who
issued the water and sewerage
certificate is entitled to make an
assumption under section 50C(6)
in relation to the use or
development, a copy of the notice
under section 50C(2) given to the
regulated entity in relation to the
use or development.
22. Section 53 amended (When does a permit take
effect?)
Section 53(7) of the Principal Act is amended as
follows:
(a) by omitting "unless" and substituting
"until";
(b) by omitting from paragraph (b) "permit."
and substituting "permit; or";
(c) by inserting the following paragraph after
paragraph (b):
(c) it is cancelled under section 65G.
23. Section 58 amended (Application for other permits)
Section 58 of the Principal Act is amended by
inserting after subsection (3) the following
subsections:
(4) If a privately certified application in
relation to a use or development is made
to a planning authority -
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(a) the applicant is only required to
pay to the planning authority half
of the amount of any fee that
would otherwise be payable
under this Act, or the Local
Government Act 1993, in relation
to the application or the grant of a
permit pursuant to the
application; and
(b) a reference in subsection (2) to a
period is to be taken, in relation
to the application, including for
the purposes of any other
provision of this Act, to be a
reference to a period of 10 days;
and
(c) the planning authority is to
consider whether the use or
development to which the
application relates meets the
requirements of the planning
scheme, or special planning
order, to which the application
relates; and
(d) if the planning authority
considers that the use or
development does not meet the
requirements of the planning
scheme, or special planning
order, to which the application
relates, the planning authority
must refuse the permit and notify
the applicant of that refusal
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within 7 days after the application
is received.
(5) If a privately certified application in
relation to a use or development is made
to a planning authority, the planning
authority -
(a) is not required, in relation to the
use or development, to comply
with section 56O of the Water
and Sewerage Industry Act 2008;
and
(b) in determining whether to impose
conditions on a permit granted in
relation to the use or
development, must take into
account any submissions made
under section 50C(4) in relation
to the use or development; and
(c) must impose on a permit granted
in relation to the use or
development any condition that is
specified in a submission made
under section 50C(4) in relation
to the use or development as
being required to be imposed on
the use or development; and
(d) must not attach, to a permit
granted in relation to the use or
development, a condition that
would conflict with a condition
that must be imposed on the
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permit in accordance with
paragraph (c); and
(e) must give to the relevant
regulated entity a copy of any
permit, and any notice of appeal
under section 61, in relation to
the use or development.
(6) If an appeal under section 61 relates
wholly or partly to the imposition of
conditions on a permit by a planning
authority as required under
subsection (5)(c), the relevant regulated
entity is taken to be a party to that
appeal.
(7) If a period referred to in subsection (4)
includes any days on which the office of
the planning authority is closed during
normal business hours in that part of the
State where the land subject to the
application is situated, that period is to be
extended by the number of those days.
(8) In this section -
privately certified application means
an application under section 51
that -
(a) relates only to a
certifiable use or
development; and
(b) is accompanied, in
accordance with
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section 51(1C), by a
permitted use or
development certificate,
and a water and sewerage
certificate, in relation to
the use or development;
relevant regulated entity has the same
meaning as it has in section 50C.
24. Section 58A amended (Permits requiring entering
into of agreements)
Section 58A(1) of the Principal Act is amended
by inserting "section 30T or" after "under".
25. Section 60C amended (Projects eligible to be
declared projects of regional significance)
Section 60C of the Principal Act is amended by
omitting subsection (8) and substituting the
following subsection:
(8) A project that is to be situated on an area
of land may be declared to be a project of
regional significance even though a use
or development that is proposed to form
part of the project is prohibited under -
(a) an interim planning scheme; or
(b) a planning scheme made under
section 30N -
that applies in relation to the land, but
only if the use or development would be
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consistent with a regional land use
strategy that applies in relation to the
land.
26. Section 60Y amended (Amendment of planning
schemes, &c.)
Section 60Y(1)(a) of the Principal Act is
amended by omitting "(other than an interim
planning scheme, or a planning scheme made
under section 30N)".
27. Part 4, Division 2B inserted
After section 60Z of the Principal Act, the
following Division is inserted in Part 4:
Division 2B - Planning compliance certificates
60ZA. Interpretation of Division 2B
In this Division -
ancillary dwelling means a dwelling
that -
(a) has a floor area not
greater than 60m2; and
(b) is appurtenant to a
dwelling on a lot on
which no other dwelling
is situated; and
(c) shares, with the dwelling
to which it is appurtenant,
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any access and parking,
water, sewerage, gas,
electricity or
telecommunications
connections and meters;
dwelling means a building, or a part of
a building, which building or part
of a building -
(a) is used as a self-contained
residence; and
(b) includes food preparation
facilities, a bath or
shower, laundry facilities,
a toilet and sink -
and may include any outbuildings
and works normally forming part
of a dwelling;
low risk development means a
development, other than a single
dwelling development, which -
(a) is within a class of
development in relation to
which no permit is
required, and that is not
prohibited, under the
planning scheme, or
special planning order,
that applies in relation to
the land on which the
development is to be
situated; and
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(b) is for the purposes of a
low risk use;
low risk use means a use of land, other
than a single dwelling use, that is
a use -
(a) in relation to which no
permit is required; and
(b) that is not prohibited -
under the planning scheme, or
special planning order, that
applies in relation to the land;
single dwelling means -
(a) a dwelling on a lot on
which no other dwelling
is situated; or
(b) a dwelling, and an
ancillary dwelling, on a
lot on which no other
dwelling is situated;
single dwelling development means a
development, consisting of a
single dwelling or an ancillary
dwelling, that -
(a) is within a class of
development in relation to
which no permit is
required, and that is not
prohibited, under the
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planning scheme, or
special planning order,
that applies in relation to
the land on which the
development is to be
situated; and
(b) is for the purposes of a
single dwelling use;
single dwelling use means a use of
land that is a use -
(a) that is classified as a
residential use; and
(b) in relation to which no
permit is required; and
(c) that is not prohibited -
under the planning scheme, or
special planning order, that
applies in relation to the land.
60ZB. Planning compliance certificates to be
obtained
(1) A person must not develop a single
dwelling development, or a low risk
development, unless there is a planning
compliance certificate in relation to the
development.
Penalty: Fine not exceeding 200 penalty
units.
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(2) If a person is convicted of an offence
against subsection (1), the court may
order the person to pay to the planning
authority the reasonable costs incurred by
the authority in investigating the offence
or prosecuting the offence, or both.
(3) If a person is convicted of an offence
against subsection (1), the court may
order that -
(a) the person is required to carry
out, within the period specified in
the order, work specified in the
order; and
(b) if the person does not carry out
the work within that period and
the relevant planning authority
carries out the work under
subsection (5), the person is liable
to the planning authority for the
reasonable costs incurred by the
authority in carrying out the
work.
(4) The work that may be specified in an
order under subsection (3) in relation to a
person is work that will ensure that a
development or use carried out by the
person on land is in accordance with the
planning scheme, or special planning
order, that applies to the land.
(5) If a court makes an order of a kind
referred to in subsection (3) in relation to
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a person and the person does not, within
the period specified in the order, carry
out the work specified in the order, the
relevant planning authority may carry out
the work.
(6) Subsection (1) does not apply in relation
to a development that commenced before
the day on which this section
commences.
60ZC. Applications for planning compliance
certificates
(1) A person may, in a form approved by the
Commission, apply to a planning
authority, or a planning certifier, for the
issue of a planning compliance certificate
in relation to -
(a) a single dwelling development
and a single dwelling use; or
(b) a low risk development and a low
risk use.
(2) An application under subsection (1) is to
be accompanied by the prescribed
information and the prescribed
documents.
(3) A person must not obtain, or attempt to
obtain, a planning compliance certificate
by wilfully making or causing to be made
any false representation or declaration
either orally or in writing.
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Penalty: Fine not exceeding 20 penalty
units.
60ZD. Issue of planning compliance certificates
(1) A planning authority, or planning
certifier, to which an application is made
under section 60ZC(1) in relation to a
development and a use -
(a) must issue a planning compliance
certificate specifying that -
(i) the development is a
single dwelling
development; and
(ii) the use is a single
dwelling use -
if the planning authority or
planning certifier is of the
opinion that the development is a
single dwelling development and
the use is a single dwelling use;
or
(b) must refuse to issue a planning
compliance certificate in relation
to the development and the use if
the planning authority or planning
certifier is not of the opinion that
the development is a single
dwelling development and the use
is a single dwelling use.
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(2) A planning authority, or planning
certifier, to which an application is made
under section 60ZC(1) in relation to a
development and a use -
(a) must issue a planning compliance
certificate, specifying that -
(i) the development is a low
risk development; and
(ii) the use is a low risk use -
if the planning authority or
planning certifier is of the
opinion that the development is a
low risk development and the use
is a low risk use; or
(b) must refuse to issue a planning
compliance certificate in relation
to the development and the use if
the planning authority or planning
certifier is not of the opinion that
the development is a low risk
development and the use is a low
risk use.
(3) In determining whether to issue a
planning compliance certificate in
relation to a development and a use, a
planning authority, and a planning
certifier, must take into account the
prescribed matters, if any.
