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TASMANIA
__________
RESOURCE PLANNING AND DEVELOPMENT
COMMISSION LEGISLATION (MISCELLANEOUS
AMENDMENTS) BILL 2009
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - RESOURCE PLANNING AND DEVELOPMENT
COMMISSION ACT 1997 AMENDED
3. Principal Act
4. Long title amended
5. Section 1 amended (Short title)
6. Section 3 amended (Interpretation)
7. Part 2: Heading amended
8. Section 4 amended (Establishment of Tasmanian Planning
Commission)
9. Section 5 amended (Constitution of Commission)
10. Section 6 amended (Functions and powers of Commission)
11. Section 7 amended (Commission subject to directions of
Minister)
12. Sections 7A and 7B inserted
7A. Commission to comply with ministerial statement of
expectation
7B. Ministerial statement of expectation
[Bill 29]-XI
13. Section 8 amended (Delegation by Commission)
14. Schedule 2 amended (Provisions with respect to appointment,
constitution and membership of commission)
15. Schedule 3 amended (Provisions with respect to meetings of
Commission)
16. Schedule 3A inserted
SCHEDULE 3A - PROVISIONS IN RESPECT OF
WHICH DELEGATION AND DIRECTIONS
ARE RESTRICTED
PART 3 - CONVEYANCING AND LAW OF PROPERTY ACT 1884
AMENDED
17. Principal Act
18. Section 84E amended (Applications for orders)
PART 4 - ENVIRONMENTAL MANAGEMENT AND POLLUTION
CONTROL ACT 1994 AMENDED
19. Principal Act
20. Section 26 amended (Assessment of level 3 activities)
21. Section 96A amended (Environment Protection Policy Review
Panel)
22. Schedule 5A amended (Membership, proceedings, meetings and
hearings of Panel)
PART 5 - EVIDENCE (AUDIO AND AUDIO VISUAL LINKS)
REGULATIONS 2008 AMENDED
23. Principal Regulations
24. Regulation 4 amended (Certain tribunals prescribed as
Tasmanian courts)
PART 6 - FORESTRY ACT 1920 AMENDED
25. Principal Act
26. Section 4 amended (Interpretation)
27. Section 15 amended (Revocation of dedication of State forest)
28. Section 17 amended (Register of Multiple Use Forest Land)
PART 7 - GAS ACT 2000 AMENDED
29. Principal Act
2
30. Section 3 amended (Interpretation)
PART 8 - LOCAL GOVERNMENT (BUILDING AND
MISCELLANEOUS PROVISIONS) ACT 1993 AMENDED
31. Principal Act
32. Section 3 amended (Interpretation generally)
PART 9 - MAJOR INFRASTRUCTURE DEVELOPMENT
APPROVALS ACT 1999 AMENDED
33. Principal Act
34. Section 3 amended (Interpretation)
PART 10 - MARINE FARMING PLANNING ACT 1995 AMENDED
35. Principal Act
36. Section 3 amended (Interpretation)
37. Section 8 amended (Marine Farming Planning Review Panel)
38. Section 20 amended (Directions for assistance)
PART 11 - MINING (STRATEGIC PROSPECTIVITY ZONES) ACT
1993 AMENDED
39. Principal Act
40. Section 7 amended (Status of Crown land in strategic
prospectivity zones)
PART 12 - NATIONAL PARKS AND RESERVES MANAGEMENT
ACT 2002 AMENDED
41. Principal Act
42. Section 3 amended (Interpretation)
43. Section 22 amended (Review by Commission)
PART 13 - NATURE CONSERVATION ACT 2002 AMENDED
44. Principal Act
45. Section 3 amended (Interpretation)
PART 14 - PUBLIC LAND (ADMINISTRATION AND FORESTS) ACT
1991 AMENDED
46. Principal Act
3
47. Section 4 amended (Interpretation of Part)
PART 15 - RALPHS BAY CONSERVATION AREA
(CLARIFICATION) ACT 2006 AMENDED
48. Principal Act
49. Section 2 amended (Commencement)
50. Section 4 amended (Power of Resource Planning and
Development Commission to determine status of land)
51. Section 5 amended (Power of Minister to give written directions
to Resource Planning and Development Commission)
PART 16 - ROADS AND JETTIES ACT 1935 AMENDED
52. Principal Act
53. Section 9A amended (Alignment of highways)
PART 17 - STATE POLICIES AND PROJECTS ACT 1993 AMENDED
54. Principal Act
55. Section 3 amended (Interpretation)
