Ockerby Gardens Helipad Act 1999

Ockerby Gardens Helipad Act 1999

An Act to limit the application of certain statutory provisions that may prohibit the development and use, under a planning scheme, of an air-ambulance helipad in part of the disused burial-ground known as Ockerby Gardens in the city of Launceston

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:

1.   Short title

This Act may be cited as the Ockerby Gardens Helipad Act 1999 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Interpretation

In this Act –

air-ambulance helipad means a helipad for use by helicopters transporting patients to or from a hospital;

folio of the register means folio of the register, of title to land, kept by the Recorder of Titles under the Land Titles Act 1980 ;

Ockerby Gardens means the disused burial-ground of that name, and which was formerly known as the Charles Street General Cemetery, situated in the city of Launceston and comprised and described in folio of the register Volume 114334 Folio 1;

planning scheme means a planning scheme under the Land Use Planning and Approvals Act 1993 .

4.   Limitation of certain statutory provisions

(1)  To the extent that the provisions of Part 4 of the Local Government (Building and Miscellaneous Provisions) Act 1993 may –

(a) prohibit a person from making application for a planning scheme to permit, and provide for, the development, maintenance and use of an air-ambulance helipad in part of Ockerby Gardens; or

(b) prohibit a planning scheme from permitting, and providing for, part of Ockerby Gardens to be developed, maintained and used as an air-ambulance helipad; or

(c) prohibit the construction, maintenance and use of an air-ambulance helipad in part of Ockerby Gardens under a planning scheme –

those provisions do not apply to Ockerby Gardens.

(2)  Notwithstanding any provision in this Act or any other Act, in the construction, maintenance and use of an air-ambulance helipad in part of Ockerby Gardens under a planning scheme, there is to be no excavation exceeding the depth of 600 millimetres.

5.   Administration of Act

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

(b) the department responsible to the Premier in relation to the administration of this Act is the Department of Premier and Cabinet.

[Second reading presentation speech made in:

House of Assembly on 20 OCTOBER 1999

Legislative Council on 3 NOVEMBER 1999]