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TASMANIA
__________
SULLIVANS COVE WATERFRONT
AUTHORITY BILL 2004
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Sullivans Cove Planning Area
5. Act binds Crown
6. Objectives to be furthered
PART 2 - SULLIVANS COVE WATERFRONT
AUTHORITY
7. Establishment of Sullivans Cove Waterfront Authority
8. Membership of Authority
9. Functions of Authority
10. Powers of Authority
11. Making, widening, &c., of highways
12. Delegation by Authority
13. Design Panel
14. Committees
15. Responsibilities in planning area
[Bill 67]-I
16. Cooperation of management authorities
17. Agreements with other persons
PART 3 - STAFF OF AUTHORITY
18. Chief executive officer
19. Role of chief executive officer
20. Disclosure of interests
21. Staff of Authority
PART 4 - DEVELOPMENT PLANS
Division 1 - Form and content of development plans
22. Form of development plans
23. Development plan provisions
24. Use and development must comply with development
plans
25. Authority may require preparation of a development plan
before considering development
26. Use or development in development plans
27. Division 2A of Part 3 of the Land Use Planning and
Approvals Act 1993 does not apply
Division 2 - Procedures for making development plans
28. Preparation of draft development plans
29. Approval of draft development plans
30. Public exhibition of draft development plans
31. Representations in respect of draft development plans
32. Consideration by Commission of draft development plan
and relevant representations
33. Report of Commission
34. Making of development plans
35. Amendment of development plans
36. Amendment of planning scheme to remove
inconsistencies
2
PART 5 - MATTERS TO BE TAKEN INTO
CONSIDERATION IN PLANNING SCHEMES AND
PERMITS
37. New planning scheme for planning area
38. Amendment of planning scheme for planning area
39. Application for permit in planning area
PART 6 - MISCELLANEOUS
40. Amendments to Urban Design Framework
41. Notice to remove signs
42. Annual report
43. Regulations
44. Administration of Act
45. Savings and transitional
46. Expiry
47. Consequential amendments
48. Act repealed
SCHEDULE 1 - OBJECTIVES
SCHEDULE 2 - MEMBERSHIP OF AUTHORITY
SCHEDULE 3 - MEETINGS OF AUTHORITY
SCHEDULE 4 - DESIGN PANEL
SCHEDULE 5 - SAVINGS AND TRANSITIONAL
PROVISIONS
SCHEDULE 6 - CONSEQUENTIAL AMENDMENTS
SCHEDULE 7 - ACT REPEALED
3
4
SULLIVANS COVE WATERFRONT
AUTHORITY BILL 2004
(Brought in by the Premier, the Honourable Paul Anthony
Lennon)
A BILL FOR
An Act to provide for planning and development in
the Sullivans Cove Planning Area and for related
matters
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
Short title
1. This Act may be cited as the Sullivans Cove Waterfront
Authority Act 2004.
Commencement
2. This Act commences on a day to be proclaimed.
Interpretation
3. (1) In this Act, unless the contrary intention appears -
[Bill 67] 5
s. 3 No. Sullivans Cove Waterfront Authority 2004
"Authority" means the Sullivans Cove Waterfront
Authority established under section 7;
"chief executive officer" means the chief
executive officer of the Authority appointed
under section 18;
"Commission" means the Resource Planning and
Development Commission established under
the Resource Planning and Development
Commission Act 1997;
"Design Panel" means the Sullivans Cove Design
Panel established under section 13;
"development plan" means a development plan
made under section 34 which outlines a
framework for future use or development
within the planning area;
"planning area" means the Sullivans Cove
Planning Area specified in section 4;
"sign" has the same meaning as in the Sullivans
Cove Planning Scheme 1997;
"Urban Design Framework" means -
(a) the document titled the Hobart
Waterfront Urban Design Framework,
May 2004 held in the office of the
Authority; or
(b) that document as amended under
section 40.
(2) Unless the contrary intention appears, an
expression used in this Act has the same meaning as it
has in the Land Use Planning and Approvals Act 1993.
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2004 Sullivans Cove Waterfront Authority No. s. 4
Sullivans Cove Planning Area
4. The Sullivans Cove Planning Area is the land, within
the Sullivans Cove Planning Scheme 1997, as amended
from time to time by the Authority with the agreement of
the Hobart City Council.
Act binds Crown
5. This Act binds the Crown in right of Tasmania and, so
far as the legislative power of Parliament permits, in all
its other capacities.
Objectives to be furthered
6. It is the duty of any person on whom a function is
imposed or a power is conferred under this Act to perform
the function or exercise the power in such a manner as to
further the objectives specified in Schedule 1.
7
s. 7 No. Sullivans Cove Waterfront Authority 2004
PART 2 - SULLIVANS COVE WATERFRONT
AUTHORITY
Establishment of Sullivans Cove Waterfront
Authority
7. (1) The Sullivans Cove Waterfront Authority is
established.
(2) The Authority -
(a) is a body corporate with perpetual succession;
and
(b) has a seal; and
(c) may sue and be sued in its corporate name.
(3) All courts and persons acting judicially must
take judicial notice of the imprint of the seal on a
document and presume that it was duly sealed.
Membership of Authority
8. (1) The Authority consists of 5 persons, appointed by
the Minister, who collectively have skills and experience in
business, urban design, architecture, heritage,
conservation, arts, culture, planning and public
administration -
(a) of whom one is the chairperson; and
(b) subject to subsection (2), of whom one is a
person selected by the Minister from a list of
names submitted to the Minister by the
Hobart City Council; and
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2004 Sullivans Cove Waterfront Authority No. s. 9
(c) of whom one is the Head of a State Service
Agency or a State Service officer or State
Service employee.
(2) The list referred to in subsection (1)(b) is not to
include a councillor, within the meaning of the Local
Government Act 1993.
