Major Infrastructure Development Approvals Act 1999

Major Infrastructure Development Approvals Act 1999

An Act to make special provision in relation to the approval of major infrastructure projects, to amend the Land Acquisition Act 1993 and for related purposes

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:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Major Infrastructure Development Approvals Act 1999 .

2.   Commencement

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

3.   Interpretation

(1)  In this Act, unless the contrary intention appears –

combined planning authority means a combined planning authority established by the Minister under section 16 ;

Commission means the Resource Planning and Development Commission established under the Resource Planning and Development Commission Act 1997 ;

council has the same meaning as in the Local Government Act 1993 ;

council committee has the same meaning as in the Local Government Act 1993 ;

Crown lands contract means a contract made under the Crown Lands Act 1976 or a corresponding previous enactment;

general manager means the person appointed under section 18(5) as the general manager of a combined planning authority;

major infrastructure project means a project declared by the Governor to be a major infrastructure project by an order under section 7(2) ;

municipal area has the same meaning as in the Local Government Act 1993 ;

notified corridor means a corridor of which notice has been served by the Minister under section 14(3) ;

owner has the same meaning as in the Land Use Planning and Approvals Act 1993 , and includes the purchaser of land under a Crown lands contract;

planning authority includes a combined planning authority;

proponent, in relation to a project, means the person proposing to proceed with the project;

public office means the place at which the planning authority carries on its administrative activities;

Register has the same meaning as in the Land Titles Act 1980 ;

Registry of Deeds has the same meaning as in the Registration of Deeds Act 1935 ;

sale, in relation to land, means the disposal of land by sale, lease, exchange for proper consideration or any other means;

specified planning authority means a planning authority which is specified in an order under section 7(2) in accordance with section 10(3)(b)(ii) .

(2)  Words or expressions used both in this Act and in the Land Use Planning and Approvals Act 1993 have in this Act, unless the contrary intention appears, the same respective meanings as they have in that Act.

4.   Application of Act

(1)  This Act binds the Crown in right of Tasmania, and so far as the legislative power of Parliament permits, in all its other capacities.

(2)  This Act does not apply to public land, within the meaning of the Public Land (Administration and Forests) Act 1991 , that is the subject of a reference to the Commission.

5.   Conduct of assessment and approval of use or development comprised in major infrastructure project

Subject to this Act, the assessment and approval by a planning authority of an application for a permit for a use or development comprised in a major infrastructure project is to be conducted in accordance with the Land Use Planning and Approvals Act 1993 , the Environmental Management and Pollution Control Act 1994 and any other Act which relates to land use planning and approval, other than any Act which may be prescribed.

6.   Objectives to be furthered

It is the obligation of any person on whom a function is imposed or a power is conferred under this Act to perform the function or exercise the power in such a manner as to further the objectives set out in Schedule 1 to the Land Use Planning and Approvals Act 1993 .

PART 2 - Major Infrastructure Projects

7.   Declaration of major infrastructure project

(1)  The Minister may recommend to the Governor the making of an order declaring a project to be a major infrastructure project.

(2)  The Governor may make an order in accordance with a recommendation made under subsection (1) .

(3)  An order under subsection (2) is to be published in the Gazette.

(4)  The Minister must cause an order under subsection (2) to be laid before each House of Parliament within the first 10 sitting days of the House after it is so published.

(5)  An order under subsection (2) is of no effect until it has been approved by both Houses of Parliament.

(6)  For the purposes of subsection (5) , a House of Parliament is taken to have approved an order under subsection (2) if a copy of it has been laid on the table of that House and –

(a) it is approved by that House; or

(b) at the expiration of 15 sitting days after it was laid on the table of that House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or negatived; or

(c) if any notice of a motion to disallow it is given during that period of 15 sitting days, the notice is, after the expiration of that period, withdrawn or negatived.

