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TASMANIA
__________
MARINE FARMING PLANNING AMENDMENT
BILL 2011
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 23 amended (Environmental impact statement)
5. Section 33 substituted
33. Request for amendment of marine farming
development plan
6. Section 34 amended (Amendment of marine farming
development plan)
7. Section 35 amended (Certification of draft amendment)
8. Section 36 amended (Withdrawal of draft amendment)
9. Section 39 amended (Representations in respect of draft
amendment)
10. Sections 41 and 42 substituted
41. Consideration by Panel of draft amendment, &c.
41A. Recommendation of Panel on draft amendment
42. Final approval or refusal of draft amendment
11. Section 52 amended (Participation in allocation process)
12. Section 53 amended (Method for allocation of lease)
13. Section 95 amended (Appeals against amendments and grants)
14. Repeal of Act
[Bill 75]-II
2
MARINE FARMING PLANNING AMENDMENT
BILL 2011
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 November 2011
(Brought in by the Minister for Primary Industries and Water,
the Honourable Bryan Alexander Green)
A BILL FOR
An Act to amend the Marine Farming Planning Act 1995
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 Marine Farming
Planning Amendment Act 2011.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 75] 3
Marine Farming Planning Amendment Act 2011
Act No. of
s. 3
3. Principal Act
In this Act, the Marine Farming Planning Act
1995* is referred to as the Principal Act.
4. Section 23 amended (Environmental impact
statement)
Section 23(1) of the Principal Act is amended by
omitting "plan to a draft plan." and substituting
"plan.".
5. Section 33 substituted
Section 33 of the Principal Act is repealed and
the following section is substituted:
33. Request for amendment of marine farming
development plan
(1) Once a marine farming development plan
has been in operation for at least 2 years,
a person ("applicant") may request that it
be amended.
(2) The request is to be made to the planning
authority in a form approved by that
authority.
(3) Within 35 days after receiving the
request or any longer period the Panel
allows, the planning authority must make
*No. 31 of 1995
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Marine Farming Planning Amendment Act 2011
Act No. of
s. 5
a recommendation to the Panel as to
whether the amendment should be made.
(4) After considering the recommendation
under subsection (3), the Panel may -
(a) approve the making of the
amendment; or
(b) refuse to approve the making of
the amendment.
(5) As soon as practicable after making a
decision under subsection (4)(a), the
Panel must seek the Minister's approval
to direct the planning authority to prepare
the draft amendment.
(6) If subsection (4)(a) applies and the
Minister gives the approval sought under
subsection (5), then, as soon as
practicable after obtaining that approval,
the Panel must -
(a) direct the planning authority, in
writing, to prepare the draft
amendment; and
(b) serve notice of the approval and
the direction on the applicant.
(7) If subsection (4)(a) applies but the
Minister refuses to give the approval
sought under subsection (5), then, as
soon as practicable after being informed
of that refusal, the Panel must serve
notice of that refusal on the applicant.
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Marine Farming Planning Amendment Act 2011
Act No. of
s. 6
(8) If subsection (4)(b) applies, then, as soon
as practicable after making its decision,
the Panel must serve notice of the refusal
and the reasons for the refusal on the
applicant.
(9) If -
(a) subsection (4)(b) applies; or
(b) subsection (4)(a) applies but the
Minister refuses to give the
approval sought under
subsection (5) -
the planning authority must not, in the 2-
year period immediately following the
date of the relevant refusal, consider or
action any request for the making of a
substantially similar amendment to the
same marine farming development plan.
6. Section 34 amended (Amendment of marine
farming development plan)
Section 34 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "The
Panel may decide" and substituting
"Notwithstanding section 33, the Panel
may at any time decide";
(b) by omitting subsection (2) and
substituting the following subsections:
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Marine Farming Planning Amendment Act 2011
Act No. of
s. 7
(2) On making a decision under
subsection (1), the Panel may
direct the planning authority, in
writing, to prepare the draft
amendment.
(3) However, if subsection (1)(a) or
(b) applies, the direction may be
given only with the Minister's
prior approval.