(4) A person who has applied to a planning
authority, or a planning certifier, for the
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issue of a planning compliance certificate
may appeal to the Appeal Tribunal
against a decision by the planning
authority or planning certifier to refuse to
issue such a certificate.
(5) After hearing an appeal in relation to a
refusal by a planning authority or a
planning certifier to issue a planning
compliance certificate, the Appeal
Tribunal may, in addition to its powers
under the Resource Management and
Planning Appeal Tribunal Act 1993,
direct the planning authority or planning
certifier, respectively, to issue a planning
compliance certificate.
60ZE. Planning compliance certificates
(1) A planning compliance certificate is a
certificate, in the prescribed form, that
specifies that -
(a) a development to which the
certificate relates is a single
dwelling development and a use
to which the certificate relates is a
single dwelling use; or
(b) a development to which the
certificate relates is a low risk
development and a use to which
the certificate relates is a low risk
use.
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(2) If a development, or use, to which a
planning compliance certificate relates is
not substantially commenced within the
period of 2 years after the certificate is
issued, or within the period extended
under subsection (3), the certificate is
cancelled.
(3) If a development, or use, to which a
planning compliance certificate relates is
not, or is unlikely to be, substantially
commenced before the certificate would
otherwise be cancelled under
subsection (2), the planning authority in
respect of the land on which the
development is, or is to be, situated may
grant (once only) a 2-year extension of
the period during which that
development or use must be substantially
commenced.
(4) If -
(a) a planning compliance certificate
in relation to a development, and
a use, on land is issued on a day;
and
(b) the development and use, on that
day, is authorised under the
planning scheme, or special
planning order, in relation to the
land, to be carried out without a
permit and is not prohibited; and
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(c) the planning scheme, or special
planning order in relation to the
land (the altered scheme or
order) -
(i) ceases, after that day, to
authorise the development
and the use to be carried
out on the land; or
(ii) ceases, after that day, to
authorise the development
and use to be carried out
on the land unless there is
a permit in relation to the
development and the use;
or
(iii) prohibits, after that day, a
development, or use, of
that kind to be carried out
on the land; and
(d) the planning compliance
certificate has not been
cancelled -
the development and use on that land is
to be taken, from the day on which the
certificate is issued until the certificate is
cancelled, if at all, to be lawfully
established before the altered scheme or
order came into operation.
(5) A planning authority must -
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(a) keep a register of all planning
compliance certificates which it
has issued or copies of which
have been received by the
planning authority under
section 80I; and
(b) provide to the Commission,
before 1 August in each year,
copies of all entries in the register
in relation to planning
compliance certificates -
(i) which it has issued during
the previous financial
year; or
(ii) notice of the issue of
which it has received
under section 80I during
the previous financial
year.
60ZF. Cancellation of planning compliance
certificates
(1) A planning authority may, by notice to a
person to whom a planning compliance
certificate was issued by the planning
authority, or a planning certifier, in
relation to an area of land within the
municipal area of the planning authority,
cancel the certificate, if the planning
authority is satisfied that -
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(a) the certificate was issued in error;
or
(b) the issue of the certificate was not
authorised under this Act.
(2) A notice under subsection (1) to a person
must inform the person of the person's
rights under this Act to appeal against the
decision to cancel the certificate under
that subsection.
(3) A planning authority may only cancel a
planning compliance certificate issued to
a person if -
(a) the planning authority has given
to the person a notice in writing
specifying -
(i) that the planning authority
is considering cancelling
the planning compliance
certificate; and
(ii) the reasons why the
planning authority is
considering cancelling the
planning compliance
certificate; and
(iii) that the person may,
within the period of not
less than 28 days
specified in the notice,
make written submissions
to the planning authority
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in relation to the proposal;
and
(b) the planning authority has
considered any submissions that
are made by the person within the
period specified in the notice in
accordance with paragraph (a)(iii)
and that have not been withdrawn
by the person; and
(c) the period specified in the notice
in accordance with
paragraph (a)(iii) has expired.
(4) A person may appeal to the Appeal
Tribunal against a decision by a planning
authority to cancel a planning
compliance certificate.
28. Section 61 amended (Appeals against planning
decisions)
Section 61 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (3A):
(3B) If a planning authority has
amended a permit under
section 30ZA, any person
referred to in section 30ZA(3),
(4) or (5) may appeal to the
Appeals Tribunal against the
decision of the planning authority
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within 14 days after the day on
which the notice was served on
the person under
section 30ZA(3), (4) or (5).
(b) by inserting in subsection (4) "(otherwise
than by virtue of the operation of
section 30S(3))" after "grant a permit";
(c) by inserting in subsection (4)(c) "or
section 58(4)(d)" after "(3)";
(d) by inserting the following subsections
after subsection (6):
(7) If an authorised officer issues and
serves on a person an
enforcement notice under
section 65C, the person may,
within 14 days after the day on
which the notice is served, appeal
to the Appeal Tribunal against the
decision of the authorised officer
to issue and serve the notice.
(8) If a planning authority cancels
under section 65G a permit in
relation to land -
(a) an owner or occupier of
the land may, within 14
days after the day on
which the notice
cancelling the permit is
served under
section 65G(1) on the
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owner or occupier,
respectively; and
(b) an owner of land may,
within 14 days after the
day on which the owner is
notified under
section 65G(7) of the
cancellation of the
permit -
appeal to the Appeal Tribunal
against the decision of the
planning authority to cancel the
permit.
29. Section 62 amended (Determination of appeals)
Section 62(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (d)(ii)
"section 43K(2) or 56(2)" and
substituting "section 30ZA(2),
section 43K(2) or section 56(2)";
(b) by omitting from paragraph (d)(ii)
"Tribunal." and substituting "Tribunal;
or";
(c) by inserting the following paragraph after
paragraph (d):
(e) in the case of an appeal against
the cancellation of a permit -
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(i) direct the planning
authority not to cancel the
permit; or
(ii) direct the planning
authority not to cancel the
permit and to impose or
vary specified conditions
on the permit.
30. Section 63 amended (Obstruction of sealed schemes)
Section 63 of the Principal Act is amended by
omitting subsection (5) and substituting the
following subsections:
(5) If a person is convicted of an offence
against subsection (3), the court may
order the person to pay to the planning
authority the reasonable costs incurred by
the authority in investigating the offence
or prosecuting the offence, or both.
(5A) If a person is convicted of an offence
against subsection (3), the court may
order that -
(a) the person is required to carry
out, within the period specified in
the order, work specified in the
order; and
(b) if the person does not carry out
the work within that period and
the relevant planning authority
carries out the work under
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subsection (5C), the person is
liable to the planning authority
for the reasonable costs incurred
by the authority in carrying out
the work.
(5B) The work that may be specified in an
order under subsection (5A) in relation to
a person is work that will ensure that a
use or development carried out by the
person is in accordance with the relevant
planning scheme, special planning order,
permit, special permit or determination.
(5C) If a court makes an order of a kind
referred to in subsection (5A) in relation
to a person and the person does not,
within the period specified in the order,
carry out the work specified in the order,
the relevant planning authority may carry
out the work.
31. Section 63B inserted
After section 63A of the Principal Act, the
following section is inserted in Division 4:
63B. Notice of suspected contravention, &c., may
be given
(1) A person who suspects that another
person (other than a planning authority)
has contravened or failed, or is likely to
contravene or fail, to comply with
section 60ZB(1) or section 63(2) may
give notice in writing of the
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contravention or failure, or likely
contravention or failure, to the planning
authority in whose municipal area the
land to which the contravention or failure
relates is situated.
(2) A notice under subsection (1) given by a
person in relation to a contravention or
failure, or likely contravention or failure,
is to -
(a) specify the contravention or
failure and the land to which the
contravention or failure relates;
and
(b) request the planning authority to
advise the person whether it is
intended that -
(i) charges are to be laid in
relation to the
contravention or failure;
or
(ii) an infringement notice
under section 65A, or an
enforcement notice under
section 65C, is to be
issued and served on a
person in relation to the
contravention or failure;
and
(c) request the planning authority to
advise the person if, within 120
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days after the notice is given to
the planning authority -
(i) charges are laid against a
person in relation to the
contravention or failure;
or
(ii) an infringement notice
under section 65A, or an
enforcement notice under
section 65C, is issued and
served on a person in
relation to the
contravention or failure.
(3) If a notice in relation to a contravention
or failure, or likely contravention or
failure, is given by a person to a planning
authority under subsection (1), the
planning authority must issue a notice in
writing to the person as soon as
practicable after -
(a) it is, within 120 days after the
notice is received, determined
that -
(i) charges are, or are not, to
be laid in relation to the
contravention or failure;
or
(ii) an infringement notice
under section 65A, or an
enforcement notice under
section 65C, is, or is not,
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to be issued and served on
a person in relation to the
contravention or failure;
or
(b) the planning authority, within 120
days after the notice is received,
lays charges against a person in
relation to the contravention or
failure; or
(c) an infringement notice under
section 65A, or an enforcement
notice under section 65C, is
issued and served on a person,
within 120 days after the notice is
received, in relation to the
contravention or failure.