(3) The Hobart City Council is to submit the list of
names referred to in subsection (1)(b) within a period
specified by the Minister (being a period of not more than
2 months).
(4) If the Hobart City Council does not submit a list
of names to the Minister, the Minister may nominate a
person for the purpose of subsection (1)(b).
(5) Schedule 2 has effect with respect to membership
of the Authority.
(6) Schedule 3 has effect with respect to meetings of
the Authority.
Functions of Authority
9. The Authority has the following functions:
(a) to identify and, where appropriate, maintain
and enhance the cultural, historic, social and
economic components of the planning area;
(b) to facilitate the use or development of land
and buildings in the planning area;
(c) to assess and approve the use or development
of land and buildings in the planning area;
(d) such other functions as may be imposed on it
by this Act or any other Act.
9
s. 10 No. Sullivans Cove Waterfront Authority 2004
Powers of Authority
10. (1) The Authority has power to do all things necessary
or convenient to be done in connection with the
performance of its functions.
(2) For the purposes of the Land Use Planning and
Approvals Act 1993, the Authority is the planning
authority in respect of the planning area, and is the only
person or body that may perform the functions and
exercise the powers of a planning authority under that Act
in that area.
(3) For the purposes of the Building Act 2000, the
Authority has the same powers, functions and duties as a
council under that Act in relation to the planning area and
is the only person or body that may perform the functions
and duties and exercise the powers of a council under that
Act in that area.
Making, widening, &c., of highways
11. (1) Without limiting section 10(1), the Authority, as it
considers necessary, in the planning area may -
(a) make and open, widen or extend a highway
under Division 1 of Part II of the Local
Government (Highways) Act 1982; and
(b) permanently close or divert a highway under
Division 2 of Part II of the Local Government
(Highways) Act 1982; and
(c) temporarily close a highway under Division 3
of Part II of the Local Government (Highways)
Act 1982; and
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2004 Sullivans Cove Waterfront Authority No. s. 12
(d) improve or light a highway, or light a public
place, under Division 2 of Part III of the Local
Government (Highways) Act 1982 -
as if the Authority were a corporation under the Local
Government (Highways) Act 1982.
(2) The powers of the Authority under subsection (1)
extend to all local highways under the Local Government
(Highways) Act 1982 in the planning area including local
highways maintainable by the Hobart City Council.
(3) Any works by the Authority involved in making
and opening, widening, extending, diverting, closing,
improving or lighting a highway under the Local
Government (Highways) Act 1982 are maintainable by the
Hobart City Council.
(4) The Authority is not to exercise the powers or
perform the functions of a corporation in subsection (1)
without the agreement of the Hobart City Council.
(5) The Hobart City Council is not to exercise the
powers or perform the functions of a corporation in
subsection (1)(a), (b) or (d) in the planning area without
the agreement of the Authority.
(6) If agreement under subsection (4) or (5) cannot
be reached between the Authority and the Hobart City
Council, the Minister is to determine the matter and such
a determination is binding on the Authority and the
Hobart City Council as if it were an agreement to which
they were parties.
Delegation by Authority
12. The Authority may delegate any of its functions or
powers under this Act other than this power of delegation.
11
s. 13 No. Sullivans Cove Waterfront Authority 2004
Design Panel
13. (1) The Authority is to establish a panel to be called
the Sullivans Cove Design Panel.
(2) The Design Panel consists of not more than 9
persons with skills and experience in one or more of the
following:
(a) planning;
(b) urban design;
(c) architecture;
(d) heritage;
(e) building construction;
(f) engineering;
(g) transport planning and traffic management;
(h) any other relevant expertise.
(3) The members of the Design Panel are appointed
by the Authority.
(4) A member of the Authority may be a member of
the Design Panel.
(5) The Authority is required to obtain the advice of
the Design Panel on any matter requiring expertise in the
areas referred to in subsection (2) such as the making of
development plans under Division 2 of Part 4.
(6) Schedule 4 has effect with respect to -
(a) the membership of the Design Panel; and
(b) the meetings of the Design Panel.
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2004 Sullivans Cove Waterfront Authority No. s. 14
Committees
14. (1) The Authority may from time to time establish
such committees as it considers necessary for the purpose
of assisting it in the performance of any of its functions or
the exercise of any of its powers or advising it on any
matter relating to this Act.
(2) A committee comprises such persons as the
Authority appoints.
(3) A member of the Authority may be a member of
a committee.
(4) Subject to subsection (5), a member of a
committee may be paid such remuneration and allowances
as the Minister determines.
(5) A member of a committee who is a State Service
officer or State Service employee is not entitled to
remuneration under subsection (4) except with the
approval of the Minister administering the State Service
Act 2000.
(6) The Authority may give written directions to a
committee and the committee must comply with those
directions.
(7) A committee is to keep accurate minutes of its
proceedings.
(8) Except as otherwise provided in this Act, a
committee may regulate its own proceedings.
Responsibilities in planning area
15. Nothing in this Act affects any responsibilities or
obligations of the Hobart City Council and the Hobart
Ports Corporation to provide services or maintain facilities
13
s. 16 No. Sullivans Cove Waterfront Authority 2004
within the planning area under the Council's or the
Corporation's jurisdiction.
Cooperation of management authorities
16. (1) The Hobart City Council and the Hobart Ports
Corporation, in consultation with the Authority, are to
coordinate matters in relation to land under the
jurisdiction of the Council or the Corporation in the
planning area, including -
(a) the promotion, organisation and conduct of
events; and
(b) the construction, establishment, maintenance
and operation of public facilities; and
(c) the carrying out of works; and
(d) improvements to the pedestrian and road
network.
(2) The Hobart City Council, if requested to do so by
the Authority, is to make available to the Authority any
records relating to planning and building matters in the
planning area.