PART 18 - SURVEY CO-ORDINATION ACT 1944 AMENDED
56. Principal Act
57. Section 20A amended (Nomenclature Board)
58. Section 20J amended (Publication of final decision as to
alteration of name)
PART 19 - THREATENED SPECIES PROTECTION ACT 1995
AMENDED
59. Principal Act
60. Section 35 amended (Recommendation by Resource Planning
and Development Commission)
PART 20 - WATER MANAGEMENT ACT 1999 AMENDED
61. Principal Act
62. Section 3 amended (Interpretation)
63. Section 27 amended (Review by Commission)
4
PART 21 - WELLINGTON PARK ACT 1993 AMENDED
64. Principal Act
65. Section 3 amended (Interpretation)
66. Section 24C amended (Review by Commission)
PART 22 - TRANSITIONAL PROVISIONS
67. Transitional provisions
5
6
RESOURCE PLANNING AND DEVELOPMENT
COMMISSION LEGISLATION (MISCELLANEOUS
AMENDMENTS) BILL 2009
(Brought in by the Minister for Planning, the Honourable
David Edward Llewellyn)
A BILL FOR
An Act to amend the Resource Planning and Development
Commission Act 1997 and other Acts consequential to that
amendment 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:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Resource Planning
and Development Commission Legislation
(Miscellaneous Amendments) Act 2009.
2. Commencement
This Act commences on a day to be proclaimed.
[Bill 29] 7
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
s. 3 Part 2 - Resource Planning and Development Commission Act 1997
Amended
PART 2 - RESOURCE PLANNING AND
DEVELOPMENT COMMISSION ACT 1997 AMENDED
3. Principal Act
In this Part, the Resource Planning and
Development Commission Act 1997* is referred
to as the Principal Act.
4. Long title amended
The long title of the Principal Act is amended by
omitting "Resource Planning and
Development Commission" and substituting
"Tasmanian Planning Commission".
5. Section 1 amended (Short title)
Section 1 of the Principal Act is amended by
omitting "Resource Planning and Development
Commission" and substituting "Tasmanian
Planning Commission".
6. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
omitting "Resource Planning and Development
*No. 85 of 1997
8
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
Part 2 - Resource Planning and Development Commission Act 1997 s. 7
Amended
Commission" from the definition of
"Commission" and substituting "Tasmanian
Planning Commission".
7. Part 2: Heading amended
Part 2 of the Principal Act is amended by
omitting "ESTABLISHMENT, FUNCTIONS
AND POWERS OF RESOURCE
PLANNING AND DEVELOPMENT
COMMISSION" from the heading to that Part
and substituting "ESTABLISHMENT,
FUNCTIONS AND POWERS OF
TASMANIAN PLANNING COMMISSION".
8. Section 4 amended (Establishment of Tasmanian
Planning Commission)
Section 4(1) of the Principal Act is amended by
omitting "A Resource Planning and
Development Commission" and substituting
"The Tasmanian Planning Commission".
9. Section 5 amended (Constitution of Commission)
Section 5(1) of the Principal Act is amended as
follows:
9
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
s. 10 Part 2 - Resource Planning and Development Commission Act 1997
Amended
(a) by omitting from paragraph (f)
"interests." and substituting "interests;
and";
(b) by inserting the following paragraphs
after paragraph (f):
(g) a person, nominated by the
Minister, who is either the Head
of, or a State Service employee
employed within, the State
Service Agency that is
responsible for the administration
of transport and provision of
infrastructure; and
(h) a person, nominated by the
Minister, who is either the person
appointed under the Water and
Sewerage Corporations Act 2008
to be the chairperson of the
Regional Corporations and the
Common Services Corporation or
a person who is recommended by
that chairperson.