(4) A notice under subsection (3) in relation
to a contravention or failure, or likely
contravention or failure, is to advise the
person to whom it is issued of the
determination, the laying of charges or
the issue and service of an infringement
notice under section 65A or an
enforcement notice under section 65C, as
the case may be.
32. Section 64 amended (Civil enforcement
proceedings)
Section 64 of the Principal Act is amended as
follows:
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(a) by omitting from subsection (1) "the
Commission, a planning authority or a
person" and substituting "other than
section 48AA or 48A or section 63A, a
person, other than the Commission or a
planning authority,";
(b) by inserting the following subsections
after subsection (1):
(1A) An applicant may only make an
application under subsection (1)
in relation to a contravention of
or failure to comply with
section 60ZB(1) or section 63(2),
or a likely contravention of or
likely failure to comply with
section 60ZB(1) or section 63(2),
by a person other than a planning
authority if -
(a) the applicant has given, to
the planning authority in
whose municipal area is
situated the land to which
the contravention or
failure relates, a notice in
writing under
section 63B(1) in relation
to the contravention or
failure; and
(b) subsection (1B) applies in
relation to the
contravention or failure.
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(1B) This subsection applies in relation
to a contravention or failure -
(a) if -
(i) the planning
authority has
notified the
applicant under
section 63B(3) of
a determination
that charges are
not to be laid, or
an infringement
notice under
section 65A, or an
enforcement
notice under
section 65C, is not
to be issued and
served on a
person, in relation
to the
contravention or
failure; and
(ii) before the
application is
made, charges are
not laid, and an
infringement
notice under
section 65A, or an
enforcement
notice under
section 65C, is not
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issued and served
on a person, in
relation to the
contravention or
failure; or
(b) where paragraph (a) does
not apply, if within 120
days of the planning
authority being given the
notice under
section 63B(1) in relation
to the contravention or
failure -
(i) charges in relation
to the
contravention or
failure have not
been laid; and
(ii) an infringement
notice under
section 65A, or an
enforcement
notice under
section 65C, has
not been issued
and served on a
person, in relation
to the
contravention or
failure.
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(c) by omitting subsections (2A), (2B) and
(2C) and substituting the following
subsections:
(2A) If an application under this
section is made by a person in
relation to land -
(a) the owner and the
occupier of the land are
taken to be parties to the
application, if -
(i) the respondent to
the application is
the planning
authority, other
than by virtue of a
contravention, or
likely
contravention, of
section 63(2) by
the planning
authority or a
failure, or likely
failure, by the
planning authority
to comply with
section 63(2); and
(ii) the owner or
occupier is not the
planning
authority; and
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(b) the planning authority in
whose municipal area the
land is situated is taken to
be a party to the
application, if -
(i) the planning
authority is not the
respondent to the
application; or
(ii) a direction is made
under
subsection (2B) in
relation to the
planning
authority.
(2B) Despite subsection (1), at any
time after receiving an
application made under this
section, the Appeal Tribunal may
direct that the planning authority,
in whose municipal area the land
to which the application relates is
situated, be made an applicant in
the application.
33. Part 4, Divisions 4A and 4B inserted
After section 65 of the Principal Act, the
following Divisions are inserted in Part 4:
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Division 4A - Enforcement by planning authorities
65A. Infringement notices
(1) An authorised officer may issue an
infringement notice and serve it on a
person if the officer reasonably believes
that the person has committed an
infringement offence.
(2) An infringement notice may not be
served on an individual who has not
attained the age of 16 years.
(3) An infringement notice -
(a) is to be in accordance with
section 14 of the Monetary
Penalties Enforcement Act 2005;
and
(b) is not to relate to more than 4
offences.
(4) The regulations -
(a) may prescribe the penalty
applicable to each infringement
offence that is payable under an
infringement notice; and
(b) may prescribe different penalties
for bodies corporate and
individuals.
(5) The penalty prescribed for any
infringement offence is not to exceed
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20% of the maximum penalty that could
be imposed on an individual by a court in
respect of the offence.
(6) In this section -
infringement offence means an
offence against this Act, or the
regulations, that is prescribed by
the regulations to be an
infringement offence.
65B. Notice of intention to issue enforcement
notice
(1) An authorised officer who reasonably
believes a person has committed, is
committing, or is about to commit, an
offence against section 57(4A),
section 60ZB(1), section 63(3) or
section 64(7) may issue a notice (a notice
of intention to issue an enforcement
notice) in relation to the offence and
serve it on the person.
(2) A notice of intention to issue an
enforcement notice in relation to an
offence must -
(a) be in writing; and
(b) specify the provision to which the
offence relates; and
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(c) contain particulars of the offence
that give adequate information as
to the nature of the offence; and
(d) specify that it is proposed that an
enforcement notice be issued in
relation to the offence; and
(e) specify that representations may
be made in relation to the offence
to an authorised officer specified
in the notice; and
(f) specify that the representations
may only be made in writing,
delivered to an address specified
in the notice, within the period
specified in the notice.
(3) The last day of a period specified under
subsection (2)(f) in a notice of intention
to issue an enforcement notice must not
be sooner than 14 business days after the
notice is served.
(4) A person on whom a notice of intention
to issue an enforcement notice is served
may, within the period specified under
subsection (2)(f) in the notice, make
representations in writing to an address
specified in the notice.
(5) The planning authority must notify in
writing an owner of land, in relation to
which a notice of intention to issue an
enforcement notice is served under
subsection (1), if the person on whom the
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notice is served is not the owner of the
land.
(6) A notice of intention to issue an
enforcement notice in relation to a use or
development of land may, as an
alternative to being served in accordance
with section 84, be served by affixing the
notice to a building or structure on the
land in a place where a person entering
the land would be likely to see the notice.
65C. Enforcement notices
(1) An authorised officer who reasonably
believes a person has committed, is
committing, or is about to commit, an
offence against section 57(4A),
section 60ZB(1), section 63(3) or
section 64(7) may issue a notice (an
enforcement notice) in relation to the
offence and serve it on the person.
(2) Subject to subsection (3), an enforcement
notice in relation to an offence may only
be issued and served on a person if -
(a) a notice of intention to issue an
enforcement notice in relation to
the same offence has been issued
and served on the person under
section 65B; and
(b) the enforcement notice is issued
and served after the end of the
last day of the period specified
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under section 65B(2)(f) in the
notice of intention to issue an
enforcement notice; and
(c) the authorised officer has
considered any representations
made under section 65B(4) by the
person on whom the notice of
intention to issue an enforcement
notice was served.
(3) Subsection (2) does not apply in relation
to an enforcement notice if the authorised
officer issuing the notice reasonably
believes that it is necessary that the
notice be issued and served without
delay -
(a) so as to prevent the imminent
commission of, or the
continuation of, the offence to
which the notice relates; and
(b) because, were the offence to be
committed or to continue to be
committed -
(i) damage might be caused
to the property of another
person; or
(ii) actions could not be taken
easily or without
significant expense to
restore land or a building
or other structure on land
to the condition it was in
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before the offence was
committed.
(4) An enforcement notice issued and served
on a person in respect of an offence
must -
(a) be in writing; and
(b) specify the provision to which the
offence relates; and
(c) contain particulars of the offence
that give adequate information as
to the nature of the offence; and
(d) inform the person of the person's
rights under this Act to appeal
against the notice; and
(e) specify the requirements, referred
to in section 65D, that are
imposed on the person.
(5) The planning authority must notify in
writing an owner of land, in relation to
which an enforcement notice is served
under subsection (1), if the person on
whom the enforcement notice is served is
not the owner of the land.
(6) An enforcement notice that imposes on a
person a requirement, referred to in
section 65D, that the person stop carrying
out a use or development on land may, as
an alternative to being served in
accordance with section 84, be served by
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affixing the notice to a building or
structure on the land in a place where a
person entering the land would be likely
to see the notice.
(7) An authorised officer may, by notice
served on a person on whom an
enforcement notice has been served
under subsection (1), withdraw the
enforcement notice.
(8) If an authorised officer withdraws under
subsection (7) an enforcement notice in
relation to land -
(a) a person may not be prosecuted
for having failed to comply with
the enforcement notice; and
(b) the authorised officer is to give
notice in writing of the
withdrawal of the enforcement
notice to any owner of the land
who was notified under
subsection (5) in relation to the
enforcement notice.
65D. Requirements of enforcement notices
(1) An enforcement notice that is served on a
person under section 65C may require
the person to do any one or more of the
following:
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(a) not to commit, or to cease to
commit, the offence to which the
notice relates;
(b) to take the action, specified in the
notice, to remedy the
consequences of the commission
of the offence;
(c) to take all reasonable steps to
ensure that a permit, or a
planning compliance certificate,
in relation to the land to which
the notice relates is granted under
this Act.