Agreements with other persons
17. The Authority may enter into agreements with the
Hobart City Council and the Hobart Ports Corporation to
assist those bodies in coordinating and undertaking any
matters referred to in section 16.
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2004 Sullivans Cove Waterfront Authority No. s. 18
PART 3 - STAFF OF AUTHORITY
Chief executive officer
18. (1) The Minister may appoint a person, other than a
member of the Authority, as chief executive officer of the
Authority.
(2) The chief executive officer is entitled to be paid
the remuneration and allowances specified in his or her
instrument of appointment.
(3) The chief executive officer holds office for a term
of not more than 5 years on the terms and conditions
specified in his or her instrument of appointment and may
be reappointed.
Role of chief executive officer
19. (1) The chief executive officer is responsible for the
general administration and management of the Authority.
(2) The chief executive officer -
(a) is to perform any functions, and may exercise
any powers, delegated to the chief executive
officer by the Authority; and
(b) is to perform any other functions imposed on,
and may exercise any other powers conferred
on, the chief executive officer by this or any
other Act.
(3) For the purposes of the Building Act 2000, the
chief executive officer has the same powers, functions and
duties as a general manager or a permit authority in
relation to the planning area and is the only person that
may perform the functions and duties and exercise the
15
s. 20 No. Sullivans Cove Waterfront Authority 2004
powers of a general manager or a permit authority under
that Act in that area.
(4) The chief executive officer may delegate any
powers, functions or duties vested in the chief executive
officer under subsection (3) other than this power of
delegation.
Disclosure of interests
20. The chief executive officer must inform the Authority,
in writing, of any direct or indirect pecuniary interest that
he or she has in any business or body corporate that
carries on a business as soon as practicable after he or she
acquires, or becomes aware of, that interest.
Staff of Authority
21. The Authority may make arrangements with the
Secretary of the Department for such State Service officers
and State Service employees as the Authority considers
necessary to be made available to the Authority to enable
it to perform its functions and exercise its powers.
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2004 Sullivans Cove Waterfront Authority No. s. 22
PART 4 - DEVELOPMENT PLANS
Division 1 - Form and content of development plans
Form of development plans
22. Subject to this Act and the regulations, a development
plan or a draft development plan is to be in such form as
the Minister may direct.
Development plan provisions
23. (1) A development plan for an area -
(a) must seek to further the objectives set out in
Schedule 1; and
(b) must be prepared in accordance with State
Policies made under section 11 of the State
Policies and Projects Act 1993; and
(c) must have regard to the Urban Design
Framework and good urban design including
relationships between new and existing
developments; and
(d) must further the intent of the planning
scheme relating to the planning area; and
(e) may make any provision which relates to the
use, development, protection or conservation
of any land in the planning area; and
(f) must specify the land to which the
development plan applies.
(2) Without limiting subsection (1), a development
plan can -
17
s. 24 No. Sullivans Cove Waterfront Authority 2004
(a) regulate or prohibit the use or development of
land; and
(b) set out requirements for the provision of public
utility services to land; and
(c) designate requirements for or treatment of
public space; and
(d) designate the form and appearance of
buildings; and
(e) set out provisions relating to the
implementation in stages of uses or
developments of land; and
(f) designate requirements for improvements to
pedestrian and road networks; and
(g) require specified things to be done to the
satisfaction of the Authority.
Use and development must comply with
development plans
24. (1) A use or development of land subject to a
development plan must comply with the provisions of the
development plan and the planning scheme relating to the
planning area.
(2) If there is an inconsistency between a provision
of a development plan and the planning scheme relating to
the planning area, the provision of the development plan
prevails.
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2004 Sullivans Cove Waterfront Authority No. s. 25
Authority may require preparation of a
development plan before considering development
25. Notwithstanding anything contained in the planning
scheme relating to the planning area or the Land Use
Planning and Approvals Act 1993, the Authority may
defer consideration of an application for a permit under
section 43A or section 51 of the Land Use Planning and
Approvals Act 1993 until a development plan is made
under section 34.
Use or development in development plans
26. (1) A use or development of land referred to in a
development plan as a discretionary use or development is
a use or development under section 57 of the Land Use
Planning and Approvals Act 1993.
(2) A use or development of land referred to in a
development plan as a permitted use or development is a
use or development under section 58 of the Land Use
Planning and Approvals Act 1993.
(3) A use or development of land referred to in a
development plan as a prohibited use or development is a
use or development that, if applied for, the Authority must
refuse.
Division 2A of Part 3 of the Land Use Planning and
Approvals Act 1993 does not apply
27. Division 2A of Part 3 of the Land Use Planning and
Approvals Act 1993 does not apply to land subject to a
development plan.
19
s. 28 No. Sullivans Cove Waterfront Authority 2004
Division 2 - Procedures for making development
plans
Preparation of draft development plans
28. (1) The Authority may prepare a draft development
plan in relation to the planning area or any part of the
planning area.
(2) Upon completion of the preparation of a draft
development plan under subsection (1), the Authority is to
provide a copy of the plan to the Minister.
Approval of draft development plans
29. (1) The Minister may -
(a) approve a draft development plan -
(i) in the form in which it has been
submitted to the Minister; or
(ii) in that form, together with such
variations as the Minister may specify in
the approval; or
(b) refuse to approve the draft development plan.
(2) If the Minister refuses to approve the draft
development plan, the Minister must publish in the
Gazette the reasons for refusal.
Public exhibition of draft development plans
30. Where the Minister approves a draft development
plan under section 29, the Authority must -
20
2004 Sullivans Cove Waterfront Authority No. s. 31
(a) place a copy of the draft development plan on
public exhibition for a period of 2 months; and
(b) advertise, as prescribed, the exhibition of the
draft development plan.