10. Section 6 amended (Functions and powers of
Commission)
Section 6 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
10
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
Part 2 - Resource Planning and Development Commission Act 1997 s. 10
Amended
(1A) In addition to the functions and powers
referred to in subsection (1), the
Commission has the following functions
and powers:
(a) to provide advice and support to
the Minister in relation to the
performance of his or her
functions, and the exercise of his
or her powers, in relation to land
use planning under this or any
other Act;
(b) to provide advice to the Minister
in respect of matters related to
land use planning;
(c) to plan for the coordinated
provision of transport, and of
infrastructure, for land
development;
(d) to provide advice to local
government in relation to
planning schemes under the Land
Use Planning and Approvals Act
1993 and the functions of local
government under that Act;
(e) to review, and advise the Minister
in respect of, State and regional
strategic land use planning
matters.
11
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
s. 11 Part 2 - Resource Planning and Development Commission Act 1997
Amended
11. Section 7 amended (Commission subject to
directions of Minister)
Section 7 of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsection:
(2) The Minister may not give a direction to
the Commission in relation to the
outcome of the exercise of a power, or
the performance of a function, specified
in Schedule 3A.
12. Sections 7A and 7B inserted
After section 7 of the Principal Act, the
following sections are inserted in Part 2:
7A. Commission to comply with ministerial
statement of expectation
The Commission is to conduct its
business and affairs in a manner that is
consistent with the ministerial statement
of expectation that is provided to the
Commission under section 7B and that is
in force.
7B. Ministerial statement of expectation
(1) The Minister must provide the
Commission with a ministerial statement
of expectation by 31 January in each
even-numbered year.
12
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
Part 2 - Resource Planning and Development Commission Act 1997 s. 12
Amended
(2) The ministerial statement of expectation
is to specify the objectives of the
Minister in respect of any matter relating
to the functions of the Commission.
(3) The ministerial statement of
expectation -
(a) may not prevent the Commission
from performing a function it is
required to perform or otherwise
complying with any Act; and
(b) may not extend the functions and
powers of the Commission.
(4) The Minister must consult with the
Commission before preparing the
ministerial statement of expectation.
(5) The ministerial statement of expectation
and any amendment to the ministerial
statement of expectation is to be in
writing and signed by the Minister.
(6) The Minister may at any time, at his or
her discretion or after receiving an
application from the Commission -
(a) amend the ministerial statement
of expectation; or
(b) revoke the ministerial statement
of expectation and substitute
13
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
s. 13 Part 2 - Resource Planning and Development Commission Act 1997
Amended
another ministerial statement of
expectation -
by providing the amendment or
substituted ministerial statement of
expectation to the Commission.
(7) The ministerial statement of expectation,
or an amendment to the ministerial
statement of expectation, takes effect on
a day specified in it, being a day not
earlier than the day on which it is
provided to the Commission.
(8) The Commission is to make the
ministerial statement of expectation, as in
force from time to time, available to the
public on its website.
13. Section 8 amended (Delegation by Commission)
Section 8 of the Principal Act is amended as
follows:
(a) by omitting from subsection (3) "The"
and substituting "Subject to
subsection (4), the";
(b) by inserting the following subsection
after subsection (3):
(4) The Commission may not
delegate any of its functions or
powers under a provision
14
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
Part 2 - Resource Planning and Development Commission Act 1997 s. 14
Amended
specified in Schedule 3A to a
member of the Commission
referred to in section 5(1)(g) or
(h).
14. Schedule 2 amended (Provisions with respect to
appointment, constitution and membership of
commission)
Clause 8(2) of Schedule 2 to the Principal Act is
amended as follows:
(a) by omitting from paragraph (f)
"Minister." and substituting "Minister;
and";
(b) by inserting the following paragraphs
after paragraph (f):
(g) referred to in section 5(1)(g) is to
be a State Service employee,
nominated by the Minister, who
is employed in the State Service
Agency that is responsible for the
administration of transport and
provision of infrastructure; and
(h) referred to in section 5(1)(h) is to
be a person nominated by the
Minister on the recommendation
of the person appointed under the
Water and Sewerage
Corporations Act 2008 to be the
15
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
s. 15 Part 2 - Resource Planning and Development Commission Act 1997
Amended
chairperson of the Regional
Corporations and the Common
Services Corporation.
15. Schedule 3 amended (Provisions with respect to
meetings of Commission)
Clause 2(1) of Schedule 3 to the Principal Act is
amended by omitting "Three" and substituting
"Four".