(2) Without limiting the generality of the
requirements that, under subsection (1),
may be imposed on a person by an
enforcement notice, an enforcement
notice may contain one or more of the
following requirements:
(a) that the person stop carrying out
development of the kind specified
in the notice;
(b) that the person stop carrying out a
use of land that is specified in the
notice;
(c) that the person demolish or
remove a building or other
structure, or any works carried
out, on land owned or occupied
by the person;
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(d) that the person restore, so far as
reasonably practicable, land, or a
building or structure on land, to
the condition it was in before
development was carried out by
the person;
(e) that the person do, or not do, an
act, so as to ensure that
development carried out by the
person on land is in accordance a
State Policy, permit, special
permit, planning scheme, or
special planning order, that
applies to the land.
(3) If an enforcement notice served on a
person under section 65C requires the
person to ensure that work is carried out,
the notice must specify the details of the
work.
(4) If an enforcement notice served on a
person under section 65C requires the
person -
(a) to refrain from doing an act, the
notice must also specify -
(i) the period for which the
requirement applies; or
(ii) that the requirement
applies until the person is
otherwise notified by an
authorised officer; or
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(b) to do an act, the notice must
specify the period within which
the act is required to be done.
(5) An enforcement notice issued under
section 65C may not contain a
requirement in respect of a matter in
relation to which, in accordance with
section 44(1)(a), (b) or (e) or 44(2)(a),
(b) or (e) of the Environmental
Management and Pollution Control Act
1994, an environment protection notice
may be issued.
(6) An enforcement notice may not be issued
under section 65C in relation to land if
the notice contains a requirement that is
inconsistent with a requirement of an
environment protection notice, issued
under section 44 of the Environmental
Management and Pollution Control Act
1994, that applies in relation to the land.
(7) An authorised officer who issues an
enforcement notice under section 65C in
relation to land, to which an environment
protection notice issued under section 44
of the Environmental Management and
Pollution Control Act 1994 applies, must
notify the Director, within the meaning
of that Act, that the enforcement notice
has been issued.
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65E. Offences and penalties in relation to
enforcement notices
(1) A person must not, without reasonable
excuse, contravene or fail to comply with
a requirement imposed on the person by
an enforcement notice, served on the
person under section 65C, that is in force.
Penalty: Fine not exceeding 500 penalty
units.
(2) If a person is convicted of an offence
against subsection (1) that relates to an
enforcement notice, the court may order
that the person pay to the planning
authority the reasonable cost incurred by
the authority in investigating or
prosecuting (or both) either or both of the
following offences:
(a) the offence against
subsection (1);
(b) the suspected offence in relation
to which the enforcement notice
was served.
(3) If a person is convicted of an offence
against subsection (1), the court may
order that -
(a) the person is required to carry
out, within the period specified in
the order, work specified in the
order; and
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(b) if the person does not carry out
the work within that period and
the relevant planning authority
carries out the work under
subsection (5), the person is liable
to the planning authority for the
reasonable costs incurred by the
authority in carrying out the
work.
(4) The work that may be specified in an
order under subsection (3) in relation to
an offence against subsection (1),
committed in respect of a requirement
imposed on a person by an enforcement
notice served on the person under
section 65C, is -
(a) work that the enforcement notice
required to be carried out; or
(b) work that is required to be carried
out, because a requirement
specified in the enforcement
notice was not complied with -
so as to ensure that a use or development
is in accordance with a State Policy, the
relevant planning scheme, special
planning order, permit, special permit or
determination.
(5) If a court makes an order of a kind
referred to in subsection (3) in relation
to a person and the person does not,
within the period specified in the order,
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carry out the work specified in the order,
the relevant planning authority may carry
out the work.
(6) A person, other than -
(a) an authorised officer; or
(b) the person on whom the
enforcement notice has been
served by affixing the notice to
land -
must not, without lawful authority,
damage, deface or remove an
enforcement notice that has been affixed
to land.
Penalty: Fine not exceeding 500 penalty
units.
65F. Notice of intention to cancel a permit to be
issued before permit cancelled
(1) If an authorised officer considers that
there are grounds on which a permit in
force in relation to land may be cancelled
under section 65G, the authorised officer
may issue a notice (a notice of intention
to cancel a permit) and serve it -
(a) on an owner of the land; or
(b) on an occupier of the land and the
owner of the land, if the grounds
relate to the use or development
of the land by the occupier.
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(2) A notice of intention to cancel a permit
must -
(a) be in writing; and
(b) specify that the planning
authority is proposing to cancel
the permit to which the notice
relates; and
(c) specify on which of the grounds,
referred to in section 65G, it is
proposed to cancel the permit;
and
(d) contain particulars of the grounds
on which it is proposed to cancel
the permit, which particulars give
adequate information as to why it
is proposed to cancel the permit;
and
(e) specify that representations may
be made, to an authorised officer
specified in the notice, in relation
to the proposal to cancel the
permit; and
(f) specify that the representations
may only be made in writing,
delivered to an address specified
in the notice, within the period
specified in the notice.
(3) The last day of a period specified under
subsection (2)(f) in a notice of intention
to cancel a permit must not be sooner
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than 14 business days after the notice is
served.
(4) A person on whom a notice of intention
to cancel a permit has been served may,
within the period specified under
subsection (2)(f) in the notice, make
representations in writing to an address
specified in the notice.
(5) A notice of intention to cancel a permit
in relation to a use or development of
land may, as an alternative to being
served in accordance with section 84, be
served by affixing the notice to a
building or structure on the land in a
place where a person entering the land
would be likely to see the notice.
65G. Cancellation of permits
(1) A planning authority may cancel a permit
in relation to land in the municipal area
of the authority by issuing and serving a
notice (a notice of cancellation of
permit) -
(a) on the owner of the land; or
(b) on the occupier of the land, if the
grounds on which the permit is
cancelled relate to the use or
development of the land by the
occupier.
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(2) A permit in relation to land may only be
cancelled under subsection (1) on any
one of the grounds referred to in this
section.
(3) A planning authority has grounds for
cancelling a permit in relation to land if
the authority is reasonably of the opinion
that the owner, or occupier, on whom an
enforcement notice that is in force and
relates to the land has been served under
section 65C, has failed to comply with,
or has contravened, a requirement
specified in the enforcement notice.
(4) A planning authority has grounds for
cancelling a permit if the authority is
reasonably of the opinion that -
(a) the permit would not have been
granted; or
(b) different conditions to the
conditions, if any, it imposed on
the permit would have been
imposed -
if the applicant had not made a material
misstatement of fact, or concealed
material facts, in relation to the
application for the permit.
(5) A planning authority may only cancel a
permit in relation to land if -
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(a) a notice of intention to cancel a
permit has, under section 65F,
been served on -
(i) the owner of the land; or
(ii) both the occupier and the
owner of the land, if the
occupier using or
developing the land is not
the owner of the land; and
(b) the permit is cancelled after the
end of the last day of the period
specified under section 65F(2)(f)
in the notice of intention to cancel
a permit; and
(c) the authorised officer has
considered any representations
made under section 65F(4) by the
person or persons on whom the
notice of intention to cancel a
permit was served; and
(d) the permit is to be cancelled on
the same grounds as the grounds
specified under section 65F(2)(c)
in the notice of intention to cancel
a permit.
(6) A notice of cancellation of permit issued
and served on a person must -
(a) be in writing; and
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(b) specify the permit to which the
notice relates; and
(c) specify that the permit is
cancelled by virtue of the service
of the notice; and
(d) specify the grounds, referred to in
this section, on which the permit
is cancelled; and
(e) contain particulars of the grounds
on which the permit is cancelled,
which particulars give adequate
information as to why the permit
is cancelled; and
(f) inform the person of the person's
rights under this Act to appeal
against the decision to cancel the
permit.
(7) If a notice is served under subsection (1)
on a person other than an owner of the
land to which the notice relates, the
planning authority must notify the owner
in writing of the cancellation of the
permit to which the notice relates.
65H. Issue of notices where applications made to
Tribunal
(1) If an application is made under
section 64 in relation to a contravention
of, or failure to comply with, a provision
of this Part, or a likely contravention of,
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or likely failure to comply with, a
provision of this Part, a notice under this
Division may not be issued and served on
a person in relation to the contravention
or failure until the application is
determined by the Appeal Tribunal.
(2) If -
(a) an application is made under
section 64 in relation to a
contravention of, or failure to
comply with, a provision of this
Part, or a likely contravention of,
or likely failure to comply with, a
provision of this Part; and
(b) the Appeal Tribunal makes an
order in relation to the
contravention or failure -
a notice under this Division may not be
issued and served on a person in relation
to the contravention or failure unless a
person contravenes, or fails to comply
with, the order.
(3) If the Appeal Tribunal has determined,
on an application under section 64, that a
contravention of, or failure to comply
with, a provision of this Part, or a likely
contravention of, or likely failure to
comply with, a provision of this Part, has
not occurred, a notice under this Division
may not be issued and served on a person
in relation to the contravention or failure.
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(4) If an appeal is made to the Appeal
Tribunal under section 61 in relation to a
decision to issue to a person an
enforcement notice under section 65C in
relation to a contravention of, or failure
to comply with, a provision of this Part, a
notice under this Division may not be
issued and served on the person in
relation to the contravention or failure
until the appeal is determined.