Representations in respect of draft development
plans
31. (1) Where a draft development plan is placed on
public exhibition by the Authority in accordance with
section 30, representations in relation to that draft
development plan may be submitted to the Authority by
any person before the expiration of the exhibition period
referred to in section 30(a).
(2) The Authority must, not later than the
expiration of 3 months after the exhibition period referred
to in section 30 or such further period as the Minister
allows, forward to the Commission a report comprising -
(a) a copy of the draft development plan; and
(b) a copy of each representation received by the
Authority in relation to the draft development
plan; and
(c) a statement of its opinion as to the merit of
each such representation, including, in
particular, its views as to -
(i) the need for modification of the draft
development plan in the light of that
representation; and
(ii) the impact of that representation on the
draft development plan as a whole; and
21
s. 32 No. Sullivans Cove Waterfront Authority 2004
(d) such recommendations in relation to the draft
development plan as the Authority considers
necessary.
(3) If there are no representations received by the
Authority in the exhibition period referred to in
section 30(a), the Authority must forward to the
Commission a report comprising advice to this effect, a
copy of the draft development plan and such
recommendations in relation to the draft development
plan as the Authority considers necessary.
Consideration by Commission of draft development
plan and relevant representations
32. (1) The Commission must consider the draft
development plan and any representations, statements
and recommendations contained in a report of the
Authority forwarded under section 31(2) or (3).
(2) Within 21 days of receipt of a report of the
Authority forwarded under section 31(2) or (3), or within
any further period the Minister allows, the Commission is
to decide whether or not to hold a hearing to assist in
preparing its report under section 33.
(3) If the Commission decides to hold a hearing, the
Commission is to notify the Minister of that decision.
(4) If the Commission decides not to hold a hearing,
the Commission, within 14 days of making that decision,
is to give written notice of that decision to -
(a) the Authority; and
(b) the Minister; and
(c) any person who has submitted a
representation under section 31(1).
22
2004 Sullivans Cove Waterfront Authority No. s. 33
(5) A hearing is to be conducted in accordance with
Part 3 of the Resource Planning and Development
Commission Act 1997.
Report of Commission
33. (1) The Commission, within 3 months after the
submission of a report of the Authority under section 31(2)
or (3), or such further period as the Minister allows, is to
provide the Minister with -
(a) a report of its consideration under section 32
including any recommendations in relation to
the draft development plan; and
(b) a copy of the report of the Authority forwarded
under section 31(2) or (3).
(2) As soon as practicable after the period referred to
in subsection (1), the Commission is to publish in the
Gazette notice of -
(a) the making of its report; and
(b) where copies of its report are available for
inspection by the public.
Making of development plans
34. (1) After considering a report prepared by the
Commission under section 33(1), the Minister may -
(a) make a development plan in accordance with
the draft development plan, subject to any
recommended modifications in that report
being made to the draft development plan to
the satisfaction of the Commission; or
23
s. 35 No. Sullivans Cove Waterfront Authority 2004
(b) refuse to make a development plan.
(2) If the Minister makes a development plan -
(a) the plan must be signed by the Minister; and
(b) the Minister must advise the Authority of the
Minister's making of the plan; and
(c) the Authority must give notice of the
Minister's making of the plan as prescribed.
(3) If the Minister refuses to make a development
plan, the Minister must publish in the Gazette the reasons
for refusal.
(4) Notwithstanding any failure to comply with a
procedural provision of this Part, a development plan
comes into operation on the date on which it is signed.
(5) When a development plan comes into operation,
any existing development plan covering the area to which
the new development plan applies does not apply to that
area.
(6) A copy of a development plan is to be available
for public inspection, without charge, at the office of the
Authority during office hours.
Amendment of development plans
35. (1) A development plan may be amended or repealed,
in whole or in part, by a subsequent development plan.
(2) Notwithstanding subsection (1), the Minister
may amend a development plan on the advice of the
Commission if the Minister is satisfied the public interest
will not be prejudiced and the amendment is for -
24
2004 Sullivans Cove Waterfront Authority No. s. 36
(a) the correction of any error in the development
plan; or
(b) the removal of any anomaly in the
development plan.
Amendment of planning scheme to remove
inconsistencies
36. (1) As soon as practicable after the making of a
development plan under section 34(1), the Commission
must, in consultation with the Authority, amend the
planning scheme relating to the planning area to remove
any inconsistency between the planning scheme and the
development plan.
(2) The Land Use Planning and Approvals Act 1993
does not apply to an amendment made under
subsection (1).
(3) Where the Commission amends the planning
scheme under subsection (1) -
(a) the amendment is taken to have come into
operation on the date on which the
development plan was made; and
(b) the Commission must give notice, as
prescribed, of the amendment.
25
s. 37 No. Sullivans Cove Waterfront Authority 2004
PART 5 - MATTERS TO BE TAKEN INTO
CONSIDERATION IN PLANNING SCHEMES AND
PERMITS
New planning scheme for planning area
37. In relation to a new planning scheme for the planning
area, the scheme, in addition to the matters specified in
section 20 of the Land Use Planning and Approvals Act
1993, must have regard to the Urban Design Framework.
Amendment of planning scheme for planning area
38. In relation to the amendment of a planning scheme for
the planning area, the amendment, in addition to the
matters specified in section 32 of the Land Use Planning
and Approvals Act 1993, must have regard to the Urban
Design Framework.
Application for permit in planning area
39. In relation to determining an application for a permit
in the planning area, the Authority, in addition to the
matters specified in section 43C or section 51(2) of the
Land Use Planning and Approvals Act 1993, must take
into consideration the Urban Design Framework.