16. Schedule 3A inserted
After Schedule 3 to the Principal Act, the
following Schedule is inserted:
SCHEDULE 3A - PROVISIONS IN RESPECT OF
WHICH DELEGATION AND DIRECTIONS ARE
RESTRICTED
Sections 7(2) and 8(4)
1. Part 3 of this Act.
2. Section 12 and Parts 3 and 4 of the Land
Use Planning and Approvals Act 1993.
3. Part 2 of the Major Infrastructure
Development Approvals Act 1999.
4. Sections 22, 23 and 24 of the National
Parks and Reserves Management Act
2002.
16
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
Part 2 - Resource Planning and Development Commission Act 1997 s. 16
Amended
5. Part 2 of the Public Land (Administration
and Forests) Act 1991.
6. Section 4 of the Ralphs Bay
Conservation Area (Clarification) Act
2006.
7. Part 3 of the State Policies and Projects
Act 1993.
8. Sections 32 and 33 of the Sullivans Cove
Waterfront Authority Act 2004.
9. Section 35 of the Threatened Species
Protection Act 1995.
10. Sections 27 and 27A of the Water
Management Act 1999.
11. Sections 24B, 24C and 24D of the
Wellington Park Act 1993.
17
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
s. 17 Part 3 - Conveyancing and Law of Property Act 1884 Amended
PART 3 - CONVEYANCING AND LAW OF PROPERTY
ACT 1884 AMENDED
17. Principal Act
In this Part, the Conveyancing and Law of
Property Act 1884* is referred to as the Principal
Act.
18. Section 84E amended (Applications for orders)
Section 84E(5) of the Principal Act is amended
as follows:
(a) by omitting "Resource Planning and
Development Commission" first
occurring and substituting "Tasmanian
Planning Commission";
(b) by omitting "Resource Planning and
Development Commission Act 1997" and
substituting "Tasmanian Planning
Commission Act 1997";
(c) by omitting "Resource Planning and
Development Commission" third
occurring and substituting "Tasmanian
Planning Commission".
*No. 19 of 1884
18
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
Part 4 - Environmental Management and Pollution Control Act 1994 s. 19
Amended
PART 4 - ENVIRONMENTAL MANAGEMENT AND
POLLUTION CONTROL ACT 1994 AMENDED
19. Principal Act
In this Part, the Environmental Management and
Pollution Control Act 1994* is referred to as the
Principal Act.
20. Section 26 amended (Assessment of level 3
activities)
Section 26 of the Principal Act is amended as
follows:
(a) by omitting "Resource Planning and
Development Commission" first
occurring and substituting "Tasmanian
Planning Commission";
(b) by omitting "Resource Planning and
Development Commission Act 1997" and
substituting "Tasmanian Planning
Commission Act 1997".
*No. 44 of 1994
19
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
s. 21 Part 4 - Environmental Management and Pollution Control Act 1994
Amended
21. Section 96A amended (Environment Protection
Policy Review Panel)
Section 96A of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(a)
"Resource Planning and Development
Commission" and substituting
"Tasmanian Planning Commission";
(b) by omitting from subsection (2B)
"Resource Planning and Development
Commission" and substituting
"Tasmanian Planning Commission".
22. Schedule 5A amended (Membership, proceedings,
meetings and hearings of Panel)
Schedule 5A to the Principal Act is amended by
omitting "Resource Planning and Development
Commission" from clause 2(2) of Part 1 and
substituting "Tasmanian Planning Commission".
20
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
Part 5 - Evidence (Audio and Audio Visual Links) Regulations 2008 s. 23
Amended
PART 5 - EVIDENCE (AUDIO AND AUDIO VISUAL
LINKS) REGULATIONS 2008 AMENDED
23. Principal Regulations
In this Part, the Evidence (Audio and Audio
Visual Links) Regulations 2008* are referred to
as the Principal Regulations.
24. Regulation 4 amended (Certain tribunals
prescribed as Tasmanian courts)
Regulation 4 of the Principal Regulations is
amended by omitting paragraph (f) and
substituting the following paragraph:
(f) Tasmanian Planning Commission;
*S.R. 2008, No. 72
21
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
s. 25 Part 6 - Forestry Act 1920 Amended
PART 6 - FORESTRY ACT 1920 AMENDED
25. Principal Act
In this Part, the Forestry Act 1920* is referred to
as the Principal Act.