Division 4B - Authorised officers
65I. Authorised officers
(1) In this section -
general manager of a council means a
person who is appointed under
section 61 of the Local
Government Act 1993 to be the
general manager of a council.
(2) A general manager of a council may
authorise a person to be, for the purposes
of this Act, an authorised officer in
respect of the municipal area of the
council.
(3) A general manager of a council is, for the
purposes of this Act, an authorised
officer in respect of the municipal area of
the council.
(4) An authorised officer in respect of the
municipal area of a council may only
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exercise a power of an authorised officer
under this Act for the purposes of the
administration or enforcement of this Act
in relation to land within the municipal
area.
(5) A police officer is an authorised officer
for the purposes of this Act.
65J. Powers of authorised officers
(1) An authorised officer may, if reasonably
required for a purpose connected with the
administration or enforcement of this
Act, enter and inspect any place if -
(a) the occupier of the place consents
to the officer's entry; or
(b) the entry is made under a warrant
issued under section 65K; or
(c) the place is a public place and the
entry occurs when the place is
open to the public.
(2) An authorised officer may, if reasonably
required for a purpose connected with the
administration or enforcement of this
Act -
(a) take photographs, films or audio,
video or other recordings; or
(b) examine or test any air or thing
from a place or require the thing
to be examined or tested or
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provided to the officer for
examination or testing.
(3) An authorised officer may require a
person to provide to the officer a
document, or a copy of a document, in
the possession of the person, if the
document is reasonably required for a
purpose connected with the
administration or enforcement of this
Act.
(4) The documents that a person may be
required under subsection (3) to provide
include, but are not limited to including,
a document in writing that reproduces in
a comprehensible form information in the
possession of the person that is stored by
an electronic device, object or process.
(5) An authorised officer may examine, copy
or take extracts from a document
provided in accordance with a
requirement imposed under
subsection (3) or found in the conduct of
a search under this Act.
(6) An authorised officer may require a
person to provide information to the
officer that is reasonably required for a
purpose connected with the
administration or enforcement of this
Act.
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(7) An authorised officer may require a
person to answer questions in relation to
a matter.
(8) An authorised officer may only require a
person to answer questions in relation to
a matter if -
(a) the questions relate to a matter in
respect of which information is
reasonably required for a purpose
connected with the administration
or enforcement of this Act; and
(b) the officer reasonably suspects
the person may have the
information.
(9) An authorised officer may require a
person who the officer reasonably
suspects has committed, is committing,
or is about to commit, an offence against
this Act, to -
(a) state the person's full name, date
of birth and usual place of
residence; and
(b) produce evidence of the person's
identity.
65K. Entry and search warrants
(1) A magistrate may issue a warrant
authorising an authorised officer to enter
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land, and any premises on land, that is
land specified in the warrant.
(2) A magistrate may issue a warrant under
subsection (1) in relation to land, and any
premises on land, if the magistrate is
satisfied, on the application of an
authorised officer, that there are
reasonable grounds to believe -
(a) that a contravention of, or failure
to comply with, this Act has been,
is being, or is about to be,
committed on the land or the
premises; or
(b) that an object may be found, in or
on the land or the premises, that
constitutes evidence of a
contravention of, or failure to
comply with, this Act.
(3) The grounds for an application for a
warrant must be verified by affidavit.
(4) A warrant issued under subsection (1)
must specify -
(a) the offence to which the warrant
relates; and
(b) a description of the land to which
the warrant relates; and
(c) the kinds of evidential material
that are to be searched for under
the warrant; and
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(d) the name of the authorised officer
or officers who is or are to be
responsible for executing the
warrant; and
(e) the period for which the warrant
remains in force, which is not to
be more than 28 days from the
date on which the warrant is
issued; and
(f) whether the warrant may be
executed at any time or during
particular hours; and
(g) that the warrant authorises the
seizure of a thing that is referred
to in paragraph (c) or any other
thing, that is found on the land, or
premises on the land, in the
course of the search and that the
person executing the warrant
believes on reasonable grounds to
be -
(i) evidential material in
relation to an offence to
which the warrant relates;
or
(ii) evidential material in
relation to another
offence -
if the officer believes on
reasonable grounds that seizure of
the thing is necessary to prevent
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its concealment, loss or
destruction or its use in
committing an offence.
(5) An application for the issue of a warrant
may be made either personally or by
telephone.
(6) If an application for a warrant is made by
telephone -
(a) the applicant must inform the
magistrate of the applicant's
name and that the applicant is an
authorised officer; and
(b) the applicant must inform the
magistrate of the grounds on
which the applicant seeks the
warrant; and
(c) if it appears to the magistrate
from the information given by the
applicant that there are proper
grounds for the issue of a
warrant, the magistrate -
(i) must inform the applicant
of the facts on which the
magistrate relies for the
issue of a warrant; and
(ii) must not proceed to issue
the warrant unless the
applicant undertakes to
make an affidavit
verifying those facts; and
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(d) if the applicant gives the
undertaking referred to in
paragraph (c), the magistrate may
then make out and sign a warrant,
noting on the warrant the facts on
which the magistrate relies as
grounds for issue of the warrant;
and
(e) the warrant will be taken to have
been issued, and will come into
force, when signed by the
magistrate; and
(f) the magistrate must inform the
applicant of the terms of the
warrant; and
(g) the applicant must, as soon as
practicable after the issue of the
warrant, forward to the magistrate
an affidavit verifying the facts
referred to in paragraph (c).
(7) In executing a warrant -
(a) an authorised officer specified in
the warrant may obtain the
assistance that is necessary and
reasonable in the circumstances;
and
(b) an authorised officer specified in
the warrant may, if the officer is a
police officer, use the force
against persons and things that is
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necessary and reasonable in the
circumstances.
(8) An authorised officer must, as soon as
practicable after executing a warrant -
(a) prepare a notice in the prescribed
form containing -
(i) the officer's name and a
statement that he or she is
an authorised officer; and
(ii) the name of the magistrate
who issued the warrant
and the date and time of
its issue; and
(iii) a description of the place
to which the warrant
relates and of the
authority conferred by the
warrant; and
(b) give the notice to the occupier or
person apparently in charge of the
land to which the warrant relates
or leave it, on a prominent place
on the land, for the occupier or
person.
(9) A warrant expires if it has not been
executed by the end of 28 days after the
day on which it was issued.
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65L. Additional requirements where persons not
fluent, &c., in English
(1) A person is entitled to be assisted by an
interpreter or other representative during
any questioning conducted by an
authorised officer in the course of
investigating an offence against this Act,
if the person is not reasonably fluent in
English or able to comprehend spoken
English.
(2) As soon as the authorised officer
becomes aware, or ought to have become
aware, that subsection (1) applies in
relation to a person, the officer may not
question or further question the person
until the person has been informed, in a
manner that the person is likely to
comprehend, that the person has the right
to an interpreter, or another
representative, chosen by the person,
who is willing and able to assist the
person.
(3) If the person requests the assistance of an
interpreter or other representative, the
officer must not continue with the
questioning, or further questioning, until
an interpreter or other representative,
chosen by the person and willing and
able to assist the person, is present.
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65M. Obstruction, &c., of authorised officers and
others
(1) A person must not -
(a) assault, resist, impede or obstruct
an authorised officer, or a person
assisting an authorised officer
under section 65K, in the exercise
of the officer's powers, or in the
performance of the officer's
functions, under this Act; or
(b) use threatening, abusive or
insulting language to an
authorised officer, or a person
assisting an authorised officer
under section 65K, in the exercise
of the officer's powers, or in the
performance of the officer's
functions, under this Act; or
(c) fail to comply with a requirement
imposed on the person under
section 65J; or
(d) provide false or misleading
information when required to
provide information under
section 65J; or
(e) impersonate an authorised officer.
Penalty: Fine not exceeding 40 penalty
units.
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(2) If a person is convicted by a court of an
offence against subsection (1)(c) of
failing to comply with a requirement, the
court may order the person to comply
with the requirement.
34. Section 69B inserted
After section 69A of the Principal Act, the
following section is inserted in Division 5:
69B. Protection from liability in respect of certain
certificates issued by planning certifiers
(1) A planning authority does not incur any
liability for, or in respect of, anything
done, or omitted to be done, in reliance
on a planning compliance certificate, or a
permitted use or development certificate,
issued by a planning certifier.
(2) Nothing in subsection (1) is to be taken
to derogate from the requirements
imposed on a planning authority under
Part 4.
35. Part 5A inserted
After section 80A of the Principal Act, the
following Part is inserted:
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PART 5A - PLANNING CERTIFIERS
Division 1 - Authorisation of planning certifiers
80B. Transitional applicants for authorisations
(1) A person may, within 6 months after the
day on which this section commences,
apply to the Minister for approval as a
transitional applicant.
(2) The Minister, on receiving an application
under subsection (1), may, with the
approval of the Commission, approve a
person as a transitional applicant.