(7)  As soon as practicable after an order under subsection (2) has taken effect, the Minister must –

(a) give written notice of the taking effect of the order to –

(i) the Commission; and

(ii) each planning authority on which obligations are imposed by the order, or which is otherwise affected by the making of the order; and

(iii) each instrumentality or agency of the Crown on which obligations are imposed by the order; and

(b) advertise the taking effect of the order in a newspaper circulating in the area within which the major infrastructure project is to be implemented.

8.   Conditions precedent to Ministerial recommendation

(1)  The Minister may not make a recommendation under section 7(1) that a project be declared to be a major infrastructure project unless –

(a) the project wholly or principally comprises the construction of one or more of the following:

(i) a road;

(ii) a railway;

(iii) a pipeline;

(iv) a powerline, within the meaning of the Electricity Supply Industry Act 1995 ;

(v) a telecommunications cable or link;

(vi) such other linear infrastructure as may be prescribed; and

(b) the Minister has received a report from the proponent which provides a comprehensive description of the project and contains such information in relation to the project as may be prescribed; and

(c) the Minister has given the council of each municipal area within which the project is proposed at least 28 days' notice of the Minister's intention to make the recommendation and has considered any representations made by any such council following receipt of the notice; and

(d) the Minister is satisfied that it is in the public interest for the declaration to be made.

(2)  In determining whether it is in the public interest for the proposed order to be made, the Minister must have regard to such matters as may be prescribed.

(3)  Notice given to a council under subsection (1)(c) is to include –

(a) a copy of the report received by the Minister under section 8(1)(b) ; and

(b) a statement of the Minister's reasons for proposing that the project be declared to be a major infrastructure project; and

(c) a draft of the order that the Minister proposes to recommend.

9.   Response of council to proposal to make Ministerial recommendation

(1)  Within 21 days of receiving notice of the Minister's intention to make a recommendation under section 7(1) , a council must provide the Minister with a written response which states –

(a) whether the council supports the proposed recommendation; and

(b) if the council does not support the proposed recommendation, the council's reasons for not doing so.

(2)  In responding to the Minister under subsection (1) , a council may request that the Commission administer the planning approval process in respect of the proposed major infrastructure project.

10.   Content of order declaring major infrastructure project

(1)  An order made by the Governor under section 7(2) is to –

(a) identify the proponent; and

(b) define the major infrastructure project by specifying the nature and location of each use or development which is comprised in the project.

(2)  For the purpose of section 10(1)(b) , the location of a use or development may be described by reference to a corridor of a specified width between two places, without indicating the exact location of the corridor or the exact location within that corridor at which the use or development is intended to occur.

(3)  An order made by the Governor under section 7(2) may –

(a) declare that compliance with section 52(1) of the Land Use Planning and Approvals Act 1993 is not required; and

(b) if the major infrastructure project is to be implemented within more than one municipal area, declare that the planning approval process in respect of the major infrastructure project is to be administered by a combined planning authority, specifying –

(i) the name by which the combined planning authority is to be known; and

(ii) the planning authorities which are to be represented on the combined planning authority; and

(iii) the number of members which are to represent each of the specified planning authorities on the combined planning authority; and

(c) if a council has made a request under section 9(2) , declare that the planning approval process in respect of the major infrastructure project is to be administered by the Commission; and

(d) require an instrumentality or agency of the Crown or planning authority which is specified in the order to provide the proponent or any other person with such guidelines or other information as the order may specify by such date as the order may specify; and

(e) require the proponent identified in the order to lodge with the Crown a financial assurance in the form of a bond (supported by a guarantee or other security) or specified pecuniary sum, in an amount specified in the order and by a specified date, to be forfeited on failure to comply with terms or conditions specified in the order; and

(f) require the proponent identified in the order to pay to the Crown an amount specified in the order by a specified date, to cover costs and expenses which may be incurred by the Crown or any person in connection with the assessment or approval of the major infrastructure project; and

(g) require compliance by the proponent or any other person with terms or conditions set out in the order; and

(h) authorise the sale by the Crown to the proponent of any land specified in the order which is acquired by the Crown under the Land Acquisition Act 1993 for the purpose of the major infrastructure project.

