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TASMANIA
__________
MINERAL RESOURCES DEVELOPMENT
AMENDMENT (NEW LANDSLIP ZONING
ARRANGEMENTS) BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Part 9A inserted
PART 9A - Landslip Areas
161A. Interpretation
161B. Declaration of landslip areas
161C. Registration of landslip area order
161D. Revocation or amendment of landslip area order
5. Consequential amendments
6. Savings and transitional
Schedule 1 - Consequential Amendments
[Bill 13]-II
2
MINERAL RESOURCES DEVELOPMENT
AMENDMENT (NEW LANDSLIP ZONING
ARRANGEMENTS) BILL 2003
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
15 April 2003
(Brought in by the Minister for Economic Development,
Energy and Resources, the Honourable Paul Anthony
Lennon)
A BILL FOR
An Act to amend the Mineral Resources Development
Act 1995 and to make consequential amendments to
certain other Acts
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:
Short title
1. This Act may be cited as the Mineral Resources
Development Amendment (New Landslip Zoning
Arrangements) Act 2003.
[Bill 13] 3
s. 2 No. Mineral Resources Development 2003
Amendment (New Landslip Zoning
Arrangements)
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Principal Act
3. In this Act, the Mineral Resources Development Act
1995* is referred to as the Principal Act.
Part 9A inserted
4. After section 161 of the Principal Act, the following
Part is inserted:
PART 9A - LANDSLIP AREAS
Interpretation
161A. In this Part -
"A landslip area" means an area of land
declared under section 161B(1) to be an
A landslip area;
"affected owner" means an owner of land
that is likely to be affected by the
making of an order under
section 161B(1);
"B landslip area" means an area of land
declared under section 161B(1) to be a B
landslip area;
*No. 116 of 1995
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2003 Mineral Resources Development No. s. 4
Amendment (New Landslip Zoning
Arrangements)
"landslip area" means an area of land
declared under section 161B(1) to be an
A landslip area or B landslip area.
Declaration of landslip areas
161B. (1) The Minister on the recommendation of
the Director, by order, may declare an area of a
municipal area to be an A landslip area or a B
landslip area.
(2) The Director may make a recommendation
under subsection (1) if satisfied that the specified
area is subject to earth movement because of
inherent instability.
(3) The Director must give the council of the
relevant municipal area written notice of his or her
intention to recommend the making of an order
under subsection (1).
(4) The council of the relevant municipal area,
within 30 days after receiving the Director's notice,
may notify the Director in writing that the council
objects to the intended recommendation.
(5) The Director must give each affected owner
within the proposed landslip area written notice of -
(a) his or her intention to recommend the
making of the order; and
(b) the effect that the making of the order
would have; and
(c) the affected owner's right to object to the
intended recommendation.
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Amendment (New Landslip Zoning
Arrangements)
(6) An affected owner, within 30 days after
receiving the Director's notice, may notify the
Director in writing that the affected owner objects to
the intended recommendation.
(7) A notice under subsection (3) or (5) must
adequately identify the proposed landslip area.
(8) Before making a recommendation under
subsection (1), the Director must -
(a) consider each objection notified under
subsection (4) or (6); and
(b) notify each objecting affected owner, and
the relevant council, of the outcome of
the objection.
(9) Subsections (3), (4), (5), (6), (7) and (8) do
not apply if the Director reasonably considers that
an order under subsection (1) should be made
urgently.
(10) An order under subsection (1) takes effect
on the day specified in the order, being a day that is
at least 30 days after its making is notified in the
Gazette.
Registration of landslip area order
161C. (1) As soon as practicable after making an
order under section 161B, the Minister must cause it
to be registered by -
(a) for land in the landslip area that is
under the Land Titles Act 1980, lodging
with the Recorder of Titles a copy of the
order and a statement signed by the
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2003 Mineral Resources Development No. s. 4
Amendment (New Landslip Zoning
Arrangements)
Minister specifying the titles affected by
the order; and
(b) for other land in the landslip area, filing
with the Recorder of Titles a certified
copy of the order under the Registration
of Deeds Act 1935 as if it were an
instrument to which the Minister is a
party.
(2) The Recorder of Titles must record the
particulars of an order registered under
subsection (1)(a) on all titles to land affected by the
order.
(3) An order recorded on a title to land is an
interest for the purposes of section 40 of the Land
Titles Act 1980.
(4) The Director must -
(a) endorse a certified copy of an order
registered under subsection (1)(b) with a
statement that the order has been
registered under this section; and
(b) keep it and all other relevant documents
relating to the order.
Revocation or amendment of landslip area
order
161D. (1) The Minister on the recommendation of
the Director may, by order -
(a) revoke an order made under
section 161B; or
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Amendment (New Landslip Zoning
Arrangements)
(b) amend the order by -
(i) changing the category of the
landslip area; or
(ii) altering the area of the landslip
area.