(3) The Minister may only approve a person
as a transitional applicant if the person
had, within the period of 5 years before
the commencement of this section, at
least 2 years' (whether or not continuous)
practical experience in the assessment of
whether uses or developments comply
with the requirements of planning
schemes or special planning orders.
80C. Authorisation of planning certifiers
(1) A person may apply to the Commission
for authorisation as a planning certifier.
(2) An application under subsection (1) is to
be -
(a) in the form, and the manner,
approved by the Commission;
and
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(b) accompanied by the prescribed
fee, if any.
(3) The Commission may require a person
who has made an application under
subsection (1) -
(a) to provide to the Commission
further information requested by
the Commission; and
(b) to verify by statutory declaration
any information supplied to the
Commission for the purposes of
the application.
(4) The Commission may authorise as a
planning certifier, or refuse to so
authorise, a person who has made an
application under subsection (1).
(5) The Commission may only authorise a
person under subsection (4) if the
Commission is satisfied that the person -
(a) is competent to issue planning
compliance certificates and
permitted use or development
certificates; and
(b) either -
(i) has the prescribed
qualifications in planning
and 2 years' (whether or
not continuous) practical
experience in the
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assessment of whether
uses or developments
comply with the
requirements of planning
schemes or special
planning orders; or
(ii) is approved as a
transitional applicant
under section 80B; and
(c) is covered, or is likely to be
covered, by insurance that relates
to the issue by the person of
planning compliance certificates
and permitted use or development
certificates and that is, in the
opinion of the Commission,
adequate; and
(d) has complied with any or all of
the requirements approved by the
Commission for the purposes of
this section; and
(e) has not made the application
during a period, declared in
accordance with section 80D(6)
in a notice given under
section 80D(2), to be a period in
which the person is disqualified
from applying for an
authorisation; and
(f) has complied with this Act and
any requirements for professional
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development, and any code of
conduct, that are prescribed under
subsection (9).
(6) An authorisation under subsection (4) is
subject to the conditions and restrictions,
if any, specified in the authorisation.
(7) A person to whom an authorisation under
subsection (4) relates must not fail to
comply with any condition or restriction
specified in the authorisation.
Penalty: Fine not exceeding 400 penalty
units.
(8) If the Commission refuses to grant an
authorisation under subsection (4), the
Commission must provide the applicant
with reasons for the refusal -
(a) within 3 months after receiving
the application under
subsection (1) to which the
authorisation relates; or
(b) if the Commission has requested
further information be provided
in relation to the application,
within 3 months after receiving
the last information requested.
(9) The regulations may provide for the
following:
(a) the duties of planning certifiers;
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(b) a code of conduct for planning
certifiers;
(c) the handling of complaints
relating to the conduct of
planning certifiers;
(d) audits to be conducted in relation
to the performance of planning
certifiers;
(e) requirements for planning
certifiers to undertake
professional development;
(f) other matters related to the
functions and powers of planning
certifiers and the issue of
planning compliance certificates
and permitted use or development
certificates.
80D. Surrender, revocation and suspension of
authorisation
(1) A person to whom an authorisation has
been issued under section 80C may
surrender the authorisation at any time.
(2) The Commission, by notice to a person
to whom an authorisation has been issued
under section 80C -
(a) may suspend the authorisation for
the period specified in the notice;
or
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(b) may revoke the authorisation
from the date on which the notice
is given or a later date specified
in the notice.
(3) The Commission may only suspend or
revoke under subsection (2) a person's
authorisation under section 80C if the
Commission considers the person is no
longer a person who may, in accordance
with section 80C(5), be authorised under
section 80C.
(4) The Commission may only suspend or
revoke under subsection (2) a person's
authorisation under section 80C if -
(a) the Commission has given to the
person a notice in writing
specifying -
(i) that the Commission is
proposing to suspend or
revoke the authorisation;
and
(ii) the reasons why the
Commission is proposing
to suspend or revoke the
authorisation; and
(iii) that the person may,
within the period of not
less than 28 days
specified in the notice,
make written submissions
to the Commission in
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relation to the proposal;
and
(b) the Commission has considered
any submissions that are made by
the person within the period
specified in the notice in
accordance with paragraph (a)(iii)
and that have not been withdrawn
by the person; and
(c) the period specified in the notice
in accordance with
paragraph (a)(iii) has expired.
(5) The Commission must specify, in the
notice under subsection (2) of the
suspension or revocation of a person's
authorisation under section 80C -
(a) the reasons for the revocation or
suspension; and
(b) the person's right of appeal under
subsection (8).
(6) If the Commission revokes under
subsection (2) the authorisation of a
person, the Commission may, in the
notice under subsection (2), declare that
the person is, during the period specified
in the notice, disqualified from applying
for authorisation under section 80C.
(7) The Commission, by written notice to a
person, may withdraw a suspension or
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revocation of the person's authorisation
under section 80C.
(8) A person who is not satisfied with a
decision of the Commission under this
section in relation to the person may
apply to the Magistrates Court
(Administrative Appeals Division) for a
review of the decision.
(9) If, for any period, a person who is
authorised under section 80C is not
covered by insurance that relates to the
issue by the person of planning
compliance certificates or permitted use
or development certificates, the person's
authorisation is suspended for that
period.
80E. Variation and revocation of conditions and
restrictions specified on authorisations
(1) The Commission, by notice to a person
to whom an authorisation has been issued
under section 80C -
(a) may specify in the authorisation a
condition or restriction; or
(b) may vary a condition or
restriction specified in the
authorisation.
(2) The Commission may, under
subsection (1), only specify a condition
or restriction in, or vary a condition or
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restriction specified in, an authorisation
issued under section 80C to a person, if -
(a) the Commission has given a
notice in writing to the person
specifying -
(i) that the Commission is
proposing to specify or
vary the condition or
restriction; and
(ii) the reasons why the
Commission is proposing
to specify or vary the
condition or restriction;
and
(iii) that the person may,
within the period of not
less than 28 days
specified in the notice,
make written submissions
in relation to the proposal;
and
(b) the Commission has considered
any submissions that have been
made by the person within the
period specified in the notice in
accordance with paragraph (a)(iii)
and that have not been withdrawn
by the person; and
(c) the period specified in the notice
in accordance with
paragraph (a)(iii) has expired.
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(3) The Commission must specify in the
notice under subsection (1) of the
specification, or variation of a condition
or restriction, in a person's authorisation
under section 80C -
(a) the reasons for the specification
or variation; and
(b) the person's right of appeal under
subsection (7).
(4) A person who is authorised under
section 80C may apply to the
Commission for a revocation or variation
of a condition or restriction specified in
the authorisation.
(5) The Commission, after receiving an
application under subsection (4) from a
person to whom an authorisation is
issued under section 80C, may, by notice
to the person, revoke or vary, or refuse to
revoke or vary, a condition or restriction
specified in the person's authorisation.
(6) The Commission must specify in a notice
under subsection (5) of a refusal to
revoke or vary a condition or restriction -
(a) the reasons for the refusal; and
(b) the person's right of appeal under
subsection (7).
(7) A person who is not satisfied with a
decision of the Commission under this
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section in relation to the person may
apply to the Magistrates Court
(Administrative Appeals Division) for a
review of the decision.
80F. Planning certifier must not issue false
statement or act if conflict of duty
(1) A planning certifier must not issue -
(a) a planning compliance certificate;
or
(b) a water and sewerage certificate;
or
(c) a permitted use or development
certificate -
that the planning certifier knows, or
ought reasonably be expected to know,
contains a statement that is false or
misleading in a material particular.
Penalty: Fine not exceeding 100 penalty
units.
(2) A planning certifier must not issue a
planning compliance certificate, or a
permitted use or development certificate,
if the planning certifier has a direct or
indirect pecuniary interest -
(a) in the person who has applied for
the certificate to be issued; or
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(b) in the development, or use, to
which the application for the
certificate relates; or
(c) in any person associated with the
development, or use, to which the
application for the certificate
relates.
Penalty: Fine not exceeding 100 penalty
units.
80G. Change of, or referral to, other planning
certifiers
(1) A person must not engage a planning
certifier to exercise a power relating to
the issue of a planning compliance
certificate, or a permitted use or
development certificate, in respect of a
use or development in respect of which
another planning certifier has already
exercised, refused to exercise or is taken
to have refused to exercise, the power to
issue such a certificate, unless the matter
was referred by that other planning
certifier.
Penalty: In the case of -
(a) a natural person, a fine
not exceeding 100 penalty
units; or
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(b) a body corporate, a fine
not exceeding 500 penalty
units.
(2) A planning certifier may refer a matter to
another planning certifier to be dealt with
by that other planning certifier, if the
other planning certifier agrees.
(3) A person who engaged a planning
certifier must not remove that planning
certifier from that engagement without
the consent of the Commission, given
before the planning certifier has
determined to issue, or to refuse to issue,
a planning compliance certificate or a
permitted use or development certificate.
Penalty: In the case of -
(a) a natural person, a fine
not exceeding 100 penalty
units; or
(b) a body corporate, a fine
not exceeding 500 penalty
units.