7. Section 35 amended (Certification of draft
amendment)
Section 35 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) Within 10 weeks after being
given a direction under
section 33(6)(a) or section 34(2)
or any longer period the Panel
allows, the planning authority
must prepare a draft amendment
and, unless it is withdrawn
pursuant to section 36, submit it
to the Panel.
(b) by omitting subparagraph (i) from
subsection (2)(b) and substituting the
following subparagraph:
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Marine Farming Planning Amendment Act 2011
Act No. of
s. 8
(i) must alter it as the Panel
considers necessary or expedient
and then refer it to the Minister
for approval for the draft
amendment, as so altered, to be
publicly exhibited; or
8. Section 36 amended (Withdrawal of draft
amendment)
Section 36(1) of the Principal Act is amended by
inserting ", with the Minister's approval," after
"Panel".
9. Section 39 amended (Representations in respect of
draft amendment)
Section 39(2) of the Principal Act is amended by
omitting paragraph (e) and substituting the
following paragraph:
(e) is to be lodged by the date and at the
place specified pursuant to
section 38(2)(b)(vi) and (vii).
10. Sections 41 and 42 substituted
Sections 41 and 42 of the Principal Act are
repealed and the following sections are
substituted:
8
Marine Farming Planning Amendment Act 2011
Act No. of
s. 10
41. Consideration by Panel of draft amendment,
&c.
(1) As soon as practicable after it receives a
report under section 40 or a referral
under section 42(3)(b) in relation to a
draft amendment, the Panel must, as the
case requires -
(a) consider the draft amendment and
report; or
(b) reconsider the referred draft
amendment and the concerns
indicated by the Minister.
(2) After complying with subsection (1), the
Panel must make a determination to -
(a) recommend to the Minister that
the draft amendment be accepted
without change; or
(b) modify the draft amendment; or
(c) direct the planning authority to
modify the draft amendment; or
(d) recommend to the Minister that
the draft amendment be rejected.
(3) If subsection (2)(b) applies, the Panel
must -
(a) modify the draft amendment; and
(b) notify the planning authority in
writing of its determination and
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Marine Farming Planning Amendment Act 2011
Act No. of
s. 10
the reasons for making it, and of
the modification.
(4) If subsection (2)(c) applies, the Panel
must -
(a) notify the planning authority in
writing of its determination and
the reasons for making it, and of
the required modification; and
(b) by the same notification, direct
the planning authority to make
the required modification.
(5) The provisions of this Division, other
than sections 33 and 34, apply in relation
to the modification of a draft amendment
as if it were a draft amendment.
41A. Recommendation of Panel on draft
amendment
(1) On making a determination under
section 41(2)(a) or (d), the Panel must
notify the Minister in writing of the
relevant recommendation.
(2) The Panel must give the notification
under subsection (1) not later than -
(a) 3 months after receipt of the
relevant report under section 40;
or
(b) any later day the Minister
approves.
10
Marine Farming Planning Amendment Act 2011
Act No. of
s. 10
42. Final approval or refusal of draft
amendment
(1) After considering a notification under
section 41A(1) in respect of a draft
amendment, the Minister may -
(a) give final approval to the draft
amendment; or
(b) give final approval to the draft
amendment subject to such
alterations as the Minister, on his
or her own motion, considers
necessary or expedient; or
(c) refuse to give final approval to
the draft amendment.
(2) For the purposes of exercising his or her
power under subsection (1), the Minister
may at any time seek further information
from the Board, Panel or planning
authority.
(3) If the Minister refuses to give final
approval to the draft amendment, the
Minister may, as the circumstances
require -
(a) advise the Panel and the planning
authority that he or she has
accepted the Panel's
recommendation to reject the
draft amendment; or
11
Marine Farming Planning Amendment Act 2011
Act No. of
s. 10
(b) refer the draft amendment back to
the Panel, indicating any
concerns the Minister has with
the draft amendment.