26. Section 4 amended (Interpretation)
Section 4(1) of the Principal Act is amended as
follows:
(a) by omitting the definition of "Resource
Planning and Development
Commission";
(b) by inserting the following definition after
the definition of "sustainable forest
management":
"Tasmanian Planning Commission"
means the Tasmanian Planning
Commission established under
the Tasmanian Planning
Commission Act 1997;
*No. 60 of 1920
22
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
Part 6 - Forestry Act 1920 Amended s. 27
27. Section 15 amended (Revocation of dedication of
State forest)
Section 15 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(b)
"Resource Planning and Development
Commission" and substituting
"Tasmanian Planning Commission";
(b) by omitting from subsection (3)
"Resource Planning and Development
Commission" and substituting
"Tasmanian Planning Commission".
28. Section 17 amended (Register of Multiple Use
Forest Land)
Section 17 of the Principal Act is amended as
follows:
(a) by omitting from subsection (6)(a)
"Resource Planning and Development
Commission" and substituting
"Tasmanian Planning Commission";
(b) by omitting from subsection (7)
"Resource Planning and Development
Commission" and substituting
"Tasmanian Planning Commission".
23
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
s. 29 Part 7 - Gas Act 2000 Amended
PART 7 - GAS ACT 2000 AMENDED
29. Principal Act
In this Part, the Gas Act 2000* is referred to as
the Principal Act.
30. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
omitting "Resource Planning and Development
Commission" from the definition of
"Commission" and substituting "Tasmanian
Planning Commission".
*No. 92 of 2000
24
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
Part 8 - Local Government (Building and Miscellaneous Provisions) Act s. 31
1993 Amended
PART 8 - LOCAL GOVERNMENT (BUILDING AND
MISCELLANEOUS PROVISIONS) ACT 1993
AMENDED
31. Principal Act
In this Part, the Local Government (Building and
Miscellaneous Provisions) Act 1993* is referred
to as the Principal Act.
32. Section 3 amended (Interpretation generally)
The definition of "Commission" in section 3(1)
of the Principal Act is amended as follows:
(a) by omitting "Resource Planning and
Development Commission" first
occurring and substituting "Tasmanian
Planning Commission";
(b) by omitting "Resource Planning and
Development Commission Act 1997" and
substituting "Tasmanian Planning
Commission Act 1997".
*No. 96 of 1993
25
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
s. 33 Part 9 - Major Infrastructure Development Approvals Act 1999 Amended
PART 9 - MAJOR INFRASTRUCTURE
DEVELOPMENT APPROVALS ACT 1999 AMENDED
33. Principal Act
In this Part, the Major Infrastructure
Development Approvals Act 1999* is referred to
as the Principal Act.
34. Section 3 amended (Interpretation)
The definition of "Commission" in section 3(1)
of the Principal Act is amended as follows:
(a) by omitting "Resource Planning and
Development Commission" first
occurring and substituting "Tasmanian
Planning Commission";
(b) by omitting "Resource Planning and
Development Commission Act 1997" and
substituting "Tasmanian Planning
Commission Act 1997".
*No. 108 of 1999
26
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
Part 10 - Marine Farming Planning Act 1995 Amended s. 35
PART 10 - MARINE FARMING PLANNING ACT 1995
AMENDED
35. Principal Act
In this Part, the Marine Farming Planning Act
1995* is referred to as the Principal Act.
36. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of "Resource
Planning and Development
Commission";
(b) by inserting the following definition after
the definition of "sustainable
development":
"Tasmanian Planning Commission"
means the Tasmanian Planning
Commission established under
the Tasmanian Planning
Commission Act 1997;
*No. 31 of 1995
27
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
s. 37 Part 10 - Marine Farming Planning Act 1995 Amended
37. Section 8 amended (Marine Farming Planning
Review Panel)
Section 8(2)(b) of the Principal Act is amended
by omitting "Resource Planning and
Development Commission" and substituting
"Tasmanian Planning Commission".
38. Section 20 amended (Directions for assistance)
Section 20 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Resource Planning and Development
Commission" and substituting
"Tasmanian Planning Commission";
(b) by omitting from subsection (3)
"Resource Planning and Development
Commission" and substituting
"Tasmanian Planning Commission";
(c) by omitting from subsection (4)
"Resource Planning and Development
Commission" and substituting
"Tasmanian Planning Commission".
