AustLII Tasmanian Numbered Acts

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LAUNCESTON FLOOD RISK MANAGEMENT ACT 2015 (NO. 24 OF 2015) - SECT 11

Winding up of Authority

(1)  The Council may not wind up the Authority under section 37 of the Local Government Act 1993 except with the authority of the Minister under subsection (3) .
(2)  The Council, in writing, may request the Minister to authorise under subsection (3) the winding up of the Authority.
(3)  The Minister, in writing, may authorise the Council to wind up the Authority under section 37 of the Local Government Act 1993 , if the Minister has received under subsection (2) a request to do so.
(4)  If the Minister issues an authorisation under subsection (3) , the Council, as soon as practicable, is to provide to the Minister –
(a) a copy of the resolution of the Council winding up the Authority under section 37 of the Local Government Act 1993 ; and
(b) notice of the day on which the winding up of the Authority occurs or is to occur.
(5)  If the Authority is wound up under section 37 of the Local Government Act 1993  –
(a) a reference in this Act (except in this section, in section 35 , and in the definitions of Authority , Authority Rules and flood protection works in section 3 ), or regulations made under this Act, to the Authority is to be taken to be a reference to the Council; and
(b) a reference in section 35 to the Authority is to be taken to include a reference to the Council; and
(c) section 6(1)(b) and (d) and section 6(4) , sections 7 and 10 , section 27(1)(c) and (d) and section 27(5) and (6) cease to be of effect; and
(d) the reference in section 12(1) to the Local Government Act 1993 ceases to be of effect; and
(e) a reference in Part 3 to a planning authority is not to be taken to include a reference to a planning authority that is the Council; and
(f) a reference in this Act to the Authority Rules ceases to be of effect; and
(g) despite paragraph (a) , a reference in section 15(2) to a structure constructed or erected by the Authority includes such a structure constructed or erected by the Authority (rather than the Council); and
(h) a notice (other than a notice under Part 3 in relation to the planning authority that is the Council), approval, authorisation or other instrument issued, or delegation or appointment made, by the Authority under this Act and still in force immediately before the day on which the Authority is wound up, is to be taken to have been issued, or made, respectively, by the Council under this Act.


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