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This is a Bill, not an Act. For current law, see the Acts databases.


NATION BUILDING AND JOBS PLAN FACILITATION (TASMANIA) BILL 15 OF 2009

                                            TASMANIA

                                              __________


                       NATION BUILDING AND JOBS PLAN
                      FACILITATION (TASMANIA) BILL 2009
                                              __________

                                            CONTENTS
           Preamble

        PART 1 - PRELIMINARY
           1.         Short title
           2.         Commencement
           3.         Interpretation
           4.         Act binds Crown

        PART 2 - DECLARATION OF NPA PROJECT
           5.         Declaration
           6.         Effect of declaration
           7.         Public consultation
           8.         Environmental consultation
           9.         Representations and consultation
           10.        Consideration of representations and modification of project,
                      &c.

        PART 3 - CERTIFICATION OF NPA PROJECT
           11.        Application
           12.        Certification
           13.        Effect of certification
           14.        Consequential amendment of planning schemes
[Bill 15]-II

 


 

PART 4 - MISCELLANEOUS 15. Change of proponent 16. Delegation 17. Compliance with other laws 18. Limitation of appeals 19. Service of notices 20. Act prevails over other laws 21. Regulations 22. Status of instruments under Act, &c. 23. Administration of Act 24. Expiry of Act SCHEDULE 1 - THE AGREEMENT 2

 


 

NATION BUILDING AND JOBS PLAN FACILITATION (TASMANIA) BILL 2009 (Brought in by the Premier, the Honourable David John Bartlett) A BILL FOR An Act to facilitate and expedite the implementation in Tasmania of a national partnership agreement on nation building and jobs between the Commonwealth and the various States and Territories and for related matters Preamble Whereas - (a) on 5 February 2009 the Commonwealth and the various States and Territories entered into an agreement called the "National Partnership Agreement on the Nation Building and Jobs Plan: Building Prosperity for the Future and Supporting Jobs Now"; and (b) the main object of the agreement is to provide an economic stimulus to Australia's economy through infrastructure projects that will support economic growth and employment as part of a national response to the current global financial crisis; and (c) Tasmania is obligated under the agreement to ensure, and remove impediments to, its timely and effective implementation in and for this State: [Bill 15] 3

 


 

Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 Act No. of s. 1 Part 1 - Preliminary 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 Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009. 2. Commencement This Act commences on the day on which this Act receives the Royal Assent. 3. Interpretation (1) In this Act, unless the contrary intention appears - "construction works" includes, but is not limited to - (a) site clearance, land stabilisation and like preparatory works; and (b) excavation and demolition works; and (c) the erection of scaffolding; and 4

 


 

Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 Act No. of Part 1 - Preliminary s. 3 (d) the erection or modification of any structure; and (e) the off-site prefabrication of building components; and (f) painting, landscaping and other cosmetic works; and (g) the installation of service infrastructure; and (h) the on-site placement of fixed cranes and gantries; and (i) foundation works including pile driving and form work; "EPA Director" means the Director, Environment Protection Authority appointed under section 18 of the Environmental Management and Pollution Control Act 1994; "key particulars", of a project, means - (a) the type of project (in terms of whether it is a social housing, school infrastructure or other project); and (b) the relevant use or development; and (c) its exact site (including the identity of the relevant land); and 5

 


 

Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 Act No. of s. 3 Part 1 - Preliminary (d) a brief description of what it involves (including the scope and nature of the required works); and (e) the identity and business address of its proponent; "law of the State" includes - (a) a State policy; and (b) a council by-law; and (c) a planning scheme; "local newspaper", for a project, means a daily newspaper published in the State and circulating generally in the same region as that in which the project is undertaken; "NPA" means the agreement referred to in the preamble to this Act and set out in Schedule 1, as from time to time amended; "NPA project" means a project declared under section 5 to be an NPA project; "Planning Act" means the Land Use Planning and Approvals Act 1993; "Planning Minister" means the Minister administering the Planning Act; "planning permit" means a permit within the meaning of the Planning Act; 6

 


 

Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 Act No. of Part 1 - Preliminary s. 3 "planning scheme" includes a special planning order, planning directive or interim order under the Planning Act; "project" means - (a) a social housing project; or (b) a school infrastructure project; or (c) another project, contemplated by the NPA, prescribed by the regulations; "Project Authority" means - (a) for an NPA project that is a social housing project, the Director of Housing under the Homes Act 1935; and (b) for an NPA project that is a school infrastructure project, the Secretary of the responsible Department in relation to the Education Act 1994; and (c) for another kind of NPA project, a person prescribed by the regulations; "proponent" means the proponent of a project; "regulations" means regulations made and in force under this Act; 7

 


 

Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 Act No. of s. 3 Part 1 - Preliminary "relevant council", for a project, means the council of the municipal area in which the project is undertaken; "relevant planning scheme", for an NPA Project, means the planning scheme that would, but for section 6(1)(a), apply to the site; "relevant use or development" means - (a) for an NPA project that is yet to be certified under section 12, the prospective use or development associated with the project; or (b) for an NPA project that has been certified under section 12, the use or development associated with the project (as fixed and specified in the certification); "school infrastructure" includes, but is not limited to - (a) classrooms, laboratories and language centres; and (b) assembly halls, administrative facilities, canteens and places of worship; and (c) facilities for students with disabilities or special needs; and (d) pools, gymnasiums, sports grounds and related facilities; and 8

 


 

Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 Act No. of Part 1 - Preliminary s. 3 (e) playgrounds, play equipment, shelters and shade structures; and (f) related fencing, landscaping and cosmetic works; and (g) related electricity, water and similar service infrastructure; and (h) reroofing, hazard removal and similar refurbishment and safety works; and (i) insulation, solar energy, recycling and like sustainable use and energy facilities; "site" means the site of a project; "social housing" includes, but is not limited to - (a) housing for people who are homeless or at risk of becoming homeless; and (b) housing for people with special needs or disabilities; and (c) housing for Indigenous Australians; and (d) housing for aged people; and (e) housing for people on low incomes; and 9

 


 

Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 Act No. of s. 3 Part 1 - Preliminary (f) respite, refuge and like emergency housing; and (g) short-term family support accommodation for hospital patients; and (h) group facilities annexed to or improving the amenity of social housing; and (i) the refurbishment of existing social housing stocks; and (j) related infrastructure, service and safety works; and (k) related fencing, landscaping and cosmetic works; and (l) related electricity, water and similar service infrastructure; and (m) related amenities including playgrounds and play equipment for children. (2) In this Act, a reference to a project includes a reference to any partially completed project. (3) Unless the contrary intention appears, an expression used in this Act has the same meaning as it has in the Planning Act. 10

 


 

Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 Act No. of Part 1 - Preliminary s. 4 4. Act binds Crown This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. 11

 


 

Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 Act No. of s. 5 Part 2 - Declaration of NPA Project PART 2 - DECLARATION OF NPA PROJECT 5. Declaration (1) The Treasurer, by notice in the Gazette, may declare a project to be an NPA project if satisfied that the project is - (a) in furtherance of the NPA; and (b) not substantially the same as a project for which, at any time before the date of the NPA, a planning permit has been refused for the site. (2) The declaration - (a) is to set out the key particulars of the project; and (b) may contain such other information as the Treasurer considers necessary or expedient in the circumstances. (3) The Treasurer, as soon as practicable, is to give the relevant council a notice - (a) containing a copy of the declaration; and (b) advising the council that it may make written representations to the proponent about the project within the time specified in the notice. 12

 


 

Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 Act No. of Part 2 - Declaration of NPA Project s. 6 6. Effect of declaration (1) If a project is declared to be an NPA project under section 5, then - (a) subject to section 13, neither the Planning Act nor any planning scheme applies to the project; but (b) no construction works may be undertaken for the project unless and until the project is certified under section 12. (2) For this section - "construction works" does not include - (a) the erection of fencing or other security measures; or (b) the erection of promotional or information hoardings about the project; or (c) any site disturbance or minor technical works that may be necessary or incidental for surveying, soil testing or like preparatory processes; or (d) pre-project archaeological excavations. 13

 


 

Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 Act No. of s. 7 Part 2 - Declaration of NPA Project 7. Public consultation (1) As soon as practicable after a project has been declared to be an NPA project under section 5, the proponent is to cause a notice to be published in a local newspaper stating - (a) that the declaration has been made; and (b) the matters specified in the declaration; and (c) where the project information is to be exhibited; and (d) the period during which the project information is to be exhibited; and (e) that any person may submit written representations to the proponent about the project; and (f) the period during which such representations may be made; and (g) the address to which such representations may be sent; and (h) the place where project information may be obtained; and (i) the cost, if any, of obtaining project information. (2) The proponent is to cause the project information to be publicly exhibited consistently with - 14

 


 

Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 Act No. of Part 2 - Declaration of NPA Project s. 8 (a) the notice; and (b) the requirements, if any, prescribed by the regulations. (3) For this section, project information may be exhibited, though not exclusively, by electronic means. (4) In this section - "project information" includes - (a) the key particulars of the project; and (b) if available, building and site plans. 8. Environmental consultation (1) This section applies if - (a) a project has been declared to be an NPA project under section 5; and (b) the relevant use or development would, but for section 6(1)(a), be a use or development that, under a planning scheme applying to the site, is prohibited, or permitted only if a planning permit is granted. (2) The proponent, as soon as practicable, is to - (a) notify the EPA Director of the project; and 15

 


 

Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 Act No. of s. 9 Part 2 - Declaration of NPA Project (b) request the EPA Director to make representations to the proponent if that Director has any concerns with the relevant use or development. 9. Representations and consultation (1) The relevant council may make representations to the proponent in response to and in accordance with the notice under section 5(3). (2) The EPA Director may make representations to the proponent in response to and in accordance with the notice under section 8. (3) Any other person may make representations to the proponent in response to and in accordance with the notice under section 7. (4) The proponent, on its own motion, may consult any person about the project. (5) The Project Authority may - (a) require the proponent to provide it with reasonable information about the project; and (b) consult any person about the project. 16

 


 

Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 Act No. of Part 2 - Declaration of NPA Project s. 10 10. Consideration of representations and modification of project, &c. (1) This section applies if any representations are made in respect of an NPA project in accordance with this Act. (2) The proponent is to consider the representations. (3) The proponent, having regard to the representations and any relevant matters, may modify the project to take into account any of those representations or relevant matters but not so as to - (a) change the site; or (b) increase the overall scale of the project; or (c) substantially change the relevant use or development. (4) In this section - "relevant matters" includes, but is not limited to - (a) the provisions of any planning scheme that, but for section 6(1)(a), would apply to the relevant use or development; and (b) Aboriginal heritage; and (c) historic cultural heritage; and 17

 


 

Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 Act No. of s. 10 Part 2 - Declaration of NPA Project (d) natural hazards, artificial hazards and land contamination; and (e) known landslip areas; and (f) site access, infrastructure and parking; and (g) traffic flows and impacts; and (h) density to open-space ratios; and (i) residential amenity, safety and security; and (j) energy efficiency and sustainability; and (k) water management; and (l) the interests of nearby commerce; and (m) any matter prescribed by the regulations. 18

 


 

Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 Act No. of Part 3 - Certification of NPA Project s. 11 PART 3 - CERTIFICATION OF NPA PROJECT 11. Application (1) This section applies once, to the applicable extent, the procedures under Part 2 have been followed for a project. (2) The proponent may apply to the Project Authority to have the project certified as an NPA project. (3) If the regulations prescribe application requirements (which may include fees) the proponent's application for certification - (a) must be in accordance with those requirements; and (b) is invalid if it is not. (4) The Project Authority may - (a) make such enquiries of such persons; and (b) require the proponent to provide it with such evidence or information - as that Authority reasonably considers necessary or expedient for a proper consideration of the application. 19

 


 

Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 Act No. of s. 12 Part 3 - Certification of NPA Project 12. Certification (1) On receipt of application under section 11(2), the Project Authority, by instrument in writing, may certify an NPA project if satisfied that - (a) the application is valid; and (b) the required actions under section 5(3), section 7 and, if applicable, section 8 have been taken for the project; and (c) the representations, if any, made under this Act in respect of the project have been considered by the proponent; and (d) the concerns, if any, of the EPA Director have been or will be adequately addressed; and (e) any modifications of the project made pursuant to section 10 have not - (i) changed the site; or (ii) increased the overall scale of the project; or (iii) substantially changed the relevant use or development. (2) The certification is to - (a) fix and specify the relevant use or development; and (b) set out the other key particulars of the project; and 20

 


 

Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 Act No. of Part 3 - Certification of NPA Project s. 13 (c) may contain such other information as the Project Authority considers necessary or expedient in the circumstances. (3) For the purposes of subsection (2)(a), the relevant use or development may include any use or development associated with the project, whether or not the use or development is to be undertaken by or on behalf of the proponent. (4) As soon as practicable after certifying an NPA project, the Project Authority is to - (a) cause notice of the certification to be given in the Gazette; and (b) notify the relevant council; and (c) notify the EPA Director (if that Director made representations to the proponent in response to and in accordance with the notice under section 8); and (d) promulgate the certification in such other ways as that Authority may consider necessary or expedient. 13. Effect of certification (1) This section applies once an NPA Project has been certified under section 12. (2) Construction works may be undertaken in accordance with the certification. 21

 


 

Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 Act No. of s. 13 Part 3 - Certification of NPA Project (3) If the relevant planning scheme does not require amendment pursuant to section 14 then - (a) despite section 6(1)(a), the Planning Act applies to the relevant use or development; and (b) if the relevant use or development would, but for section 6(1)(a), be a use or development that, under a planning scheme applying to the site, is permitted only if a planning permit is granted, the certification is taken to be a planning permit authorising that use or development in accordance with the certification. (4) If the relevant planning scheme does require amendment under section 14, then, once those amendments have been made - (a) despite section 6(1)(a), the Planning Act applies to the relevant use or development; and (b) if the relevant use or development would, but for section 6(1)(a), be a use or development that, under a planning scheme applying to the site, is prohibited, or permitted only if a planning permit is granted, the certification is taken to be a planning permit authorising that use or development in accordance with the certification. 22

