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TASMANIA
__________
PULP MILL ASSESSMENT AMENDMENT BILL
2014
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 8 amended (Effect of approval)
5. Section 9 amended (Provisions of Acts, planning schemes, &c.,
not to apply to project)
6. Sections 10A, 10B, 10C and 10D inserted
10A. Sale, &c., of Pulp Mill Permit
10B. Sale, &c., of part of Pulp Mill Permit
10C. Notification of sale, &c., of Pulp Mill Permit
10D. Cancellation, &c., of permit, licence or other
approval
7. Repeal of Act
[Bill 1]-I
2
PULP MILL ASSESSMENT AMENDMENT BILL
2014
(Brought in by the Minister for Energy and Resources, the
Honourable Bryan Alexander Green)
A BILL FOR
An Act to amend the Pulp Mill Assessment Act 2007
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 Pulp Mill
Assessment Amendment Act 2014.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Pulp Mill Assessment Act 2007*
is referred to as the Principal Act.
*No. 4 of 2007
[Bill 1] 3
Pulp Mill Assessment Amendment Act 2014
Act No. of
s. 4
4. Section 8 amended (Effect of approval)
Section 8 of the Principal Act is amended as
follows:
(a) by omitting subsection (3);
(b) by omitting subsections (4), (5) and (6)
and substituting the following
subsections:
(4) The Pulp Mill Permit lapses if the
project is not substantially
commenced before the end of the
period of 10 years commencing
on the date on which the Pulp
Mill Permit came into force.
(5) If the Pulp Mill Permit would
have, but for this subsection,
lapsed on and from a day (the
relevant day) before this
subsection commences, it is to be
taken, on and from the relevant
day, to have not so lapsed.
(6) The Pulp Mill Permit cannot be
taken to have lapsed during the
period of 10 years commencing
on the date on which the Pulp
Mill Permit came into force.
(7) A permit, licence or other
approval -
(a) that is taken, in
accordance with
4
Pulp Mill Assessment Amendment Act 2014
Act No. of
s. 4
subsection (1)(c), to have
been issued under an Act
specified in the Pulp Mill
Permit; and
(b) that would have, but for
this subsection, lapsed
under that Act on and
from a date (the relevant
date) before this
subsection commences -
is to be taken, on and from the
relevant date, to have not so
lapsed.
(8) A permit, licence or other
approval that is taken, in
accordance with
subsection (1)(c), to have been
issued under an Act specified in
the Pulp Mill Permit lapses when
the Pulp Mill Permit lapses, if at
all, under subsection (4).
(9) For the purposes of this section,
lapse, in relation to the Pulp Mill
Permit or a permit, licence or
other approval that is taken, in
accordance with
subsection (1)(c), to have been
issued under an Act specified in
the Pulp Mill Permit, does not
include -
(a) the surrender -
5
Pulp Mill Assessment Amendment Act 2014
Act No. of
s. 5
(i) of the Pulp Mill
Permit by the
holder of the Pulp
Mill Permit; or
(ii) of the permit,
licence or other
approval by the
holder of the
permit, licence or
other approval; or
(b) the cancellation,
revocation or other
termination of the permit,
licence or other approval
by -
(i) the Minister under
section 10D; or
(ii) a person, body or
State Service
Agency
responsible for the
enforcement of a
condition of the
permit, licence or
other approval.
5. Section 9 amended (Provisions of Acts, planning
schemes, &c., not to apply to project)
Section 9 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
6
Pulp Mill Assessment Amendment Act 2014
Act No. of
s. 6
(3) On the approval of the project under
section 7, subsection (1) ceases to apply.
6. Sections 10A, 10B, 10C and 10D inserted
After section 10 of the Principal Act, the
following sections are inserted:
10A. Sale, &c., of Pulp Mill Permit
(1) The holder of the Pulp Mill Permit may
sell, assign or otherwise transfer the Pulp
Mill Permit to another person.
(2) If the Pulp Mill Permit is sold, assigned
or otherwise transferred to another
person -
(a) the rights and obligations under
the Pulp Mill Permit vest in that
other person; and
(b) a permit, licence or other
approval referred to in
section 8(1)(c) is transferred to
that other person by virtue of this
subsection.
(3) If the provisions of an Act under which a
permit, licence or other approval is taken,
in accordance with section 8(1)(c), to
have been issued would, but for this
subsection, apply to the transfer of the
permit, licence or other approval, those
provisions do not apply to the transfer.
7
Pulp Mill Assessment Amendment Act 2014
Act No. of
s. 6
10B. Sale, &c., of part of Pulp Mill Permit
(1) The holder of the Pulp Mill Permit may
sell, assign or otherwise transfer part of
the Pulp Mill Permit to another person.
(2) If part of the Pulp Mill Permit is sold,
assigned or otherwise transferred to
another person -
(a) the rights and obligations under
that part vest in that other person;
and
(b) a permit, licence or other
approval referred to in
section 8(1)(c) that relates to that
part is transferred to that other
person by virtue of this
subsection.
(3) If the provisions of an Act under which a
permit, licence or other approval is taken,
in accordance with section 8(1)(c), to
have been issued would, but for this
subsection, apply to the transfer of the
permit, licence or other approval, those
provisions do not apply to the transfer.
10C. Notification of sale, &c., of Pulp Mill Permit
(1) The person to whom the Pulp Mill Permit
is sold, assigned or otherwise transferred,
in whole or in part, must notify the
Minister of the sale, assignment or
transfer within 28 days of the sale,
assignment or transfer.
8
Pulp Mill Assessment Amendment Act 2014
Act No. of
s. 6
(2) Upon receipt of notification under
subsection (1), the Minister is to cause
the person, body or State Service Agency
responsible for the enforcement of a
condition of a permit, licence or other
approval transferred pursuant to
section 10A(2) or 10B(2) to be notified
of the sale, assignment or transfer within
28 days of the receipt of the notification.
10D. Cancellation, &c., of permit, licence or other
approval
(1) The Minister, on the recommendation of
a person, body or State Service Agency
responsible for the enforcement of a
condition of a permit, licence or other
approval referred to in section 8(1)(c),
may cancel, revoke or otherwise
terminate the permit, licence or other
approval.
(2) The Minister is to cause the person, body
or State Service Agency referred to in
subsection (1) to be notified of the
cancellation, revocation or other
termination of the permit, licence or
other approval referred to in that
subsection within 28 days of the
cancellation, revocation or other
termination.
(3) Subsection (1) does not preclude a
person, body or State Service Agency
referred to in that subsection from
exercising a power to cancel, revoke or
9
Pulp Mill Assessment Amendment Act 2014
Act No. of
s. 7
otherwise terminate a permit, licence of
other approval.
7. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
10 Government Printer, Tasmania