11.   Effect of order declaring major infrastructure project

(1)  If an order under section 7(2) declaring a project to be a major infrastructure project is made –

(a) notwithstanding the terms of any relevant planning scheme or special planning order, each use or development comprised in the major infrastructure project is taken to be a use or development which the planning authority which administers that planning scheme or special planning order has a discretion to refuse or permit under section 57 of the Land Use Planning and Approvals Act 1993 ; and

(b) notwithstanding the terms of any relevant planning scheme or special planning order, the planning authority which administers the planning scheme or special planning order may, subject to section 12(1) and the requirements of any State Policy, determine an application for a permit in respect of a use or development comprised in the major infrastructure project in such manner as it thinks fit; and

(c) the major infrastructure project is taken to be a public purpose for the purposes of section 4(3) of the Land Acquisition Act 1993 ; and

(d) section 73(3)(a) of the Land Acquisition Act 1993 does not apply to any land acquired under that Act for the purposes of the major infrastructure project; and

(e) an application to a planning authority under section 51(1A) of the Land Use Planning and Approvals Act 1993 may relate to all of the uses or developments comprised in the major infrastructure project, or such number of the uses or developments comprised in the major infrastructure project as the applicant may choose; and

(f) for the purpose of section 57(6)(b) of the Land Use Planning and Approvals Act 1993 , the Minister may by order specify a further period within which a planning authority must grant or refuse to grant a permit specified in the order, with the result that, for the purposes of section 59 of the Land Use Planning and Approvals Act 1993 , any such further period is to be taken to be a further period referred to in section 57(6)(b) of that Act.

(2)  If an order under section 7(2) declares that compliance with section 52(1) of the Land Use Planning and Approvals Act 1993 is not required –

(a) section 52(1) of that Act and any provisions of the relevant planning scheme or special planning order which require the giving of notice to the owner of land in respect of which a permit is sought do not apply; and

(b) notice of the making of an application for a permit in connection with the major infrastructure project is, at least 14 days before the making of the application, to be served by the applicant on –

(i) the owner of the land in respect of which the permit is required; and

(ii) in the case of an application under section 14 for a permit for a use or development anywhere within a proposed corridor, the owners of all land within the proposed corridor.

(3)  A notice for the purpose of subsection (2)(b)(i) or (ii) is to contain such information as may be prescribed.

(4)  If an order under section 7(2) declares that compliance with section 52(1) of the Land Use Planning and Approvals Act 1993 is not required, a planning authority which receives an application for a permit in respect of a use or development comprised in the major infrastructure project must not accept that application unless it is satisfied that the requirements of subsections (2) and (3) have been met.

(5)  If an order under section 7(2) requires any instrumentality or agency of the Crown or planning authority which is specified in the order to provide the proponent or another person by a specified date with such guidelines or other information as the order may specify, the instrumentality, agency or authority to which the requirement is directed must comply with the requirement.

(6)  If an order under section 7(2) requires the proponent identified in the order to pay to the Crown a financial assurance in the form of a bond (supported by a guarantee or other security) or specified pecuniary sum to be forfeited on failure to comply with terms or conditions specified in the order, the bond or sum is forfeited to the Crown on –

(a) failure to comply with any of those terms or conditions; or

(b) failure to apply to a planning authority for a permit for each use or development comprised in the major infrastructure project within a period of 12 months from the date of the order or such further period, expiring not more than 24 months from the date of the order, as the Minister may allow; or

(c) the lapse under section 53(5) of the Land Use Planning and Approvals Act 1993 of any permit which is granted for a use or development comprised in the major infrastructure project.

(7)  If an order under section 7(2) requires the proponent identified in the order to pay to the Crown an amount specified in the order by a specified date to cover costs and expenses which may be incurred by the Crown or any person in connection with the assessment or approval of the major infrastructure project, the amount is a debt due to the Crown from the proponent identified in the order and may be recovered by the Crown from the proponent in any court of competent jurisdiction.

(8)  If an order under section 7(2) requires the establishment of a combined planning authority, a council must perform its functions, including its functions as a planning authority, with due regard for the consequences which will arise from the implementation of the major infrastructure project.