(4) If a planning certifier resigns from an
engagement, dies or becomes incapable
for any reason of exercising a power,
relating to the issue of a planning
compliance certificate, or a permitted use
or development certificate, for which he
or she was engaged, the person who
engaged the planning certifier may, with
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the consent of the Commission, engage
another planning certifier.
Division 2 - Rights and duties in relation to planning
certifiers
80H. Planning certifier may charge for services
A planning certifier may charge a person,
who makes an application for a planning
compliance certificate, a permitted use or
development certificate or a water and
sewerage certificate, any amount the
planning certifier thinks fit in relation to
the application.
80I. Information to be provided to planning
authorities
(1) If an application is made to a planning
certifier for the issue of a planning
compliance certificate or a permitted use
or development certificate, the planning
certifier must -
(a) as soon as practicable after the
application is made, notify the
planning authority in respect of
the land to which the application
relates of the identity of the
person making the application
and the development and use to
which the application relates; and
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(b) as soon as practicable after
deciding to refuse, or not to
proceed, to issue such a
certificate in relation to the
development or the use, notify of
the decision the planning
authority in respect of the land to
which the application relates.
Penalty: Fine not exceeding 20 penalty
units.
(2) A planning certifier, within 14 days after
issuing a planning compliance certificate,
must provide to the planning authority in
respect of the land to which the
certificate relates -
(a) a copy of the certificate; and
(b) any information or documents
relied on by the person in issuing
the certificate.
Penalty: Fine not exceeding 20 penalty
units.
36. Part 6, Division 1 inserted
Before section 81 of the Principal Act, the
following Division is inserted in Part 6:
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Division 1 - Electronic database and documents
80J. Interpretation of Division 1
In this Division -
authorised version, in relation to -
(a) an electronic planning
instrument, means a
version of the instrument
that is an authorised
version under
section 80M(1); and
(b) an electronic policy
instrument, means a
version of the instrument
that is an authorised
version under
section 80M(3);
database means the database
established under section 80K;
electronic planning instrument has
the meaning it has in
section 80K(2);
electronic planning map, in relation to
an authorised version of an
electronic planning instrument, or
electronic policy instrument, at a
particular date, means an
electronic map in relation to the
version, consisting of the
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following electronic layers as at
the particular date:
(a) the electronic zoning
map;
(b) a layer of cadastral data,
on the LIST database, that
relates to the area to
which the electronic
zoning map relates;
(c) a layer of topographic
data, on the LIST
database, that relates to
the area to which the
electronic zoning map
relates;
electronic policy instrument means
any of the following documents
that are included on the database
under section 80K(4):
(a) a State Policy;
(b) a planning directive;
(c) a regional land use
strategy;
(d) any prescribed planning
policy document;
electronic zoning map means an
electronic version, of a zoning
map, that is kept on the database;
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LIST database means a database
maintained by the Land
Information System Tasmania;
planning markings, in relation to a
map, means the markings on the
map that indicate different zones
or other planning requirements
and includes any key, attribute
table, or metadata, that is
associated with the map and is
necessary to interpret the map;
prescribed planning policy document
means a document of a class of
documents that is prescribed for
the purposes of
section 80K(4)(d);
zoning map means the planning
markings contained on a map.
80K. Database
(1) The Commission must establish and
maintain a database containing the
legislative history of the electronic
planning instruments.
(2) For the purposes of this Division, the
electronic planning instruments are -
(a) each interim planning scheme,
declared under section 30F and
prescribed for the purposes of this
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section, as in force from time to
time; and
(b) each planning scheme, made
under section 30N and prescribed
for the purposes of this section, as
in force from time to time; and
(c) each planning scheme, approved
under section 29 after the day on
which this section commences
and prescribed for the purposes of
this section, as in force from time
to time; and
(d) each special planning order, made
under section 47 after the day on
which this section commences
and prescribed for the purposes of
this section, as in force from time
to time; and
(e) each dispensation, as in force
from time to time, from a
provision of an interim planning
scheme, declared under
section 30F, that is a scheme
prescribed for the purposes of this
section.
(3) For the purposes of subsection (1), the
legislative history of an electronic
planning instrument is -
(a) a version of the instrument
showing the instrument as it was
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at the date when it came into
force; and
(b) a subsequent version of the
electronic planning instrument,
for each period when the
electronic planning instrument
differs from a previous version of
the instrument because the
subsequent version incorporates -
(i) an amendment, if any, as
in force during the period,
made under Part 3 to the
instrument; or
(ii) an alteration, if any, as in
force during the period,
made under section 80O
to the instrument -
that was an amendment or
alteration that was not in force in
the period in which the previous
version was in force.
(4) The Commission may include on the
database the legislative history of the
following documents, as in force from
time to time:
(a) State Policies;
(b) planning directives;
(c) regional land use strategies;
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(d) any other document of a
legislative or policy character that
is a member of a class of
documents that is prescribed for
the purposes of this paragraph.
(5) For the purposes of subsection (1), the
legislative history of an electronic policy
instrument is -
(a) a version of the electronic policy
instrument showing the
instrument as it was at the date
when it came into force; and
(b) a subsequent version of the
electronic policy instrument, for
each period when the electronic
policy instrument differs from a
previous version of the
instrument because the
subsequent instrument
incorporates -
(i) in the case of a planning
directive or regional land
use strategy - an
amendment, as in force
during the period, made
under this Act; or
(ii) in the case of a State
Policy or any prescribed
planning policy document
- an amendment, as in
force during the period,
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made by the person or
body that made the State
Policy or document -
that was an amendment that was
not in force in the period in which
the previous version was in force.
(6) The Commission is to be taken to comply
with subsection (1) in relation to a map
(the original map) forming part of a
planning scheme, special planning order
or dispensation, as in force at any time, if
the Commission establishes and
maintains, as part of the database, an
electronic zoning map that replicates the
planning markings on the original map,
as in force at that time, whether or not
the Commission also establishes and
maintains, as part of the database, a map
that exactly replicates the original map in
other respects apart from the planning
markings on the original map.
(7) The Minister, by notice, may prescribe
for the purposes of this section -
(a) an interim planning scheme
declared under section 30F; and
(b) a planning scheme made under
section 30N; and
(c) a planning scheme approved
under section 29 after the day on
which this section commences;
and
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(d) a special planning order made
under section 47 after the day on
which this section commences.
80L. Back-up database to be kept
(1) The Commission must produce, or cause
to be produced, copies of the database in
electronic form and cause those copies to
be held securely in a place separate from
the place at which the database is held.
(2) Copies of the database produced under
subsection (1) are to be treated for all
purposes as if they were the database.
80M. Authorised versions
(1) If a version of an electronic planning
instrument that is on the database
specifies that it is the authorised version
of a planning scheme, special planning
order or dispensation at a particular date,
the version on the database (together
with any electronic planning map in
relation to the version) is to be taken to
be, for the purposes of this Act, the
authorised version of that planning
scheme, special planning order, or
dispensation, as in force at that date.
(2) The authorised version of a planning
scheme, special planning order or
dispensation at a particular date is to be
taken to be, in all circumstances and for
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all purposes, the planning scheme,
special planning order, or dispensation,
as in force at that date.
(3) If a version of an electronic policy
instrument that is on the database
specifies that it is the authorised version
of a State Policy, planning directive,
regional land use strategy, or prescribed
planning policy document, at a particular
date, the version on the database
(together with any electronic planning
map in relation to the version) is to be
taken to be, for the purposes of this Act,
the authorised version of that Policy,
directive, strategy or document at that
date.
(4) The authorised version of a State Policy,
planning directive, regional land use
strategy, or prescribed planning policy
document, at a particular date is to be
taken to be, in all circumstances and for
all purposes, the Policy, directive,
strategy or document as in force at that
particular date.
80N. Certified copies of authorised versions
(1) The Commission may approve the
production of copies, in electronic or
printed form, of -
(a) an authorised version of an
electronic planning instrument, or
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of an electronic policy
instrument, at a particular date; or
(b) selected provisions of an
authorised version of an
electronic planning instrument, or
selected provisions of a version
of an electronic policy
instrument, at a particular date.
(2) A copy of an authorised version of an
electronic planning instrument that is
produced in accordance with an approval
under subsection (1) is to include a
certificate, displaying the signature of the
Executive Commissioner, indicating
that -
(a) the copy is a copy of the
authorised version of the
electronic planning instrument at
the particular date specified in the
certificate; and
(b) the electronic planning
instrument incorporates -
(i) all amendments, if any, as
in force at the particular
date specified in the
certificate, made under
Part 3 to the instrument;
and
(ii) all alterations, if any, as at
the particular date
specified in the certificate,
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made under section 80O
to the instrument.
(3) A copy of selected provisions of an
authorised version of an electronic
planning instrument that is produced in
accordance with an approval under
subsection (1) is to include a certificate,
displaying the signature of the Executive
Commissioner, indicating that -
(a) the copy is a copy of the selected
provisions of the authorised
version at the particular date
specified in the certificate; and
(b) the copy of the selected
provisions incorporates -
(i) all amendments, if any, as
in force at the particular
date specified in the
certificate, made under
Part 3 to the instrument;
and
(ii) all alterations, if any, as at
the particular date
specified in the certificate,
made under section 80O
to the instrument.
