Land Use Planning and Approvals Amendment Act 1999

Land Use Planning and Approvals Amendment Act 1999

An Act to amend the Land Use Planning and Approvals Act 1993

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 Land Use Planning and Approvals Amendment Act 1999 .

2.   Commencement

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

3.   Principal Act

In this Act, the Land Use Planning and Approvals Act 1993 is referred to as the Principal Act.

4.    Section 7 amended (Municipalities may exercise powers in respect of accretions from sea, &c.)

Section 7(d) of the Principal Act is amended by inserting ", subject to section 20(7)(c) and (d) " after "land".

5.    Section 20 amended (What can a planning scheme provide for?)

Section 20 of the Principal Act is amended as follows:

(a) by omitting paragraph (c) from subsection (7) and substituting the following paragraphs:

(c) fishing; or

(d) marine farming in State waters.

(b) by omitting subsection (11) and substituting the following subsections:

(11)  Subsection (7)(d) does not apply in respect of the following:

(a) any bridge, jetty, wharf, boathouse, shed, pipeline or other structure used in connection with marine farming that is constructed wholly or in part on, or above, the high water mark;

(b) a use or development on any accretion from the sea.

(12)  In this section –

fishing means fishing as defined in the Living Marine Resources Management Act 1995 and conducted in accordance with that Act;

marine farming means marine farming as defined in the Marine Farming Planning Act 1995 and conducted in accordance with that Act and the Living Marine Resources Management Act 1995 ;

proclaimed wharf area means the area of a wharf the boundaries of which have been defined, altered or redefined under the Marine Act 1976 before the commencement of the Port Companies Act 1997 ;

State waters means State waters as defined in the Living Marine Resources Management Act 1995 .

6.   Validation of certain permits

A permit granted under the Principal Act for any use or development conducted in accordance with the Living Marine Resources Management Act 1995 or the Marine Farming Planning Act 1995 before the commencement of this Act is taken to be validly granted.

[Second reading presentation speech made in:

House of Assembly on 23 NOVEMBER 1999

Legislative Council on 30 NOVEMBER 1999]