26
2004 Sullivans Cove Waterfront Authority No. s. 40
PART 6 - MISCELLANEOUS
Amendments to Urban Design Framework
40. (1) If the Authority wishes to amend the Urban
Design Framework, the Authority must -
(a) place a copy of the draft amended Urban
Design Framework on public exhibition for a
period of 28 days; and
(b) advertise, as prescribed, the exhibition of the
draft amended Urban Design Framework.
(2) Where the draft amended Urban Design
Framework is placed on public exhibition by the Authority
in accordance with subsection (1), comments in relation to
the draft amended Urban Design Framework may be
submitted to the Authority by a person before the
expiration of the exhibition period referred to in
subsection (1)(a).
(3) The Authority must forward a report to the
Minister comprising -
(a) a copy of the draft amended Urban Design
Framework; and
(b) a copy of any comments received by the
Authority in relation to the draft amended
Urban Design Framework; and
(c) such comments or recommendations in
relation to the draft amended Urban Design
Framework as the Authority considers
necessary.
(4) After the Minister has considered the report of
the Authority forwarded to the Minister under
subsection (3), the Minister may recommend to the
27
s. 41 No. Sullivans Cove Waterfront Authority 2004
Governor that the Urban Design Framework be amended
in accordance with the draft amended Urban Design
Framework.
(5) The Governor may by order amend the Urban
Design Framework in accordance with the draft amended
Urban Design Framework.
Notice to remove signs
41. (1) If a person is erecting or placing or has erected or
placed a sign within the planning area without the issue of
a permit under the planning scheme relating to the
planning area, the Authority may do one or more of the
following:
(a) by written notice given to the person, require
the person to cease erecting or placing the
sign;
(b) by written notice given to the person, require
the person to remove the sign or that part of
the sign that has been erected or placed;
(c) by written notice given to the person, require
the person to take all action necessary to
restore the land to the condition it was in
before the person erected or placed, or started
erecting or placing, the sign;
(d) take all action necessary to remove the sign or
that part of the sign that has been erected or
placed and restore the land to the condition it
was in before the person erected or placed, or
started erecting or placing, the sign.
(2) If the Authority takes any action under
subsection (1)(d), the Authority, by written notice given to
the person who is erecting or placing or has erected or
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2004 Sullivans Cove Waterfront Authority No. s. 42
placed a sign in the planning area, may require the person
to pay the reasonable costs of that action, and those
costs -
(a) are a debt due and payable to the Crown; and
(b) may be recovered in a court of competent
jurisdiction.
(3) If the Authority takes any action under
subsection (1)(d), the Authority is not liable for any
damages caused to the sign through the removal of the
sign or the storage of the sign on its removal.
Annual report
42. (1) The Authority is to give the Minister an annual
report in respect of each financial year.
(2) The annual report is to include -
(a) a report on the performance and exercise of
the Authority's functions and powers; and
(b) the financial statements of the Authority; and
(c) the Auditor-General's report on those financial
statements; and
(d) any information that the Minister requires, by
written notice provided to the Authority, to be
included; and
(e) any other information that the Authority
considers appropriate to be included.
(3) The financial statements included in the annual
report are to -
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s. 42 No. Sullivans Cove Waterfront Authority 2004
(a) be prepared and certified as specified in a
direction given under subsection (4); and
(b) present fairly -
(i) the financial transactions of the
Authority during the financial year to
which the report relates; and
(ii) the state of affairs of the Authority at
the end of that financial year; and
(c) be given to the Auditor-General not later than
15 August after the end of the financial year to
which the report relates.
(d) comply with any other direction given under
subsection (4).
(4) The Treasurer may give written directions to the
Authority in respect of the form, contents, preparation,
certification and provision of its financial statements.
(5) Directions under subsection (4) may adopt, either
wholly or in part, with or without modification and either
specifically or by reference, any of the Treasurer's
Instructions under the Financial Management and Audit
Act 1990.
(6) The annual report may be appended to the
annual report of the Department.
(7) Subsection (2) has effect notwithstanding section
36(3) of the State Service Act 2000 or section 27(2) of the
Financial Management and Audit Act 1990.
(8) If the Authority's annual report is not appended
to the annual report of the Department, the Minister is to
cause the Authority's annual report to be laid before each
House of Parliament by not later than 31 October after the
end of the financial year to which it relates.
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2004 Sullivans Cove Waterfront Authority No. s. 43
(9) If the Minister is unable to cause a copy of the
annual report to be laid before a House of Parliament by
the date specified in subsection (8) because that House is
not sitting on that day, the Minister is to -
(a) cause a copy of the annual report to be
forwarded to the Clerk of that House of
Parliament immediately after that day; and
(b) cause a copy of the annual report to be laid
before that House within the next 7 sitting-
days of that House.
Regulations
43. (1) The Governor may make regulations for the
purposes of this Act.
(2) Without limiting subsection (1), the regulations
may provide for fees payable in respect of any matter
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 any
person or body specified in the regulations.
Administration of Act
44. 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 Premier; and
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s. 45 No. Sullivans Cove Waterfront Authority 2004
(b) the department responsible to the Premier in
relation to the administration of this Act is the
Department of Primary Industries, Water and
Environment.
Savings and transitional
45. Schedule 5 has effect with respect to savings and
transitional provisions.
Expiry
46. This Act expires 10 years after it commences
(inclusive of the day on which it commences).
Consequential amendments
47. The legislation specified in Schedule 6 is amended as
specified in that Schedule.
Act repealed
48. The Act specified in Schedule 7 is repealed.
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2004 Sullivans Cove Waterfront Authority No. sch. 1
SCHEDULE 1 - OBJECTIVES
Section 6 and section 23(1)(a)
PART 1 - OBJECTIVES OF THE RESOURCE MANAGEMENT
AND PLANNING SYSTEM OF TASMANIA
1. The objectives of the resource management and
planning system of Tasmania are -
(a) to promote the sustainable development of
natural and physical resources and the
maintenance of ecological processes and
genetic diversity; and
(b) to provide for the fair, orderly and sustainable
use and development of air, land and water;
and
(c) to encourage public involvement in resource
management and planning; and
(d) to facilitate economic development in
accordance with the objectives set out in
paragraphs (a), (b) and (c); and
(e) to promote the sharing of responsibility for
resource management and planning between
the different spheres of Government, the
community and industry in the State.
