Tasmanian Bills Clause Notes Tasmanian Bills Clause Notes[Index] [Search] [Download] [Bill] [Help]
CLAUSE NOTES
CLAUSE NOTES
Nation Building and Jobs Plan Facilitation (Tasmanian) Bill 2009
PART 1 PREMILINARY
CLAUSE 1 - SHORT TITLE
This clause provides the short title to be used when citing the Bill for any legal
purpose.
CLAUSE 2 - COMMENCEMENT
The Bill commences on the day that it receives Royal Assent.
CLAUSE 3 - INTERPRETATION
Several key terms used in the Bill are defined in this section, including:
· Construction works
· EPA Director
· Key particulars
· Law of the State
· Local newspaper
· NPA
· NPA project
· Planning Act
· Planning Minister
· Planning permit
· Planning scheme
· Project
· Project Authority
· Proponent
· Regulations
· Relevant council
· Relevant planning scheme
· Relevant use or development
· School infrastructure
· Site
· Social housing
In the absence of an intention in this Bill to the contrary, the definitions used in
the Land Use Planning and Approvals 1993 also apply in this Bill.
CLAUSE 4 - ACT BINDS THE CROWN
This clause discloses an express legislative intention that the Bill binds the
Crown in right of Tasmania.
PART 2 DECLARATION OF NPA
CLAUSE 5 - DECLARATION OF NPA PROJECT
This clause sets out the process by which a project becomes an "NPA project"
for the purposes of this Bill.
This clause provides that the Treasurer can declare a project to be an NPA
project where he is satisfied it is a social housing project, school infrastructure
project, or project of a type prescribed in regulations, that progresses the
National Partnership Agreement on the National Building and Jobs Plan: Building
Prosperity for the Future and Supporting Jobs, and it has not been previously
refused a planning permit.
A declaration is made by notice in the Gazette which, pursuant to sub clause (2),
is to include:
· a statement of whether the project is a social housing project, school
infrastructure project or project of a type prescribed by regulations;
· information as to the use or development of the project;
· information on the site of the project;
· a brief description of the project (including the scope and nature of the
required works);
· the identity and business address of the proponent of the project; and
· any other information that the Treasurer considers necessary or
expedient.
The Treasurer must notify the council of the municipal area in which the project is
undertaken of the declaration and invite the council to make representations in
writing within the timeframe specified, to the proponent of the project, pursuant to
sub-clause (3).
CLAUSE 6 - EFFECT OF DECLARATION
This clause sets out the effect of a declaration made pursuant to clause 5.
Where a project has been declared an NPA project and in the absence of clause
13 being in operation, the Land Use Planning and Approvals Act 1993 and any
planning scheme, special planning order, planning directive or interim order,
made under the Land Use Planning and Approvals Act 1993, do not apply.
Construction work (as defined in clause 6(2)) cannot commence, however, until
the NPA project has been certified under clause 12.
CLAUSE 7 - PUBLIC CONSULTATION
Clause 7 requires that, once a declaration has been made then:
· The proponent must publish a notice in a daily newspaper (published in
Tasmania and circulated generally in the same region as that in which the
project is undertaken) containing the information set out in that clause;
and
· The proponent is to exhibit the following information, as defined in clause
7(4), consistent with that notice:
o Whether the project is a social housing project, school infrastructure
project or project of a type prescribed by regulations;
o Information as to the use or development of the project;
o The site of the project;
o A brief description of the project (including the scope and nature of the
required works);
o The identity and business address of the proponent of the project; and
o Building and site plans, if available.
Clause 7(3) allows the information to be exhibited by electronic means, however
hard copies must also be available.
CLAUSE 8 - ENVIRONMENTAL CONSULTATION
The effect of this clause is to require the proponent to consult with the Director,
Environment Protection Authority, where the project would have required a
planning permit and or amendment to the relevant planning scheme, in order to
proceed.
CLAUSE 9 - REPRESENTATIONS AND CONSULTATION
This clause establishes mechanisms for consultation.
Clause 9(1) provides that councils notified by the Treasurer pursuant to clause
5(3) may make representations to the proponent about the project, in accordance
with the Treasurer's notification.
Clause 9(2) provides that the Director, Environment Protection Authority, can
make representations in response to a notice under clause 8.
Clause 9(3) provides that any other person may make representations in
response to a notice published in a newspaper pursuant to clause 7(1), in
accordance with the notice published.
Clause 9(4) provides the proponent with the power to consult any other person
that it wishes about the project.
Clause 9(5) provides:
· in the case of a social housing project, the Director of Housing;
· in the case of a school infrastructure project, the Secretary of the
Department of Education; and
· in the case of any other prescribed project, the person prescribed, With
the power to consult any person that it wishes about the project and
request information about the project from the proponent.
CLAUSE 10 CONSIDERATION OF REPRESENTATIONS AND MODIFICATION OF PROJECT
This clause establishes a process for modifying the project in light of the
consultation undertaken and other relevant matters.
The proponent has to consider representations made, pursuant to clause 8, by
the council and by any other person and consider other matters relevant to the
project, which includes, but are not limited to, those matters set out in clause
10(4).
Clause 10(3) provides the proponent with the power to modify the project after
considering the representations from the council or other persons, or other
relevant matters, however, the project may not be modified so as to change the
site, increase its overall scale or substantially change the use and development.
PART 3 CERTIFICATION OF NPA PROJECT
CLAUSE 11 APPLICATION
This clause establishes the process for applying for certification of the project.