12.   Criteria for determination of application for permit in respect of use or development comprised in major infrastructure project

(1)  If an order under section 7(2) is made, a planning authority must determine an application for a permit in respect of a use or development comprised in the major infrastructure project in accordance with planning criteria established under this section.

(2)  If an order under section 7(2) is made, the planning authority which is to administer the planning approval process in respect of the major infrastructure project must provide a draft of the planning criteria, against which any use or development comprised in the major infrastructure project is to be assessed, to the Commission and to the proponent within 42 days, or such further period as the Minister may allow, of –

(a) the receipt by the planning authority of notice from the Minister under section 7(7) ; or

(b) where the planning authority is a combined planning authority, the date on which the combined planning authority is established.

(3)  The Commission must –

(a) cause a copy of draft criteria which are provided to it under subsection (2) to be placed on public exhibition at its office for a period of at least 14 days; and

(b) advertise, as prescribed, the exhibition of the draft criteria.

(4)  If draft criteria are placed on public exhibition, representations in relation to the draft criteria may be submitted to the Commission by any person before the expiration of the period referred to in subsection (3) .

(5)  Within 7 days of the conclusion of the period referred to in subsection (3) , or such further period as the Minister may allow, the Commission must –

(a) finalise the criteria; and

(b) inform the planning authority of the finalised criteria –

making such changes to the draft criteria as it sees fit, having regard to any relevant planning scheme or special planning order and any representations received by the Commission within that period.

(6)  The planning authority must provide the finalised criteria to the proponent within 7 days of receiving the finalised criteria from the Commission.

(7)  The planning authority must make a copy of the finalised criteria available for public inspection at its public office and within 7 days of receiving the finalised criteria from the Commission advertise, as prescribed, the availability of the finalised criteria for inspection.

13.   Sale of land compulsorily acquired

Land acquired by the Crown under the Land Acquisition Act 1993 for the purposes of a major infrastructure project may not be sold unless –

(a) the sale of that land has been authorised under section 10(3)(h) or notice of the proposed sale has been published and approved by each House of Parliament in accordance with section 64 of the Crown Lands Act 1976 ; and

(b) a permit has been granted for a use or development comprised in the major infrastructure project to take place on the land and –

(i) the period specified under section 61 of the Land Use Planning and Approvals Act 1993 for appealing the decision of the planning authority to grant the permit has expired and no appeal has been lodged; or

(ii) where such an appeal has been lodged, the appeal has been determined.

14.   Corridors

(1)  If an order under section 7(2) defines the major infrastructure project by reference to a corridor between two places, the proponent must lodge a plan of the proposed corridor with the Minister as soon as practicable after the order has taken effect.

(2)  A plan for the purposes of subsection (1) is to identify the boundaries of the proposed corridor with sufficient accuracy to enable an owner of land to determine whether or not that land is affected by the corridor.

(3)  The Minister must cause notice of the proposed corridor to be served on –

(a) the Commission; and

(b) each planning authority on which obligations are imposed by the order under section 7(2) or which is otherwise affected by the proposed corridor; and

(c) each owner of land within the proposed corridor.

(4)  The Commission must, in the performance of its functions and exercise of its powers, have regard to any notice which is served on it under subsection (3) .

(5)  A planning authority must, in the performance of its functions and exercise of its powers, have regard to any notice which is served on it under subsection (3) .

(6)  Notice to an owner of land for the purpose of subsection (3) is to –

(a) be served no later than the time at which notice of the making of an application for a permit in respect of that land is served under section 11(2)(b) ; and

(b) contain such information as may be prescribed; and

(c) be accompanied by a copy of that part of the plan lodged with the Minister under subsection (1) which relates to the owner's land.

(7)  An application for a permit in relation to a use or development which is comprised in a major infrastructure project may seek permission for the use or development to occur anywhere within a notified corridor.

(8)  If an application is made in accordance with subsection (7) , the planning authority may grant a permit to proceed with a use or development anywhere within a corridor described in the permit.