(2) The Minister must cause an order under
subsection (1) to be registered in accordance with
section 161C as soon as practicable after making the
order.
(3) The provisions of sections 161B and 161C
apply to an order under this section by which -
(a) land that is not part of a landslip area
becomes part of one; or
(b) land in a B landslip area becomes part of
an A landslip area.
Consequential amendments
5. The legislation specified in Schedule 1 is amended as
specified in that Schedule.
Savings and transitional
6. (1) On the commencement of this Act, any specified
area of a municipal area that, immediately before that
commencement, was declared to be an A landslip area
under section 36 of the Local Government (Building and
Miscellaneous Provisions) Act 1993 is taken to be an A
landslip area under the Principal Act.
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2003 Mineral Resources Development No. s. 6
Amendment (New Landslip Zoning
Arrangements)
(2) On the commencement of this Act, any specified
area of a municipal area that, immediately before that
commencement, was declared to be a B landslip area
under section 36 of the Local Government (Building and
Miscellaneous Provisions) Act 1993 is taken to be a B
landslip area under the Principal Act.
(3) On the commencement of this Act, any order
that, immediately before that commencement, was
registered under section 38 of the Local Government
(Building and Miscellaneous Provisions) Act 1993 is taken
to be an order registered under section 161C of the
Principal Act.
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sch. 1 No. Mineral Resources Development 2003
Amendment (New Landslip Zoning
Arrangements)
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
Section 5
Building Act 2000
1. Section 148 is repealed and the following section is
substituted:
Interpretation
148. In this Division -
"A landslip area" means an area of land
declared under Part 9A of the Mineral
Resources Development Act 1995 to be an
A landslip area;
"B landslip area" means an area of land
declared under Part 9A of the Mineral
Resources Development Act 1995 to be a
B landslip area;
"landslip area" means an area of land
declared under Part 9A of the Mineral
Resources Development Act 1995 to be an
A landslip area or a B landslip area.
2. Section 149 is repealed.
3. Section 153 is repealed.
4. Section 154 is repealed and the following section is
substituted:
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2003 Mineral Resources Development No. sch. 1
Amendment (New Landslip Zoning
Arrangements)
Compensation not payable for certain damage
to buildings erected in known landslip areas
154. (1) In this section -
"Act" means the Mineral Resources
Development Act 1995;
"landslip order" means an order under
section 161B(1) of the Act;
"registered" means registered in accordance
with section 161C of the Act;
"revocation order" means an order under
section 161D(1)(a) of the Act.
(2) Once a landslip order declaring an area of
land to be an A landslip area or B landslip area has
been registered, no compensation or other relief is
payable for any damage caused by earth movement
to any building that is erected during the
registration period in that area of land.
(3) For the purposes of subsection (2), the
registration period is the period that commences on
the day on which the landslip order is registered and
ends on the day on which a revocation order in
respect of that landslip order is registered.
5. Schedule 3 is amended by omitting clause 5.
Local Government (Building and Miscellaneous
Provisions) Act 1993
1. Section 5(1) is amended as follows:
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sch. 1 No. Mineral Resources Development 2003
Amendment (New Landslip Zoning
Arrangements)
(a) by inserting the following definition before the
definition of "Appeal Board":
"A landslip area" means an area of
land declared under Part 9A of the
Mineral Resources Development
Act 1995 to be an A landslip area;
(b) by inserting the following definition after the
definition of "approve":
"B landslip area" means an area of
land declared under Part 9A of the
Mineral Resources Development
Act 1995 to be a B landslip area;
(c) by inserting the following definition after the
definition of "inspector":
"landslip area" means an area of land
declared under Part 9A of the
Mineral Resources Development
Act 1995 to be an A landslip area
or a B landslip area;
2. Section 36 is repealed.
3. Section 37(1) is amended by omitting "section 36" and
substituting "Part 9A of the Mineral Resources
Development Act 1995".
4. Section 38 is repealed.
5. Section 39 is repealed and the following section is
substituted:
Compensation not payable for certain damage
to buildings erected in known landslip areas
39. (1) In this section -
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2003 Mineral Resources Development No. sch. 1
Amendment (New Landslip Zoning
Arrangements)
"Act" means the Mineral Resources
Development Act 1995;
"landslip order" means an order under
section 161B(1) of the Act;
"registered" means registered in accordance
with section 161C of the Act;
"revocation order" means an order under
section 161D(1)(a) of the Act.
(2) Once a landslip order declaring an area of
land to be an A landslip area or B landslip area has
been registered, no compensation or other relief is
payable for any damage caused by earth movement
to any building that is erected during the
registration period in that area of land.
(3) For the purposes of subsection (2), the
registration period is the period that commences on
the day on which the landslip order is registered and
ends on the day on which a revocation order in
respect of that landslip order is registered.
6. Section 40 is repealed.
Government Printer, Tasmania 13