2. In item 1(a) -
"sustainable development" means managing the
use, development and protection of natural
and physical resources in a way, or at a rate,
which enables people and communities to
provide for their social, economic and cultural
wellbeing and for their health and safety
while -
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sch. 1 No. Sullivans Cove Waterfront Authority 2004
(a) sustaining the potential of natural and
physical resources to meet the
reasonably foreseeable needs of future
generations; and
(b) safeguarding the life-supporting
capacity of air, water, soil and
ecosystems; and
(c) avoiding, remedying or mitigating any
adverse effects of activities on the
environment.
PART 2 - OBJECTIVES OF THE PLANNING PROCESS
ESTABLISHED BY THIS ACT
The objectives of the planning process established by this
Act are, in support of the objectives set out in Part 1 of
this Schedule -
(a) to require sound strategic planning and co-
ordinated action by State and local
government; and
(b) to establish a system of planning instruments
to be the principal way of setting objectives,
policies and controls for the use, development
and protection of land; and
(c) to ensure that the effects on the environment
are considered and provide for explicit
consideration of social and economic effects
when decisions are made about the use and
development of land; and
(d) to require land use and development planning
and policy to be easily integrated with
environmental, social, economic, conservation
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2004 Sullivans Cove Waterfront Authority No. sch. 1
and resource management policies at State,
regional and municipal levels; and
(e) to provide for the consolidation of approvals
for land use or development and related
matters, and to co-ordinate planning
approvals with related approvals; and
(f) to secure a pleasant, efficient and safe
working, living and recreational environment
for all Tasmanians and visitors to Tasmania;
and
(g) to conserve those buildings, areas or other
places which are of scientific, aesthetic,
architectural or historical interest, or
otherwise of special cultural value; and
(h) to protect public infrastructure and other
assets and enable the orderly provision and co-
ordination of public utilities and other
facilities for the benefit of the community; and
(i) to provide a planning framework which fully
considers land capability.
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sch. 2 No. Sullivans Cove Waterfront Authority 2004
SCHEDULE 2 - MEMBERSHIP OF AUTHORITY
Section 8(5)
Interpretation
1. In this Schedule -
"member" means a member of the Authority.
Term of office
2. A member is appointed for such period, not exceeding 3
years, as is specified in the member's instrument of
appointment and, if eligible, may be reappointed.
Holding other office
3. The holder of an office who is required by the terms of
his or her employment to devote the whole of his or her
time to the duties of that office is not disqualified from -
(a) holding that office and also the office of a
member; or
(b) accepting any remuneration payable to a
member.
State Service Act 2000
4. (1) The State Service Act 2000 does not apply in
relation to a member in his or her capacity as a member.
(2) A person may hold the office of member in
conjunction with State Service employment.
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2004 Sullivans Cove Waterfront Authority No. sch. 2
Remuneration and conditions of appointment
5. (1) A member is entitled to be paid such remuneration
and allowances as the Minister determines.
(2) A member who is a State Service officer or State
Service employee is not entitled to remuneration or
allowances under this clause except with the approval of
the Minister administering the State Service Act 2000.
(3) A member holds office on such conditions in
relation to matters not provided for by this Act as are
specified in the member's instrument of appointment.
Vacation of office
6. (1) A member vacates office if he or she -
(a) dies; or
(b) resigns by written notice given to the Minister;
or
(c) is removed from office pursuant to
subclause (2) or (3).
(2) The Minister may remove a member from office
if the member -
(a) is absent from 2 consecutive meetings of the
Authority without the permission of the
Authority; or
(b) becomes bankrupt, applies to take the benefit
of any law for the relief of bankrupt or
insolvent debtors, compounds with the
member's creditors or makes an assignment of
the member's remuneration or estate for their
benefit; or
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sch. 2 No. Sullivans Cove Waterfront Authority 2004
(c) is convicted, in Tasmania or elsewhere, of a
crime or an offence punishable by
imprisonment for a term of 12 months or
longer or a fine of 300 penalty units or more;
or
(d) fails to disclose a pecuniary interest as
required under clause 8 of Schedule 3.
(3) The Minister may remove a member from office
if satisfied that the member is unable to perform
adequately or competently the duties of office.
Filling of vacancies
7. If the office of a member becomes vacant, the Minister
may appoint a person to the vacant office for the
remainder of the member's term of office if the Minister is
satisfied that the person has the skills and experience
necessary to enable the Authority to perform its functions.
Validation of proceedings, &c.
8. (1) An act or proceeding of the Authority or of a person
acting under a direction of the Authority is not invalidated
by reason only that at the time when the act or proceeding
was done, taken or commenced there was a vacancy in the
office of a member.
(2) All acts and proceedings of the Authority or of a
person acting under a direction of the Authority are,
despite the subsequent discovery of a defect in the
appointment of a member or that any other person was
disqualified from acting as, or incapable of being, a
member, as valid as if the member had been duly
appointed and was qualified to act as, or capable of being,
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2004 Sullivans Cove Waterfront Authority No. sch. 2
a member, and as if the Authority had been fully
constituted.
Presumptions
9. In any proceeding by or against the Authority, unless
evidence is given to the contrary, proof is not required of -
(a) the constitution of the Authority; or
(b) the appointment of any member.
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sch. 3 No. Sullivans Cove Waterfront Authority 2004
SCHEDULE 3 - MEETINGS OF AUTHORITY
Section 8(6)
Interpretation
1. In this Schedule -
"member" means a member of the Authority.