(4) If the Minister gives final approval to the
draft amendment -
(a) the Minister must advise the
Panel and the planning authority
of the final approval and, if
subsection (1)(b) applies, the
relevant alterations; and
(b) as soon as practicable after
receiving the advice under
paragraph (a), the planning
authority, by public notice, must
advertise the final approval and,
if subsection (1)(b) applies, the
relevant alterations.
(5) The Minister may give final approval to
the draft amendment by -
(a) signing the draft amendment
(after incorporating any
alterations made under
subsection (1)(b)) and notating
the approval on the relevant
marine farming development
plan; or
(b) signing a replacement marine
farming development plan.
12
Marine Farming Planning Amendment Act 2011
Act No. of
s. 11
(6) If the Minister gives final approval to the
draft amendment -
(a) the amendment as so approved
prevails over an existing marine
farming development plan to the
extent of any inconsistency; and
(b) a marine farming development
plan replaced by the amendment
as so approved ceases to have
effect on the signing, by the
Minister, of the replacement
marine farming development
plan.
11. Section 52 amended (Participation in allocation
process)
Section 52 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsections:
(1) If a marine farming zone is
designated under a privately
prepared draft plan or as a result
of a privately requested
amendment to a marine farming
development plan, the Minister
may -
(a) invite the relevant person
to apply for a lease in
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Marine Farming Planning Amendment Act 2011
Act No. of
s. 11
respect of the marine
farming zone; or
(b) seek the advice of the
Board as to -
(i) the persons or
class of persons
who should
participate in the
process leading to
the allocation of a
lease in respect of
the marine
farming zone; and
(ii) whether the
process referred to
in
subparagraph (i) is
one in which a
person holding a
certificate of
preference may
participate.
(1A) If a marine farming zone is
designated otherwise than -
(a) under a privately prepared
draft plan; or
(b) as a result of a privately
requested amendment to a
marine farming
development plan -
14
Marine Farming Planning Amendment Act 2011
Act No. of
s. 11
the Minister is to seek the advice
of the Board as to -
(c) the persons or class of
persons who should
participate in the process
leading to the allocation
of a lease in respect of the
marine farming zone; and
(d) whether the process
referred to in
paragraph (c) is one in
which a person holding a
certificate of preference
may participate.
(b) by omitting subsections (2) and (3);
(c) by inserting the following subsection
after subsection (6):
(7) In this section -
"privately prepared", draft
plan, means a draft plan
prepared pursuant to an
approval under
section 16;
"privately requested
amendment", of a marine
farming development
plan, means an
amendment of the plan
requested under
section 33;
15
Marine Farming Planning Amendment Act 2011
Act No. of
s. 12
"relevant person" means -
(a) for a privately
prepared draft
plan, the person
who prepared the
draft plan; and
(b) for a privately
requested
amendment of a
marine farming
development plan,
the person who
requested the
amendment.
12. Section 53 amended (Method for allocation of lease)
Section 53 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "is to"
first occurring and substituting "may";
(b) by omitting subsection (2) and
substituting the following subsection:
(2) On receiving advice pursuant to
subsection (1), the Minister may
decide -
(a) the method to be used to
allocate the relevant lease;
and
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Marine Farming Planning Amendment Act 2011
Act No. of
s. 13
(b) the criteria to be used in
selecting a person who is
to be allocated the
relevant lease.
(c) by omitting subsection (3);
(d) by inserting in subsection (4) "to the
Minister pursuant to subsection (1)" after
"advice".
13. Section 95 amended (Appeals against amendments
and grants)
Section 95 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (a) in subsection (1):
(ab) a decision by the Minister not to
approve the giving, by the Panel,
of a direction to the planning
authority to prepare a draft
amendment to a marine farming
development plan; and
(b) by inserting the following paragraph after
paragraph (a) in subsection (2):
(ab) 14 days after service of a notice
under section 33(7) for an appeal
under subsection (1)(ab); or
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Marine Farming Planning Amendment Act 2011
Act No. of
s. 14
14. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which it commences.
18 Government Printer, Tasmania