Clause 11(1) and (2) provide that once the proponent has followed all of the
procedures set out in Part 2 of the Bill, it may apply to:
· in the case of a social housing project, the Director of Housing;
· in the case of a school infrastructure project, the Secretary of the
Department of Education; and
· in the case of any other prescribed project, the person prescribed,
To have the project certified to be an NPA Project.
Clause 11(3) provides that in applying for certification, the proponent must
comply with any requirements and pay any fees, set out in regulations.
On receiving the application for certification:
· in the case of a social housing project, the Director of Housing;
· in the case of a school infrastructure project, the Secretary of the
Department of Education; and
· in the case of any other prescribed project, the person prescribed,
Has the power to make enquiries of any person, or seek any further information
or evidence from the proponent, that it requires to properly consider the
application, pursuant to clause 12(1).
CLAUSE 12 CERTIFICATION
This clause sets out the process for certifying a project to be an NPA project.
Where:
· in the case of a social housing project, the Director of Housing;
· in the case of a school infrastructure project, the Secretary of the
Department of Education; and
· in the case of any other prescribed project, the person prescribed,
Is satisfied that:
· the application is valid;
· the actions required by clauses 5(3), 7 and if applicable, 8 have been
taken;
· representations, if any, have been considered;
· the concerns of the Director, Environment Protection Authority have been
adequately addressed; and
· modifications, if any, made the project are in accordance with clause 10.
Then it may:
· certify, in writing, that the project is a project declared pursuant to clause
5;
· accord the relevant use or development to the project (this may include a
use or development associated with the project), pursuant to clauses
12(3); and
· provide notification of the certification: in the Gazette and to the relevant
council; to the Director, Environment Protection Authority, and in any other
way that it may consider necessary, pursuant to clause12(4).
CLAUSE 13 EFFECT OF CERTIFICATION
This clause sets out the effect of a certification made pursuant to clause 12.
Where a project is certified to be an NPA project, construction of that project may
commence in accordance with the certification subject to other regulatory
requirements (e.g., heritage) being satisfied, and:
· If the planning scheme that would have applied, had it not been for clause
6(1), does not require amendment (as specified in clause 14) the Land
Use Planning and Approvals Act 1993 applies to the use and
development, pursuant to clause 13(3)(a); or
· If the planning scheme that would have applied, had it not been for clause
6(1), provides that the use and development pertaining to the project, is
only to be permitted if a planning permit is granted, then the Land Use
Planning and Approvals Act 1993 applies and the certification is taken to
be a planning permit authorising the use and development as set out in
the certification, pursuant to 13(3)(b); or
· If the planning scheme that would have applied, had it not been for clause
6(1), requires amendment (as specified in clause 14), then once those
amendments have been made, the Land Use Planning and Approvals Act
1993 applies to the use and development and, if required, the certification
acts as a planning permit authorising the use and development as set out
in the certification, pursuant to 13(4).
CLAUSE 14 CONSEQUENTIAL AMENDMENT OF PLANNING SCHEMES
This clause ensures that any relevant planning instruments are amended to the
extent necessary to allow the project to proceed lawfully.
The clause provides the power for the Minister for Planning, after consultation
with the relevant planning authority, to amend planning schemes, special
planning orders or interim orders to make them consistent with use or
development for the project.
Sub clause 3 ensures this power overrides the provisions of the Land Use
Planning and Approvals Act 1993.
The Minister for Planning is to notify the public of the amendment, in any way he
considers expedient, unless prescribed in regulations in which case he must
comply with that prescription, pursuant to clause 14(5).
Further amendment of the planning scheme may, take place in the usual way,
after completion of the project, pursuant to clause 14(4).
PART 4 MISCELLANEOUS
CLAUSE 15 CHANGE OF PROPONENT
Clause 15 allows the proponent of a project to change without impacting upon
the operation of the Bill.
CLAUSE 16 DELEGATION
Clause 16 allows:
· the Minister for Planning;
· in the case of a social housing project, the Director of Housing;
· in the case of a school infrastructure project, the Secretary of the
Department of Education; and
· in the case of any other prescribed project, the person prescribed,
·
to delegate all powers under this Bill, other than the powers of delegation.
Clause 16(2) prevents the Treasurer from delegating his powers under the Bill.
CLAUSE 17 COMPLIANCE WITH OTHER LAWS
This clause expressly states that certification of a project, pursuant to clause 12,
does not provide authority for construction to be undertaken contrary to any law
of State.
CLAUSE 18 LIMITATION OF APPEALS
This clause limits the rights of any person challenging or appealing against any
action, decision, process, matter or thing that arises from or relates to the matters
or things covered by this Act.
CLAUSE 19 SERVICE OF NOTICES
This clause sets out how notices are to be serviced for the purposes of the Bill.
CLAUSE 20 ACT PREVAILS OVER OTHER LAWS
Where this Bill conflicts with another law of Tasmania, then this Bill takes
precedence.
CLAUSE 21 REGULATIONS
Regulations may be made for the purposes of the Bill.
CLAUSE 22 STATUS OF INSTRUMENTS UNDER THE ACT
Notices or instruments under the Bill are not statutory rules and may not be
declared to be subordinate legislation.
CLAUSE 23 ADMINISTRATION OF ACT
This clause specifies that the Act is to be administered by the Treasurer until an
order is made under S.4 of the Administrative Arrangements Act 1990.
CLAUSE 24 EXPIRY OF ACT
Except for Part 1 and clause 18, the Bill expires on 31 December 2012, or at an
earlier time declared by the Treasurer.
SCHEDULE 1 THE AGREEMENT
The National Partnership Agreement on the Nation Building and Jobs Plan:
Building Prosperity for the Future and Supporting Jobs Now, is included in this
schedule.