Convening of meetings
2. (1) The chairperson of the Authority, after giving each
member reasonable notice of a meeting -
(a) may convene a meeting at any time; and
(b) must convene a meeting when requested to do
so by 2 or more other members.
(2) If the chairperson of the Authority is absent from
duty or otherwise unable to perform the duties of the
office, a meeting may be convened, after reasonable notice
of the meeting has been given, by -
(a) two or more other members; or
(b) a person authorised by the Authority to do so.
(3) For the purposes of subclauses (1) and (2), what
constitutes reasonable notice is to be determined by the
Authority.
Presiding at meetings
3. (1) The chairperson of the Authority is to preside at all
meetings of the Authority at which he or she is present.
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2004 Sullivans Cove Waterfront Authority No. sch. 3
(2) If the chairperson is not present at a meeting of
the Authority, a member elected by the members present
at the meeting is to preside.
Quorum and voting at meetings
4. (1) At a meeting of the Authority, a quorum is
constituted by a majority of the total number of members
appointed.
(2) A meeting of the Authority at which a quorum is
present is competent to transact any business of the
Authority.
(3) At a meeting of the Authority -
(a) the member presiding has a deliberative vote
only; and
(b) a question is decided -
(i) by a majority of votes of the members
present and voting; or
(ii) in the negative if there is an equality of
votes of the members present and
voting.
(4) At a meeting of the Authority where a member is
excluded from being present and taking part in the
consideration and decision of the Authority in relation to a
matter, a quorum for the purposes of considering and
making a decision in relation to the matter is constituted
by the number of members specified as constituting a
quorum in subclause (1) less the number of members so
excluded.
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sch. 3 No. Sullivans Cove Waterfront Authority 2004
Conduct of meetings
5. (1) Subject to this Act, the Authority may regulate the
calling of, and the conduct of business at, its meetings as it
considers appropriate.
(2) The Authority may permit members to
participate in a particular meeting or all meetings by -
(a) telephone; or
(b) video conference; or
(c) any other means of communication approved
by the Authority.
(3) A member who participates in a meeting under a
permission granted under subclause (2) is taken to be
present at the meeting.
(4) Without limiting subclause (1), the Authority
may allow a person to attend a meeting for the purpose of
advising or informing it on any matter.
Resolutions without meetings
6. (1) If all members appointed sign a document
containing a statement that they are in favour of a
resolution in the terms set out in the document, a
resolution in those terms is taken to have been passed at a
meeting of the Authority held on the day on which the
document is signed or, if the members do not sign it on the
same day, on the day on which the last of the members
signs the document.
(2) If a resolution is taken to have been passed
under subclause (1), each member is to be -
(a) advised immediately of the matter; and
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2004 Sullivans Cove Waterfront Authority No. sch. 3
(b) given a copy of the terms of the resolution.
(3) For the purposes of subclause (1), 2 or more
separate documents containing a statement in identical
terms, each of which is signed by one or more members, is
taken to constitute one document.
Minutes
7. The Authority is to keep accurate minutes of its
meetings.
Disclosure of interests
8. (1) If a member has a direct or indirect pecuniary
interest in a matter being considered, or about to be
considered, by the Authority, the member must, as soon as
practicable after the relevant facts come to the member's
knowledge, disclose the nature of the interest to the
Authority.
Penalty: Fine not exceeding 100 penalty units or a
term of imprisonment not exceeding 3
months, or both.
(2) A disclosure under subclause (1) is to be recorded
in the minutes of the Authority and, unless the Authority
otherwise determines, the member who has made the
disclosure must not -
(a) be present during any deliberation of the
Authority in relation to the matter; or
(b) take part in any decision of the Authority in
relation to the matter.
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sch. 3 No. Sullivans Cove Waterfront Authority 2004
(3) For the purpose of making a determination
under subclause (2), the member to whom the
determination relates must not -
(a) be present during any deliberation of the
Authority for the purpose of making the
determination; or
(b) take part in making the determination.
(4) Subclause (1) does not apply -
(a) in respect of a contract for services supplied by
the Authority if those services are ordinarily
supplied by the Authority and are supplied on
the same terms as they are ordinarily supplied
to other persons in the same situation; or
(b) in respect of an interest that arises only
because the member is also a State Service
officer or State Service employee.
General procedure
9. Except as provided by this Act, the Authority may
regulate its own proceedings.
Presumptions
10. In any proceeding by or against the Authority, unless
evidence is given to the contrary, proof is not required of -
(a) any resolution of the Authority; and
(b) the presence of a quorum at any meeting of
the Authority.
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2004 Sullivans Cove Waterfront Authority No. sch. 4
SCHEDULE 4 - DESIGN PANEL
Section 13(6)
Conditions of appointment
1. (1) A member of the Design Panel is entitled to be paid
such remuneration and allowances as the Minister
determines.
(2) A member of the Design Panel holds that office
for the term, and on the conditions, determined by the
Authority.
(3) A member of the Design Panel who is a State
Service officer or State Service employee is not entitled to
remuneration or allowances under this clause except with
the approval of the Minister administering the State
Service Act 2000.
Vacation of office
2. (1) A member of the Design Panel vacates office if he or
she -
(a) dies; or
(b) resigns by written notice given to the Minister;
or
(c) is removed from office pursuant to
subclause (2) or (3).
(2) The Authority may remove a member of the
Design Panel from office if the member -
(a) is convicted, in Tasmania or elsewhere, of a
crime or an offence punishable by
imprisonment for a term of 12 months or
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sch. 4 No. Sullivans Cove Waterfront Authority 2004
longer or a fine of 300 penalty units or more;
or
(b) fails to disclose a pecuniary interest as
required under clause 5.
