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CLAUSE NOTES
Sullivans Cove Waterfront Authority Repeal Bill 2011
Clause 1 Short Title
Clause 2 Commencement
The Act will commence on a day to be proclaimed. This is envisaged
to be on or after 1 September 2011.
Clause 3 Administration of Act
The responsible Minister for the Act is the Minister for Planning and
the responsible agency is the Department of Justice, unless otherwise
provided for in accordance with the Administrative Arrangements Act
1990.
Clause 4 Savings and Transitional Arrangements
Explicit arrangements for the transition of incomplete dealings of the
Authority on the date of proclamation are set out in Schedule 1.
Clause 5 Consequential Amendments
Schedule 2 details the consequential amendments to be made to
legislation other than the Sullivans Cove Waterfront Authority Act 2004.
This affects the Building Act 2000, Marine and Safety Authority Act 1997
and the Tasmanian Planning Commission Act 1997.
Clause 6 Legislation Repealed
Provision is made for the repeal of legislation named in Schedule 3,
namely the Sullivans Cove Waterfront Act 2004.
Clause 7 Legislation Rescinded
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Provision is made for rescinding subordinate legislation listed in
Schedule 4, namely the regulations made under the Sullivans Cove
Waterfront Act 2004.
Clause 8 Legislation Revoked
The proclamation for the commencement of the Sullivans Cove
Waterfront Authority Act 2004 is revoked.
Schedule 1 Savings and Transitional Provisions
1. Interpretation
In the schedule the term `Authority' means the Sullivans Cove
Waterfront Authority and the term `HCC' means Hobart City
Council.
The term `records' in the schedule refers to records associated
with the performance of the Authority's statutory
responsibilities for planning, building, plumbing, subdivision and
strata.
`repealed act' in the Schedule refers to the Act establishing the
Authority (the Sullivans Cove Waterfront Authority Act 2004).
2. Abolition of the Authority
(1) The Authority is abolished when the Act commences.
(2) Membership of the Authority is revoked and members of
the Authority are not entitled to any benefit in relation to
the early winding up of the Authority.
3. Decisions of the Authority
Statutory planning, building and plumbing decisions made by the
Authority before repeal of the Act are taken to be decisions
made by Council.
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This clarifies for permit holders that the Council will be the
responsible Authority after the Act commences and that their
permits remain valid.
4. References to Chief Executive Officer of the Authority
To clarify that where a permit or other approval references the
Chief Executive Officer of the Authority, that this is taken to be
the appropriate officer of the Council after the Act commences.
For example, sometimes a planning permit may require further
action to be taken to the satisfaction of the Chief Executive
Officer as a condition of the permit. This would be taken to be
to the satisfaction of the appropriate officer of Council, as
determined by the General Manager of HCC.
5. Applications for Permits
(1) If the Authority has received a planning application before the
Act commences, then it is taken to be an application to the
Council and can continue without the need to make a fresh
application to the Council.
(2) The Authority must provide the planning application and
other relevant documents to the Council the day before the
Act commences.
(3) The 42 day period under section s 57(6)(b) and 58(2) of the
Land Use Planning and Approvals Act 1993 within which
applications must be determined does not commence until
the day on which the Council receives the application
material from the Authority.
6. Minor Amendments of Permits
A request for a minor amendment to a permit not dealt with by
the Authority before the commencement of this Act will be
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saved and can be determined by the Council without the need
for a fresh request.
7. Appeals against decision of the Authority
If an appeal to the Resource Management and Planning Appeal
Tribunal has been made but has not been determined before the
Act commences, the appeal is taken to be an appeal against a
decision of Council.
This means that the appeal will continue but that Council will be
the respondent in the Authority's place.
8. Rights of Appeal
If a party has a right of appeal against a planning or building
determination made by the Authority at the time the Act
commences, their right of appeal is preserved and can proceed
as an appeal against the decision as if it were a decision of the
Council with the Council as the respondent.
