Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
PARLIAMENT SQUARE PLANNING PERMIT
BILL 2012
__________
CONTENTS
1. Short title
2. Commencement
3. Interpretation
4. Act binds Crown
5. Inconsistency
6. Planning permit to take effect, &c.
7. Approvals for purposes of planning permit
8. Amendment of planning permit
9. Limitation of rights of appeal
10. Delegation
11. Appeal costs
12. Heritage Register, &c.
13. Regulations
14. Administration of Act
[Bill 57]-I
2
PARLIAMENT SQUARE PLANNING PERMIT
BILL 2012
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 November 2012
(Brought in by the Minister for Planning, the Honourable
Bryan Alexander Green)
A BILL FOR
An Act to give effect to a planning permit for the
development of Parliament Square, Hobart, and for
related purposes
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 Parliament Square
Planning Permit Act 2012.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 57] 3
Parliament Square Planning Permit Act 2012
Act No. of
s. 3
3. Interpretation
In this Act, unless the contrary intention
appears -
affected land means the land comprised in
folios of the Register volume 156768
folios 1 and 2 registered under the Land
Titles Act 1980;
Authority means the Sullivans Cove
Waterfront Authority established under
the repealed Act;
development means the development, known
as "Parliament Square", which is the
subject of the planning permit;
Heritage Register means the Tasmanian
Heritage Register kept under Part 4 of the
Historic Cultural Heritage Act 1995;
place has the meaning given in section 3 of
the Historic Cultural Heritage Act 1995;
planning permit means planning permit
number PLN-10-00495-01 issued under
the Land Use Planning and Approvals
Act 1993 by the Authority;
relevant date means the date on which the Bill
for this Act was first tabled in
Parliament;
repealed Act means the Sullivans Cove
Waterfront Authority Act 2004;
4
Parliament Square Planning Permit Act 2012
Act No. of
s. 4
specified person means a person, other than
the applicant for the planning permit,
who is a party at the relevant date to an
appeal in respect of the planning permit
that has not been finally determined as at
the relevant date.
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.
5. Inconsistency
If any provisions of this Act are inconsistent
with any provisions of any other Act, planning
scheme, special planning order, interim order or
any other instrument, the provisions of this Act
prevail to the extent of the inconsistency.
6. Planning permit to take effect, &c.
On the commencement of this Act -
(a) the planning permit comes into effect as
a permit that has taken effect for the
purposes of the Land Use Planning and
Approvals Act 1993; and
(b) all rights of appeal in relation to the
planning permit are extinguished; and
(c) notwithstanding any other Act, planning
scheme, special planning order, interim
5
Parliament Square Planning Permit Act 2012
Act No. of
s. 7
order or any other instrument, the
development may proceed in accordance
with, and subject to, the planning permit.
7. Approvals for purposes of planning permit
(1) Notwithstanding any other Act, the Minister is
authorised to give any approval, consent or
permission that is required by the planning
permit.
(2) Without limiting subsection (1), any reference in
the permit to the Chief Executive Officer of the
Authority is taken to be a reference to the
Minister.
(3) Subject to subsection (2), for the purposes of any
Act, an approval, consent or permission given by
the Minister under subsection (1) takes effect as
if the approval, consent or permission had been
given by the person or body that was required to
give that approval, consent or permission for the
purposes of the planning permit.
(4) A person or body that was required to give any
approval, consent or permission pursuant to the
planning permit does not incur any liability
because of anything done or omitted to be done
by the Minister under subsection (1).
8. Amendment of planning permit
For the purposes of section 56 of the Land Use
Planning and Approvals Act 1993, in relation to
the planning permit, the Minister -
6
Parliament Square Planning Permit Act 2012
Act No. of
s. 9
(a) is taken to be the planning authority; and
(b) may exercise the powers of a planning
authority under that section.
9. Limitation of rights of appeal
(1) Subject to subsections (2) and (3) and
notwithstanding the provisions of any other
Act -
(a) a person is not entitled to appeal to a
body or other person, court or tribunal; or
(b) no order or review may be made under
the Judicial Review Act 2000; or
(c) no declaratory judgment may be given;
or
(d) no other action or proceeding may be
brought -
in respect of anything done pursuant to
section 7(1) or 8.
(2) Subsection (1) does not apply to any thing which
has involved or has been affected by criminal
conduct.
(3) Subsection (1) does not apply to a purchaser or
an owner of any affected land.
7
Parliament Square Planning Permit Act 2012
Act No. of
s. 10
10. Delegation
The Minister may delegate any of the Minister's
functions or powers under this Act other than
this power of delegation.
11. Appeal costs
The Crown in right of Tasmania is to reimburse
to a specified person any legal costs and
disbursements, including expert witness costs,
reasonably incurred by that person before the
relevant date in relation to any appeal under the
Land Use Planning and Approvals Act 1993 in
respect of the planning permit that has not been
determined before the relevant date.
12. Heritage Register, &c.
(1) The Heritage Register is amended by
permanently removing from that register any
place, or part of a place, which is required to be
destroyed or demolished to enable the
development to be carried out in accordance
with the planning permit.
(2) A place, or part of a place, that is removed from
the Heritage Register in accordance with
subsection (1) is not capable of being re-entered
in that register, whether provisionally or
permanently, unless the Minister has given his or
her written consent to the making of that entry.
(3) The Heritage Council must not make any order
under the Historic Cultural Heritage Act 1995 in
8
Parliament Square Planning Permit Act 2012
Act No. of
s. 13
respect of a place, or part of a place, that is
removed from the Heritage Register in
accordance with subsection (1) unless the
Minister has given his or her written consent to
the making of that order.
13. Regulations
(1) The Governor may make regulations for the
purpose of this Act.
(2) Regulations may be made so as to apply
differently according to such factors as are
specified in the regulations.
(3) The regulations may -
(a) provide that a contravention of any of the
regulations is an offence; and
(b) in respect of such an offence, provide for
the imposition of a fine not exceeding 50
penalty units and, in the case of a
continuing offence, a further fine not
exceeding 10 penalty units for each day
during which the offence continues.
(4) The regulations may authorise any matter to be
from time to time determined, applied or
regulated by the Minister.
(5) The regulations may contain provisions of a
savings or transitional nature consequent on the
enactment of this Act.
9
Parliament Square Planning Permit Act 2012
Act No. of
s. 14
(6) A provision referred to in subsection (5) may
take effect on and from the day on which this
Act commences or a later day.
14. 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 Minister for Planning; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Treasury
and Finance.
10 Government Printer, Tasmania