(3) The Authority may remove a member of the
Design Panel from office if satisfied that the member is
unable to perform adequately or competently the duties of
office.
Filling of vacancies
3. If the office of a member of the Design Panel becomes
vacant, the Authority may appoint a person to the vacant
office for the remainder of that member's term of office if
the Authority is satisfied that the person has the skills
and experience necessary to enable the Design Panel to
perform its functions.
Meetings
4. (1) Meetings of the Design Panel are to be held in
accordance with any directions given by the Authority.
(2) If a member of the Authority is a member of the
Design Panel, that member is to preside at all meetings of
the Design Panel at which he or she is present.
(3) If no member of the Authority is a member of the
Design Panel, the chief executive officer is to preside at all
meetings of the Design Panel at which he or she is
present.
(4) The Design Panel may obtain assistance,
information and advice from any person.
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2004 Sullivans Cove Waterfront Authority No. sch. 4
(5) The Design Panel is to keep accurate minutes of
its proceedings.
(6) Except as provided by this Schedule, the Design
Panel may regulate the calling of, and the conduct of
business at, its meetings.
Disclosure of interests
5. (1) If a member of the Design Panel has a direct or
indirect pecuniary interest in a matter being considered,
or about to be considered, by the Design Panel, the
member, as soon as practicable after the relevant facts
come to the member's knowledge, must disclose the nature
of the interest to a meeting of the Design Panel.
Penalty: Fine not exceeding 100 penalty units or a
term of imprisonment not exceeding 3
months, or both.
(2) A disclosure under subclause (1) is to be recorded
in the minutes of the meeting and, unless the Design
Panel otherwise determines, the member who has made
the disclosure must not -
(a) be present during any deliberation of the
Design Panel in relation to the matter; or
(b) take part in any decision of the Design Panel
in relation to the matter.
(3) For the purpose of making a determination
under subclause (2), the member of the Design Panel to
whom the determination relates must not -
(a) be present during any deliberation of the
Design Panel for the purpose of making the
determination; or
(b) take part in making the determination.
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sch. 4 No. Sullivans Cove Waterfront Authority 2004
(4) Subclause (1) does not apply in respect of an
interest that arises only because the member of the Design
Panel is also a State Service officer or State Service
employee.
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2004 Sullivans Cove Waterfront Authority No. sch. 5
SCHEDULE 5 - SAVINGS AND TRANSITIONAL
PROVISIONS
Section 45
Interpretation
1. In this Schedule -
"planning authority" means the Hobart City
Council.
Provisions relating to applications for permits
2. (1) On the commencement of this Act, an application
for a permit under the planning scheme which the
planning authority has not granted or has refused to grant
is taken to be an application to the Authority.
(2) The planning authority must, not later than 14
days after the commencement of this Act, supply the
Authority with any application referred to in subclause (1)
and any associated documents.
(3) The period specified in section 57(6)(b) or section
58(2) of the Land Use Planning and Approvals Act 1993
commences on the day on which the Authority receives the
application referred to in subclause (1) from the planning
authority.
Provisions relating to planning approvals
3. (1) On the commencement of this Act, if an appeal has
been lodged under Division 3 of Part 4 of the Land Use
Planning and Approvals Act 1993 against a decision of the
planning authority, the appeal is to be dealt with as if this
Act had not been enacted.
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sch. 5 No. Sullivans Cove Waterfront Authority 2004
(2) On and from the commencement of this Act, if a
person has a right of appeal under Division 3 of Part 4 of
the Land Use Planning and Approvals Act 1993 against a
decision of the planning authority, that right continues as
if this Act had not been enacted.
Provisions relating to planning scheme
amendments
4. On the commencement of this Act, if the Commission
has received a report under section 39 of the Land Use
Planning and Approvals Act 1993 from the planning
authority, the consideration by the Commission under
section 40 of that Act continues as if this Act had not been
enacted.
Proceedings under section 63 of the Land Use
Planning and Approvals Act 1993
5. On the commencement of this Act, any proceedings
already commenced by the planning authority against a
person for a contravention under section 63 of the Land
Use Planning and Approvals Act 1993 continue as if this
Act had not been enacted.
Proceedings under section 63A of the Land Use
Planning and Approvals Act 1993
6. On the commencement of this Act, any proceedings
already commenced against the planning authority under
section 63A of the Land Use Planning and Approvals Act
1993 continue as if this Act had not been enacted.
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2004 Sullivans Cove Waterfront Authority No. sch. 5
Proceedings under section 64 of the Land Use
Planning and Approvals Act 1993
7. On the commencement of this Act, any proceedings
already commenced by the planning authority to seek an
order under section 64 of the Land Use Planning and
Approvals Act 1993 continue as if this Act had not been
enacted.
Applications, permits, consents, certificates,
approvals or authorisations under Building Act
2000
8. This Act does not apply to any application, permit,
consent, certificate, approval or authorisation made,
granted or in force under the Building Act 2000 before
commencement of this Act.
Notices, orders or proceedings under Building Act
2000
9. This Act does not apply to any notice, order or
proceedings made, issued or instituted under the Building
Act 2000 before commencement of this Act.
Appeals or applications under Building Act 2000
10. This Act does not apply to any appeal or application to
the Building Appeal Board made under the Building Act
2000 before commencement of this Act.
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sch. 6 No. Sullivans Cove Waterfront Authority 2004
SCHEDULE 6 - CONSEQUENTIAL AMENDMENTS
Section 47
Building Act 2000
1. Section 5 is amended by inserting ", except the
Sullivans Cove Waterfront Authority Act 2004," after
"under any other Act".
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2004 Sullivans Cove Waterfront Authority No. sch. 7
SCHEDULE 7 - ACT REPEALED
Section 48
Sullivans Cove Planning Act 1995 (No. 101 of 1995)
Government Printer, Tasmania 53