(4) A copy of an authorised version of an
electronic policy instrument that is
produced in accordance with an approval
under subsection (1) is to include a
certificate, displaying the signature of the
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Executive Commissioner, indicating
that -
(a) the copy is a copy of the
authorised version of the
electronic policy instrument at the
particular date specified in the
certificate; and
(b) the electronic policy instrument
incorporates all amendments, if
any, as in force at the particular
date specified in the certificate,
made to the selected provisions -
(i) in the case of a planning
directive or regional land
use strategy - under this
Act; or
(ii) in the case of a State
Policy or a prescribed
planning policy document
- by the person or body
that made the State Policy
or document.
(5) A copy of selected provisions of an
authorised version of an electronic policy
instrument that is produced in accordance
with an approval under subsection (1) is
to include a certificate, displaying the
signature of the Executive
Commissioner, indicating that -
(a) the copy is a copy of the selected
provisions of the authorised
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version of the selected provisions
at the particular date specified in
the certificate; and
(b) the copy of the selected
provisions incorporates all
amendments, if any, as in force at
the particular date specified in the
certificate, made to the selected
provisions of the authorised
version -
(i) in the case of a planning
directive or regional land
use strategy - under this
Act; or
(ii) in the case of a State
Policy or a prescribed
planning policy document
- by the person or body
that made the State Policy
or the document.
(6) The Executive Commissioner may
charge a person a fee for the provision to
the person of a copy under this section.
(7) A copy (the first copy) of an authorised
version of an electronic planning
instrument or an electronic policy
instrument, at a particular date, that is
provided under this section is not to be
taken to be materially different from
another copy (the second copy) of the
authorised version, as at the same date,
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provided under this section, by reason
only that the first copy contains a copy,
of an electronic planning map, that
displays different information from that
displayed in the second copy, because of
the scale at which the map is reproduced.
80O. Commission may alter authorised versions
of electronic planning instruments
(1) The Commission may alter an authorised
version of an electronic planning
instrument -
(a) so as to correct an error in the
version as to spelling,
punctuation, order of provisions,
cross-referencing, numbering,
format or printing; or
(b) so as to make references to one
gender include references to the
other gender; or
(c) so as to replace a reference in the
scheme to a body, office, person,
place or thing with a reference to
another body, office, person,
place or thing that has replaced
the body, office, person, place or
thing; or
(d) so as to leave out from the
version any provision that is
spent, has expired or has
otherwise ceased to have effect or
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that is a provision of a saving,
transitional or validating nature
that only applies to a time or
event that has passed.
(2) The Commission may authorise the
alteration of an electronic zoning map
forming part of an authorised version of
an electronic planning instrument or an
authorised version of an electronic policy
instrument, so as to -
(a) maintain alignment between that
map and a layer of cadastral data
on the LIST database, a layer of
topographic data on the LIST
database or another layer of data
on the LIST database; or
(b) modify the technical
characteristics of the map, such as
attribute tables and metadata,
providing that the planning
markings are not altered (except
in so far as paragraph (a) applies);
or
(c) correct errors arising from the
electronic characteristics of the
electronic planning map,
including gaps in data or overlaps
in data; or
(d) improve the clarity of the
electronic planning map,
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including by altering any colours
or symbols used on the map.
(3) Unless the planning scheme or special
planning order indicates a contrary
intention, an alteration under this section
to planning markings consisting of -
(a) a zone boundary set out in an
electronic zoning map; or
(b) any other line, that -
(i) is set out in an electronic
zoning map; and
(ii) separates an area, to
which provisions of the
planning scheme or
special planning order are
to have a particular effect,
from another area in
relation to which
provisions of the scheme
or order are to have a
different effect -
is to be such that the zone boundary or
other line follows the boundaries of
parcels of land as shown on a layer of
cadastral data on the LIST database.
80P. Offences
(1) A person must not falsely include in a
document, that purports to be a copy of -
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(a) an authorised version of an
electronic planning instrument or
of an electronic policy
instrument; or
(b) selected provisions of such an
authorised version -
a certificate that purports to be a
certificate under section 80N.
Penalty: Fine not exceeding 100 penalty
units.
(2) A person must not falsely represent that a
document is a copy of -
(a) an authorised version of an
electronic planning instrument; or
(b) an authorised version of an
electronic policy instrument -
that has been produced by the
Commission under section 80N.
Penalty: Fine not exceeding 100 penalty
units.
(3) A person must not falsely represent that a
document is a copy of -
(a) an authorised version of an
electronic planning instrument; or
(b) an authorised version of an
electronic policy instrument.
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Penalty: Fine not exceeding 100 penalty
units.
80Q. Documents, submissions, &c., may be issued
or made electronically
(1) A relevant person (the receiver), by
notice to another relevant person (the
sender), may advise the sender of an
electronic method by which a relevant
document, required or permitted to be
given under this Act to the receiver by
the sender, may be given to the receiver
by the sender.
(2) If under this Act a relevant document is
required or permitted to be given to a
relevant person (the receiver) by another
relevant person (the sender), the
document may be given by the sender by
an electronic method that is specified by
the receiver in a notice to the sender
under subsection (1).
(3) A relevant person may specify on a
website of the relevant person an
electronic method by which a submission
in relation to a matter may be made to the
relevant person by another person.
(4) If under this Act a submission in relation
to a matter may be given to a relevant
person by another person, the submission
may be made to the relevant person by
the other person by transmitting the
submission by an electronic method
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specified in relation to the matter under
subsection (3) by the relevant person.
(5) A reference in this section to the giving
of a relevant document includes a
reference to the issuing, provision or
service, or other means of delivery, of the
document.
(6) If a relevant document, referred to in a
provision of this Act, may be given by a
person in accordance with this section, a
reference in a provision of this Act to a
signature of a person on the document is
to be taken to include a reference to an
electronic signature, of the person, on the
document.
(7) In this section -
relevant document means -
(a) a notice (including a
notice in writing and a
planning purposes notice),
direction (including a
direction in writing),
declaration and invitation;
and
(b) a draft planning scheme,
draft interim planning
scheme, planning scheme,
interim planning scheme,
draft amendment to a
planning scheme and a
draft amendment to an
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interim planning scheme;
and
(c) a permit, a special
planning permit and a
dispensation; and
(d) a statement, submission,
recommendation,
modification,
requirement, application,
approval, report and any
other document (including
a document specified in a
provision of this Act to be
a document in writing);
relevant person means -
(a) the Minister; and
(b) the Commission; and
(c) a planning authority.
37. Part 6, Division 2: Heading inserted
Part 6 of the Principal Act is amended by
inserting the following heading before section
81:
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Division 2 - Other matters
38. Section 81A amended (Planning schemes, &c., to be
registered in Central Plan Register)
Section 81A of the Principal Act is amended by
inserting "(other than a planning scheme, or
special planning order, prescribed for the
purpose of section 80K)" after "a special
planning order".
39. Section 82 substituted
Section 82 of the Principal Act is repealed and
the following section is substituted:
82. Evidentiary provision
(1) Evidence of -
(a) a planning scheme (other than a
planning scheme prescribed for
the purpose of section 80K); or
(b) a special planning order (other
than a special planning order
prescribed for the purpose of
section 80K); or
(c) a permit or a special permit; or
(d) a dispensation from a provision
of an interim planning scheme
(other than a scheme that is
prescribed for the purpose of
section 80K) -
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may be given in any court or tribunal, or
before any person acting judicially, by
the production of a document purporting
to be a copy of the planning scheme,
special planning order, permit or special
permit and purporting to be certified as a
true copy by a person authorised, in
writing, by the Commission or planning
authority, as the case may require.
(2) Evidence of the provisions of -
(a) a planning scheme, or special
planning order, prescribed for the
purpose of section 80K; or
(b) a dispensation from a provision
of an interim planning scheme
that is prescribed for the purpose
of section 80K; or
(c) an electronic planning policy
instrument within the meaning of
section 80J -
may be given in any court or tribunal, or
before any person acting judicially, by
the production of a copy, of the
provisions of the scheme, order,
dispensation, or electronic policy
instrument, produced under section 80N.
40. Section 85A inserted
After section 85 of the Principal Act, the
following section is inserted in Division 2:
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85A. Immunity from liability
(1) An authorised officer, or a person
assisting an authorised officer under
section 65K, is not personally liable in
respect of any act done or omitted to be
done by the officer or person in good
faith in the performance or exercise, or
purported performance or exercise, of a
function or power of an authorised
officer under this Act.
(2) A member of a planning authority is not
personally liable in respect of any act
done or omitted to be done by the
planning authority in good faith in the
performance or exercise, or purported
performance or exercise, of a function or
power of a planning authority under this
Act.
(3) Nothing in subsection (1) or (2)
precludes the Crown or a planning
authority from incurring liability that an
authorised officer, a person assisting an
authorised officer under section 65K or a
member of a planning authority would
otherwise incur.
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PART 4 - CONCLUDING PROVISION
41. 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 159