AustLII Tasmanian Numbered Acts

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LAUNCESTON FLOOD RISK MANAGEMENT ACT 2015 (NO. 24 OF 2015) - SECT 3

Interpretation

In this Act, unless the contrary intention appears –
Agreement means the Launceston Flood Protection Scheme Agreement 1975 signed on 24 July 1975 under section 10 of the Launceston Flood Protection Act 1960 as then in force;
Appeal Tribunal means the Resource Management and Planning Appeal Tribunal established under the Resource Management and Planning Appeal Tribunal Act 1993 ;
authorised officer means a person appointed under section 9 to be an authorised officer;
Authority means the Launceston Flood Authority established by the Council under section 30 of the Local Government Act 1993 ;
Authority Rules means the rules, as in force from time to time, that are made in relation to the Authority under Division 4 of Part 3 of the Local Government Act 1993 ;
Commission has the same meaning as it has in the Planning Act;
Council means the Launceston City Council;
Council land means land owned by the Council;
Crown land has the same meaning as it has in the Crown Lands Act 1976 ;
development has the same meaning as it has in the Planning Act;
discretionary permit means a permit to which section 57(1) of the Planning Act applies but does not include a permit to which section 43A of the Planning Act applies;
dredging means to remove, displace, or replace, by mechanical means, sediment present in a body of water;
flood-prone area means the area shown bounded by a thick black line on the map in Schedule 1 ;
flood protection works means all structures or works erected, constructed, or managed, by the Authority (or the Council) –
(a) so as to reduce the likelihood, severity or duration of flooding in the flood-prone area; or
(b) under section 15 or section 27 ;
flood-significant planning application means an application to a planning authority for –
(a) a discretionary permit in respect of land within an area of land that is determined under section 18 to be an area of development interest; or
(b) an amendment to a discretionary permit, granted under the Planning Act, in respect of land within an area of land that is determined under section 18 to be an area of development interest;
levee includes any apparatus, or structure, that is necessary or convenient for the functioning of a levee;
levee-related land means the areas of land, within the flood-prone area, that are –
(a) specified in Part 1 of Schedule 2 ; and
(b) indicated generally, on the maps in Part 2 of Schedule 2 , as areas bounded by thick black lines;
Municipal Committee , for the municipal area of the Council, means the Municipal Committee established under the Emergency Management Act 2006 for the municipal area of the Council or for a combined area that includes that municipal area;
owner , in relation to land, includes every person who, jointly or severally, whether at law or in equity –
(a) is entitled to the land for any estate of freehold in possession; or
(b) is entitled to receive, or receives, the rents and profits of the land, whether as beneficial owner, trustee, mortgagee in possession or otherwise;
Planning Act means the Land Use Planning and Approvals Act 1993 ;
planning authority has the same meaning as it has in the Planning Act;
planning instrument means –
(a) a planning scheme or special planning order; and
(b) an amendment to a planning scheme or special planning order;
planning interest notice means a notice, given under section 17(1) , that is in force;
planning scheme has the same meaning as it has in the Planning Act;
public land means –
(a) Crown land; and
(b) land that is owned by an instrumentality or agent of the Crown; and
(c) Council land;
Regional Controller means the Regional Controller, under the Emergency Management Act 2006 , for the region in which the flood-prone area is situated;
representation has the same meaning as it has in the Planning Act;
responsible person means –
(a) a member of the Authority; and
(b) an authorised officer; and
(c) a delegate of the Authority; and
(d) a delegate of the Council; and
(e) a person on whom a requirement is imposed under section 27 ; and
(f) a person authorised under section 14 to enter land; and
(g) a person authorised under the Local Government Act 1993 to enter land for a purpose related to enabling the Council to perform its functions, or exercise its powers, under this Act;
special planning order has the same meaning as it has in the Planning Act;
State Controller has the same meaning as it has in the Emergency Management Act 2006 ;
use has the same meaning as it has in the Planning Act.



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