9. Planning Scheme Amendments
If the Authority is dealing with an amendment to the Sullivans
Cove Planning Scheme 1997 and it has proceeded to the point of
a report under section 39 of the Land Use Planning and Approvals
Act 1993 being provided to the Tasmanian Planning Commission,
the matter can proceed as if the report was that of Council. If
the amendment has not proceeded as far as this stage, it will
lapse.
10. Proceedings under s.63 of the Land Use Planning and
Approvals Act 1993
If the Authority was pursuing enforcement proceedings under
section 63 before the commencement of the Act and these were
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unresolved at the time the Act commences, the proceedings will
continue as if initiated by the Council.
11. Annual report
(1) The Department of Justice is responsible for providing a
report to the Minister for Planning for the period 1 July
2011 to the end date of the Authority.
(2) The report is to address the matters required to be
contained in an Annual Report for the Authority.
(3) The report is to be appended to the Department's Annual
Report.
(4) This is does not otherwise affect the reporting
requirements for the Agency under the State Service Act
2000 and the Financial Management and Audit Act 1990.
12. Proceedings under s.63 of the Land Use Planning and
Approvals Act 1993
Any proceedings commenced by the Authority and not
concluded in relation to the breach of of a planning instrument
under section 63 will continue as if the proceedings had been
initiated by the Council.
13. Proceedings under s.64 of the Land Use Planning and
Approvals Act 1993
Any proceedings seeking an order from the Tribunal in relation
to the contravention of the planning scheme will continue as if
the proceedings had been initiated by the Council.
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14. Applications, permits, consents, certificates, approvals
and authorisations under the Building Act 2000
(1) A building application made to the Authority before the
commencement of this Act but not determined, will be
saved and can be determined by the Council.
(2) A permit, consent, certificate, approval or authorisation
made by the Authority under the Building Act 2000 before
the commencement of the Act is taken to be one that was
made by the Council.
15. Notices and orders under the Building Act 2000
Notices and orders issued by the Authority before the
commencement of the Act are taken to have been made or
issued by the Council.
16. Proceedings under the Building Act 2000
Any proceedings instituted by the Authority under the Building
Act 2000 and not determined before the commencement of this
Act are taken to have been instituted by the Council.
17. Appeals and applications under the Building Act 2000
An appeal or application to the Building Appeal Board against a
decision of the Authority and not determined before the
commencement of this Act is to be dealt with as if the decision
were that of Council.
Schedule 2 Consequential Amendments
Building Act 2000
Section 5 states that the Building Act prevails over all other
legislation and regulation except the Sullivans Cove Waterfront
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Act 2004. The section is amended by deleting the reference to
the Sullivans Cove Waterfront Authority Act 2004.
Marine and Safety Authority Act 1997
Section 34 is repealed in its entirety since it makes a redundant
reference to the now repealed Sullivans Cove Planning Act 1995
and to the planning regime to which the Authority would be
subject. The Land Use Planning and Approvals Act 1993 and
Sullivans Cove Planning Scheme 1997 apply in any case and do
not require reference.
Tasmanian Planning Commission Act 1997
Schedule 3A of the Act references the provisions in respect of
which delegation and directions are restricted. Reference to
sections 32 and 33 of the Sullivans Cove Waterfront Authority Act
2004 are omitted.
Schedule 3 - Legislation Repealed
This lists the legislation being repealed which is the Sullivans Cove
Waterfront Authority Act 2004 (No.60 of 2004)
Schedule 4 Legislation Rescinded
This lists the legislation to be rescinded by the Act, being the Sullivans
Cove Waterfront Authority Regulations 2005 (No.150 of 2005) and the
Sullivans Cove Waterfront Authority Amendment Regulations 2007
(No.129 of 2007).
Schedule 4 Legislation Revoked
The proclamation for the commencement of the Sullivans Cove
Waterfront Authority Act 2004 is revoked.
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