28
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
Part 11 - Mining (Strategic Prospectivity Zones) Act 1993 Amended s. 39
PART 11 - MINING (STRATEGIC PROSPECTIVITY
ZONES) ACT 1993 AMENDED
39. Principal Act
In this Part, the Mining (Strategic Prospectivity
Zones) Act 1993* is referred to as the Principal
Act.
40. Section 7 amended (Status of Crown land in
strategic prospectivity zones)
Section 7 of the Principal Act is amended as
follows:
(a) by omitting from subsection (6)(c)
"Resource Planning and Development
Commission" first occurring and
substituting "Tasmanian Planning
Commission";
(b) by omitting from subsection (6)(c)
"Resource Planning and Development
Commission Act 1997" and substituting
"Tasmanian Planning Commission Act
1997";
(c) by omitting from subsection (7)
"Resource Planning and Development
Commission" first occurring and
*No. 26 of 1993
29
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
s. 40 Part 11 - Mining (Strategic Prospectivity Zones) Act 1993 Amended
substituting "Tasmanian Planning
Commission";
(d) by omitting from subsection (7)
"Resource Planning and Development
Commission Act 1997" and substituting
"Tasmanian Planning Commission Act
1997".
30
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
Part 12 - National Parks and Reserves Management Act 2002 Amended s. 41
PART 12 - NATIONAL PARKS AND RESERVES
MANAGEMENT ACT 2002 AMENDED
41. Principal Act
In this Part, the National Parks and Reserves
Management Act 2002* is referred to as the
Principal Act.
42. Section 3 amended (Interpretation)
The definition of "Commission" in section 3(1)
of the Principal Act is amended as follows:
(a) by omitting "Resource Planning and
Development Commission" first
occurring and substituting "Tasmanian
Planning Commission";
(b) by omitting "section 4 of the Resource
Planning and Development Commission
Act 1997" and substituting "section 4 of
the Tasmanian Planning Commission Act
1997".
43. Section 22 amended (Review by Commission)
Section 22(5) of the Principal Act is amended by
omitting "Resource Planning and Development
*No. 62 of 2002
31
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
s. 43 Part 12 - National Parks and Reserves Management Act 2002 Amended
Commission Act 1997" and substituting
"Tasmanian Planning Commission Act 1997".
32
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
Part 13 - Nature Conservation Act 2002 Amended s. 44
PART 13 - NATURE CONSERVATION ACT 2002
AMENDED
44. Principal Act
In this Part, the Nature Conservation Act 2002*
is referred to as the Principal Act.
45. Section 3 amended (Interpretation)
The definition of "Commission" in section 3(1)
of the Principal Act is amended as follows:
(a) by omitting "Resource Planning and
Development Commission" first
occurring and substituting "Tasmanian
Planning Commission";
(b) by omitting "section 4 of the Resource
Planning and Development Commission
Act 1997" and substituting "section 4 of
the Tasmanian Planning Commission Act
1997".
*No. 63 of 2002
33
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
s. 46 Part 14 - Public Land (Administration and Forests) Act 1991 Amended
PART 14 - PUBLIC LAND (ADMINISTRATION AND
FORESTS) ACT 1991 AMENDED
46. Principal Act
In this Part, the Public Land (Administration and
Forests) Act 1991* is referred to as the Principal
Act.
47. Section 4 amended (Interpretation of Part)
The definition of "Commission" in section 4 of
the Principal Act is amended as follows:
(a) by omitting "Resource Planning and
Development Commission" first
occurring and substituting "Tasmanian
Planning Commission";
(b) by omitting "Resource Planning and
Development Commission Act 1997" and
substituting "Tasmanian Planning
Commission Act 1997".
*No. 42 of 1991
34
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
Part 15 - Ralphs Bay Conservation Area (Clarification) Act 2006 Amended s. 48
PART 15 - RALPHS BAY CONSERVATION AREA
(CLARIFICATION) ACT 2006 AMENDED
48. Principal Act
In this Part, the Ralphs Bay Conservation Area
(Clarification) Act 2006* is referred to as the
Principal Act.
49. Section 2 amended (Commencement)
Section 2(2)(a) of the Principal Act is amended
by omitting "Resource Planning and
Development Commission" and substituting
"Tasmanian Planning Commission".
50. Section 4 amended (Power of Resource Planning
and Development Commission to determine status
of land)
Section 4 of the Principal Act is amended by
omitting "Resource Planning and Development
Commission" and substituting "Tasmanian
Planning Commission".