 


 

Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 Act No. of Part 3 - Certification of NPA Project s. 14 14. Consequential amendment of planning schemes (1) As soon as practicable after an NPA project has been certified under section 12, the Planning Minister must - (a) consult the local council to determine if the relevant planning scheme requires amendment consequent on the certification; and (b) if applicable, amend the relevant planning scheme to the necessary extent. (2) For subsection (1), the necessary extent is that which enables the relevant use or development for the project to be lawfully undertaken on the site (after section 13 applies to it) in accordance with the permit taken to have been granted for the project pursuant to that section. (3) The Planning Act does not apply to the amendment of a planning scheme under subsection (1). (4) However, nothing in this section is to be taken to prevent the further amendment, under the Planning Act, of a planning scheme after the completion of the NPA project. (5) The Planning Minister, on amending a planning scheme pursuant to this section, is to give such public and other notice of the amendment as that Minister considers necessary or expedient in the circumstances. 23

 


 

Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 Act No. of s. 14 Part 3 - Certification of NPA Project (6) However, if the regulations prescribe any specific notification requirements for subsection (5), the Planning Minister is to comply with those requirements. 24

 


 

Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 Act No. of Part 4 - Miscellaneous s. 15 PART 4 - MISCELLANEOUS 15. Change of proponent A declaration or certification of an NPA project is not affected by any change in the identity of the proponent or, if applicable, the number of persons constituting the proponent. 16. Delegation (1) A Project Authority may delegate any of its powers or functions under this Act other than this power of delegation. (2) The Planning Minister may delegate any of his or her powers or functions under this Act other than this power of delegation. (3) The powers and functions of the Treasurer under this Act are not delegable. 17. Compliance with other laws The certification of an NPA project does not constitute authority for any construction works or other actions to be undertaken for the project contrary to - (a) the Planning Act (except to the extent provided by this Act); or (b) the Aboriginal Relics Act 1975; or 25

 


 

Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 Act No. of s. 18 Part 4 - Miscellaneous (c) the Building Act 2000; or (d) the Historic Cultural Heritage Act 1995; or (e) any other law of the State. 18. Limitation of appeals Despite the provisions of any other law of the State - (a) a person is not entitled to appeal to a body or other person, court or tribunal; and (b) no order or review may be made under the Judicial Review Act 2000; and (c) no declaratory judgment may be given; and (d) no other action or proceeding may be brought - in respect of any action, decision, process, matter or thing arising out of or relating to the declaration or certification of an NPA project under this Act. 19. Service of notices A notice or other document is effectively given to a person under this Act if - 26

 


 

Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 Act No. of Part 4 - Miscellaneous s. 20 (a) in the case of a natural person, it is - (i) handed to the person; or (ii) left at, or sent by post to, the person's postal or residential address or place of business or employment last known to the giver of the notice or document; or (iii) faxed to the person's fax number; or (iv) emailed to the person's email address; and (b) in the case of any other person, it is - (i) left at, or sent by post to, the person's principal or registered office or principal place of business; or (ii) faxed to the person's fax number; or (iii) emailed to the person's email address. 20. Act prevails over other laws If a provision of this Act conflicts with a provision of another law of the State, the provision of this Act prevails. 27

 


 

Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 Act No. of s. 21 Part 4 - Miscellaneous 21. Regulations (1) The Governor may make regulations for the purposes of this Act. (2) Without limiting the generality of subsection (1), the regulations may prescribe requirements in relation to - (a) instruments made under this Act; and (b) the giving of notifications or information under this Act; and (c) exhibitions under section 7; and (d) the making of representations under this Act. (3) The regulations may be made so as to apply differently according to such factors as are specified in the regulations. (4) The regulations may authorise any matter to be from time to time determined, applied or regulated by the Treasurer, the Planning Minister or a Project Authority. 22. Status of instruments under Act, &c. (1) Unless the contrary intention appears, a notice or other instrument under this Act - (a) is not a statutory rule for the purposes of the Rules Publication Act 1953; and 28

 


 

Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 Act No. of Part 4 - Miscellaneous s. 23 (b) may not be declared under the Subordinate Legislation Act 1992 to be subordinate legislation for the purposes of that Act. (2) A notice under this Act may be combined with any other such notice. 23. Administration of Act Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 - (a) the administration of this Act is assigned to the Treasurer; and (b) the department responsible to the Treasurer in relation to the administration of this Act is the Department of Treasury and Finance. 24. Expiry of Act (1) This Act (other than Part 1 and section 18) expires on 31 December 2012 or at such earlier time as the Treasurer, by notice before that date, may declare. (2) A notice under subsection (1) is a statutory rule for the purposes of the Rules Publication Act 1953. 29

 


 

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Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 Act No. of sch. 1 Government Printer, Tasmania 53

 


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