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TASMANIA
__________
PARLIAMENT SQUARE PLANNING PERMIT
AMENDMENT BILL 2015
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 6 amended (Planning permit to take effect, &c.)
6. Section 6A inserted
6A. Further permits
7. Section 7 amended (Approvals for purposes of planning permit
or further permits)
8. Section 8 amended (Amendment of planning permit or further
permit)
9. Section 8A inserted
8A. Minister may exclude part of affected or adjoining
land from operation of Act
10. Section 12 amended (Heritage Register, &c.)
11. Repeal of Act
[Bill 38]-XI
2
PARLIAMENT SQUARE PLANNING PERMIT
AMENDMENT BILL 2015
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.
SHANE DONNELLY, Clerk of the House
27 August 2015
(Brought in by the Minister for Planning and Local
Government, the Honourable Peter Carl Gutwein)
A BILL FOR
An Act to amend the Parliament Square Planning Permit
Act 2012
Be it enacted by Her 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 Parliament Square
Planning Permit Amendment Act 2015.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 38] 3
Parliament Square Planning Permit Amendment Act 2015
Act No. of
s. 3
3. Principal Act
In this Act, the Parliament Square Planning
Permit Act 2012* is referred to as the Principal
Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of development
and substituting the following
definitions:
development or use means a
development, or use, within the
meaning of the Land Use
Planning and Approvals Act
1993;
further permit means a permit (other
than the planning permit), as
amended, if at all, under section
56 of the Land Use Planning and
Approvals Act 1993, that is issued
under that Act in respect of a
substantially related development
or use and is in effect;
(b) by omitting "issued" from the definition
of planning permit and substituting ",
issued";
*No. 48 of 2012
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Parliament Square Planning Permit Amendment Act 2015
Act No. of
s. 4
(c) by inserting ", as amended, if at all,
under section 56 of that Act" after
"Authority" in the definition of planning
permit;
(d) by inserting the following definition after
the definition of planning permit:
planning permit development means
the project, the subject of the
planning permit, known as
"Parliament Square", and
includes any development or use
referred to in the planning permit;
(e) by omitting "date." from the definition of
specified person and substituting "date;";
(f) by inserting the following definition after
the definition of specified person:
substantially related development or
use means -
(a) any development or use
on the affected land, other
than the planning permit
development; and
(b) any development or use,
on land adjoining the
affected land, that is
substantially related to the
planning permit
development.
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Parliament Square Planning Permit Amendment Act 2015
Act No. of
s. 5
5. Section 6 amended (Planning permit to take effect,
&c.)
Section 6(c) of the Principal Act is amended by
omitting "the development" and substituting "the
planning permit development".
6. Section 6A inserted
After section 6 of the Principal Act, the
following section is inserted:
6A. Further permits
(1) Nothing in this Act, or in any provision
of the planning permit or of any further
permit, is to be taken to prevent any of
the following activities:
(a) the making of an application
under the Land Use Planning and
Approvals Act 1993 for a permit
in respect of a substantially
related development or use;
(b) the issue under the Land Use
Planning and Approvals Act 1993
of a permit in respect of a
substantially related development
or use;
(c) the carrying out of any
substantially related development
or use in accordance with, and
subject to, any further permit.
6
Parliament Square Planning Permit Amendment Act 2015
Act No. of
s. 7
(2) Subsection (1) applies to an activity
whether the activity occurs before or
after the commencement of the
Parliament Square Planning Permit
Amendment Act 2015.
(3) Subsection (1) applies to an activity
whether or not the planning permit
development, or any part of the planning
permit development, is to be, is being, or
has been, carried out.
(4) For the purposes of this Act and any
other Act -
(a) the planning permit is taken not
to include any reference to; and
(b) the planning permit development
is taken not to include -
any part of the planning permit
development to the extent that the part is
not capable of being carried out in
accordance with, and subject to, the
planning permit because any
substantially related development or use
has been, or is being, carried out in
accordance with, and subject to, a further
permit.
7. Section 7 amended (Approvals for purposes of
planning permit or further permits)
Section 7 of the Principal Act is amended as
follows:
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Parliament Square Planning Permit Amendment Act 2015
Act No. of
s. 8
(a) by inserting in subsection (1) "or a
further permit" after "permit";
(b) by omitting from subsection (2) "the
permit" and substituting "the planning
permit or a further permit";
(c) by inserting in subsection (3) "or a
further permit" after "permit";
(d) by inserting in subsection (4) "or a
further permit" after "permit".
8. Section 8 amended (Amendment of planning permit
or further permit)
Section 8 of the Principal Act is amended by
inserting "and any further permit" after "permit".
9. Section 8A inserted
After section 8 of the Principal Act, the
following section is inserted:
8A. Minister may exclude part of affected or
adjoining land from operation of Act
(1) The Minister, by order, may exclude
from the operation of sections 7 and 8
any part of the affected land or of the
land adjoining the affected land.
(2) The making of an order under
subsection (1) in relation to a part of the
affected land, or of the land adjoining the
8
Parliament Square Planning Permit Amendment Act 2015
Act No. of
s. 10
affected land, does not affect the validity
of -
(a) any approval, consent or
permission that is required by the
planning permit or a further
permit and has been given by the
Minister under section 7 before
the order comes into force; or
(b) the exercise, before the order
comes into force, by the Minister
of the powers of a planning
authority under section 56 of the
Land Use Planning and
Approvals Act 1993 -
in relation to the planning permit, or a
further permit, in relation to the part of
the affected land, or of the land adjoining
the affected land, to which the order
relates.
10. Section 12 amended (Heritage Register, &c.)
Section 12(1) of the Principal Act is amended by
omitting "the development" and substituting "the
planning permit development".
11. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 9