*No. 14 of 2006
35
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
s. 51 Part 15 - Ralphs Bay Conservation Area (Clarification) Act 2006 Amended
51. Section 5 amended (Power of Minister to give
written directions to Resource Planning and
Development Commission)
Section 5 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Resource Planning and Development
Commission" and substituting
"Tasmanian Planning Commission";
(b) by omitting from subsection (2)
"Resource Planning and Development
Commission" first occurring and
substituting "Tasmanian Planning
Commission".
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Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
Part 16 - Roads and Jetties Act 1935 Amended s. 52
PART 16 - ROADS AND JETTIES ACT 1935 AMENDED
52. Principal Act
In this Part, the Roads and Jetties Act 1935* is
referred to as the Principal Act.
53. Section 9A amended (Alignment of highways)
Section 9A(5)(a) of the Principal Act is amended
as follows:
(a) by omitting "Resource Planning and
Development Commission" first
occurring and substituting "Tasmanian
Planning Commission";
(b) by omitting "Resource Planning and
Development Commission Act 1997" and
substituting "Tasmanian Planning
Commission Act 1997".
*No. 82 of 1935
37
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
s. 54 Part 17 - State Policies and Projects Act 1993 Amended
PART 17 - STATE POLICIES AND PROJECTS ACT
1993 AMENDED
54. Principal Act
In this Part, the State Policies and Projects Act
1993* is referred to as the Principal Act.
55. Section 3 amended (Interpretation)
The definition of "Commission" in section 3(1)
of the Principal Act is amended as follows:
(a) by omitting "Resource Planning and
Development Commission" first
occurring and substituting "Tasmanian
Planning Commission";
(b) by omitting "Resource Planning and
Development Commission Act 1997" and
substituting "Tasmanian Planning
Commission Act 1997".
*No. 65 of 1993
38
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
Part 18 - Survey Co-ordination Act 1944 Amended s. 56
PART 18 - SURVEY CO-ORDINATION ACT 1944
AMENDED
56. Principal Act
In this Part, the Survey Co-ordination Act 1944*
is referred to as the Principal Act.
57. Section 20A amended (Nomenclature Board)
Section 20A(2)(d) of the Principal Act is
amended as follows:
(a) by omitting "Resource Planning and
Development Commission" first
occurring and substituting "Tasmanian
Planning Commission";
(b) by omitting "Resource Planning and
Development Commission Act 1997" and
substituting "Tasmanian Planning
Commission Act 1997".
58. Section 20J amended (Publication of final decision
as to alteration of name)
Section 20J(1)(b) of the Principal Act is
amended by omitting subparagraph (v) and
substituting the following subparagraph:
*No. 86 of 1944
39
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
s. 58 Part 18 - Survey Co-ordination Act 1944 Amended
(v) the Tasmanian Planning Commission;
and
40
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
Part 19 - Threatened Species Protection Act 1995 Amended s. 59
PART 19 - THREATENED SPECIES PROTECTION
ACT 1995 AMENDED
59. Principal Act
In this Part, the Threatened Species Protection
Act 1995* is referred to as the Principal Act.
60. Section 35 amended (Recommendation by Resource
Planning and Development Commission)
Section 35(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a)
"Resource Planning and Development
Commission" first occurring and
substituting "Tasmanian Planning
Commission";
(b) by omitting from paragraph (a)
"Resource Planning and Development
Commission Act 1997" and substituting
"Tasmanian Planning Commission Act
1997";
(c) by omitting from paragraph (b) "the
Commissioner" first occurring and
substituting "the chairperson";
*No. 83 of 1995
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Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
s. 60 Part 19 - Threatened Species Protection Act 1995 Amended
(d) by omitting from paragraph (b)
"Commissioner" second occurring and
substituting "chairperson".
42
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
Part 20 - Water Management Act 1999 Amended s. 61
PART 20 - WATER MANAGEMENT ACT 1999
AMENDED
61. Principal Act
In this Part, the Water Management Act 1999* is
referred to as the Principal Act.
62. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
omitting the definition of "Commission" and
substituting the following definition:
"Commission" means the Tasmanian
Planning Commission;
63. Section 27 amended (Review by Commission)
Section 27(5) of the Principal Act is amended by
omitting "Part 3 of the Resource Planning and
Development Commission Act 1997" and
substituting "Part 3 of the Tasmanian Planning
Commission Act 1997".
