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TASMANIA
__________
LAND USE PLANNING AND APPROVALS
AMENDMENT (HISTORIC CULTURAL
HERITAGE) BILL 2012
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 54 amended (Additional information)
5. Section 57 amended (Applications for discretionary permits)
6. Section 58 amended (Application for other permits)
7. Section 59 amended (Failure to determine an application for a
permit)
8. Repeal of Act
[Bill 34]-III
2
LAND USE PLANNING AND APPROVALS
AMENDMENT (HISTORIC CULTURAL
HERITAGE) BILL 2012
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
25 September 2012
(Brought in by the Minister for Environment, Parks and
Heritage, the Honourable Brian Neal Wightman)
A BILL FOR
An Act to amend the Land Use Planning and Approvals Act
1993 consequent on the enactment of the Historic Cultural
Heritage Amendment Act 2012
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Land Use Planning
and Approvals Amendment (Historic Cultural
Heritage) Act 2012.
2. Commencement
This Act commences on the day on which the
Historic Cultural Heritage Amendment Act 2012
commences.
THIS BILL IS COGNATE WITH THE HISTORIC CULTURAL HERITAGE AMENDMENT BILL
2012
[Bill 34] 3
Land Use Planning and Approvals Amendment (Historic
Cultural Heritage) Act 2012
Act No. of
s. 3
3. Principal Act
In this Act, the Land Use Planning and
Approvals Act 1993* is referred to as the
Principal Act.
4. Section 54 amended (Additional information)
Section 54 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "period"
and substituting "relevant period";
(b) by omitting from subsection (2) ",
whichever is applicable,";
(c) by omitting from subsection (2A)(b) "the
authority" and substituting "the planning
authority";
(d) by omitting from subsection (2A)
"period" first occurring and substituting
"relevant period".
5. Section 57 amended (Applications for discretionary
permits)
Section 57 of the Principal Act is amended as
follows:
*No. 70 of 1993
4
Land Use Planning and Approvals Amendment (Historic Cultural
Heritage) Act 2012
Act No. of
s. 5
(a) by omitting paragraph (b) from
subsection (6) and substituting the
following paragraph:
(b) not later than -
(i) in a case where the
Heritage Council has not,
under section 39(3) of the
Historic Cultural
Heritage Act 1995,
required extra time to
consider the application,
on the expiration of the
period of 42 days from
the day on which the
planning authority
received the application
or such further period as
is agreed, in writing, by
the planning authority and
the applicant before the
expiration of that 42-day
period; or
(ii) in a case where the
Heritage Council has,
under section 39(3) of the
Historic Cultural
Heritage Act 1995,
required extra time to
consider the application,
on the expiration of the
period of 56 days from
the day on which the
5
Land Use Planning and Approvals Amendment (Historic
Cultural Heritage) Act 2012
Act No. of
s. 6
planning authority
received the application
or such further period as
is agreed, in writing, by
the planning authority and
the applicant before the
expiration of that 56-day
period.
(b) by omitting from subsection (6A)
"subsection (6)(b)" and substituting
"subsection (6)(b)(i) or (ii)".
6. Section 58 amended (Application for other permits)
Section 58(2) of the Principal Act is amended as
follows:
(a) by inserting "planning" after "on which
the";
(b) by inserting "planning" after "by the".
7. Section 59 amended (Failure to determine an
application for a permit)
Section 59 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "section
57(6)(b)" and substituting
"section 57(6)(b)(i) or (ii)";
(b) by inserting in subsection (2) "planning"
after "Tribunal, the";
6
Land Use Planning and Approvals Amendment (Historic Cultural
Heritage) Act 2012
Act No. of
s. 7
(c) by omitting from subsection (2) "section
57(6)(b)" and substituting
"section 57(6)(b)(i) or (ii)";
(d) by inserting the following paragraph after
paragraph (a) in subsection (2):
(ab) if the Heritage Council has
notified the planning authority
under section 36(3)(b) of the
Historic Cultural Heritage Act
1995 that it wishes to be involved
in the determination of the
application, on the Heritage
Council; and
(e) by omitting from subsection (3) "section
57(6)(b)" and substituting
"section 57(6)(b)(i) or (ii)";
(f) by inserting in subsection (3A) "and, if
the Heritage Council by reason of section
45(5) of the Historic Cultural Heritage
Act 1995 is joined as a respondent to the
application, the Heritage Council" after
"authority";
(g) by omitting from subsection (4)(c)
"applies," and substituting "applies or is
taken to apply,".
7
Land Use Planning and Approvals Amendment (Historic
Cultural Heritage) Act 2012
Act No. of
s. 8
8. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which this Act
commences.
8 Government Printer, Tasmania