*No. 45 of 1999
43
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
s. 64 Part 21 - Wellington Park Act 1993 Amended
PART 21 - WELLINGTON PARK ACT 1993 AMENDED
64. Principal Act
In this Part, the Wellington Park Act 1993* is
referred to as the Principal Act.
65. Section 3 amended (Interpretation)
The definition of "Commission" in section 3(1)
of the Principal Act is amended as follows:
(a) by omitting "Resource Planning and
Development Commission" first
occurring and substituting "Tasmanian
Planning Commission";
(b) by omitting "section 4 of the Resource
Planning and Development Commission
Act 1997" and substituting "section 4 of
the Tasmanian Planning Commission Act
1997".
66. Section 24C amended (Review by Commission)
Section 24C(5) of the Principal Act is amended
by omitting "Part 3 of the Resource Planning
and Development Commission Act 1997" and
*No. 59 of 1993
44
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
Part 21 - Wellington Park Act 1993 Amended s. 66
substituting "Part 3 of the Tasmanian Planning
Commission Act 1997".
45
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
s. 67 Part 22 - Transitional Provisions
PART 22 - TRANSITIONAL PROVISIONS
67. Transitional provisions
(1) In this Part -
"commencement day" means the day on
which this Act commences;
"Principal Act" means the Resource
Planning and Development Commission
Act 1997;
"Resource Planning and Development
Commission" means the Resource
Planning and Development Commission
established under the Principal Act as in
force immediately before the
commencement day;
"Tasmanian Planning Commission" means
the Tasmanian Planning Commission
established under the Principal Act as
amended by this Act.
(2) A person who was, immediately before the
commencement day, a member of the Resource
Planning and Development Commission is to be
taken to be a member of the Tasmanian Planning
Commission until -
(a) the expiry of the period specified in the
instrument under clause 4 of Schedule 2
to the Principal Act appointing the
46
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
Part 22 - Transitional Provisions s. 67
person to be a member of the Resource
Planning and Development Commission;
or
(b) the person otherwise ceases under the
Principal Act to be a member of the
Tasmanian Planning Commission.
(3) All acts, matters and things done or omitted to be
done by, or done or suffered in relation to, the
Resource Planning and Development
Commission before the commencement day are
taken to have been done or omitted to be done
by, or done or suffered in relation to, the
Tasmanian Planning Commission.
(4) The reference of any question to the Resource
Planning and Development Commission in
respect of which that Commission has not made
a final report before the commencement day is
taken to be a reference of that question to the
Tasmanian Planning Commission.
(5) A direction given to or by the Resource Planning
and Development Commission before the
commencement day and which has not been
fulfilled before that day is taken to be a direction
given to or by the Tasmanian Planning
Commission.
(6) A delegation by the Resource Planning and
Development Commission before the
commencement day that is in existence on that
47
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
s. 67 Part 22 - Transitional Provisions
day is taken to be a delegation by the Tasmanian
Planning Commission.
(7) A hearing conducted by or on behalf of the
Resource Planning and Development
Commission which has not been completed
before the commencement day continues as if it
had been conducted by or on behalf of the
Tasmanian Planning Commission.
(8) All rights, obligations and liabilities of the
Resource Planning and Development
Commission which are subsisting immediately
before the commencement day are transferred to
the Tasmanian Planning Commission.
(9) Any contract, agreement or arrangement entered
into by the Resource Planning and Development
Commission before the commencement day and
in force on that day is to be treated for all
purposes as a contract, agreement or
arrangement entered into by the Tasmanian
Planning Commission.
(10) Any legal or other proceedings which, before the
commencement day, might have been instituted
or continued by or against the Resource Planning
and Development Commission may be instituted
or continued by or against the Tasmanian
Planning Commission.
(11) A reference to the Resource Planning and
Development Commission in any -
(a) Act; or
48
Resource Planning and Development Commission Legislation
(Miscellaneous Amendments) Act 2009
Act No. of
Part 22 - Transitional Provisions s. 67
(b) planning scheme or other instrument; or
(c) document -
in force or subsisting on the commencement day
is taken to be a reference to the Tasmanian
Planning Commission.
Government Printer, Tasmania 49