(9)  A corridor described in a permit for the purpose of subsection (8) is to be wholly within the notified corridor.

(10)  The description of a corridor for the purposes of subsection (8) is to be by a plan which identifies the boundaries of the proposed corridor with sufficient accuracy to enable an owner of land to determine whether or not that land is affected by the corridor.

(11)  If the corridor described by a planning authority in a permit granted under subsection (8) differs from the notified corridor, the planning authority must, within 7 days of the granting of the permit, provide the Minister with a copy of the permit.

(12)  If land within a notified corridor is injuriously affected by –

(a) the proposal for the corridor; or

(b) the grant of a permit to proceed with a use or development within the corridor –

the owner of the land or its purchaser, in the case of land being purchased under a Crown lands contract, is entitled to compensation from the initial proponent for the injurious affection to that land and to other land belonging to that person.

(13)  An owner of land is not entitled to compensation under subsection (12)(a) for any injurious affection which occurs before notice of the proposed corridor is served on that owner under this section.

(14)  A claim by an owner of land for compensation under subsection (12) must be made within a period of 12 months of, as the case may be –

(a) the service of notice of the proposed corridor on the owner; or

(b) the grant of the permit.

(15)  If not agreed on, a claim for compensation under subsection (12) is to be determined in the same manner as a disputed claim for compensation under the Land Acquisition Act 1993 as if the initial proponent were an acquiring authority within the meaning of that Act.

(16)  No permanent improvement may be made, or may be authorised by a planning authority to be made, on land within a notified corridor without the written consent of the Minister unless –

(a) written notice has been given to the owner of the land by the Minister or by the initial proponent that the land is not required for the purposes of the major infrastructure project; or

(b) the Minister has authorised the improvement of the land on such conditions as the Minister considers proper to ensure that –

(i) compensation for the acquisition of the land or of the purchaser's estate and interest in the land, in the case of land being purchased under a Crown lands contract, will not by reason of that improvement be increased; and

(ii) the implementation of the major infrastructure project will not by reason of that improvement be made more difficult; or

(c) a permit which describes a corridor has been granted in accordance with subsection (8) and the improvement is outside that corridor; or

(d) the order under section 7(2) which gave rise to the notified corridor has been revoked; or

(e) the improvement arises in connection with a use or development comprised in the major infrastructure project.

(17)  Compensation is not payable under this section in respect of injurious affection for which compensation is paid under the Land Acquisition Act 1993 .

(18)  In this section,

initial proponent means the proponent who was identified in the order made under section 7(2) .

15.   Registration of notified corridor

(1)  Within 14 days of serving notice on an owner of land under section 14(3) , the Minister must –

(a) if the land is under the Land Titles Act 1980 , lodge with the Recorder of Titles –

(i) a copy of the notice which was served on the owner; and

(ii) a copy of the plan which accompanied the notice; and

(iii) details of the name of the registered proprietor of the land and of the volume and folio of the Register within which the land is comprised –

and the Recorder must register the notice by making an appropriate entry on that folio of the Register; and

(b) if the land is not under the Land Titles Act 1980 and is not being purchased under a Crown lands contract, lodge in the Registry of Deeds a copy of the notice and a copy of the plan which accompanied the notice; and

(c) lodge with the Director-General of Lands –

(i) a copy of the notice; and

(ii) a copy of the plan which accompanied the notice; and

(iii) if the land is being purchased under a Crown lands contract, details of the name of the purchaser of the land.

(2)  If a notice lodged under subsection (1)(c) affects any land being purchased under a Crown lands contract, the Director-General of Lands must register the notice by making an appropriate entry in the registers kept by the Director-General.

(3)  If a notice was lodged with the Recorder of Titles under subsection (1)(a) and –

(a) the Minister receives a copy of a permit under section 14(11) which describes a corridor that differs from the notified corridor; or

(b) an order is made under section 20 by which the order under section 7(2) which relates to the notice is revoked –

the Minister must lodge a copy of the permit or of the order, as the case may be, with the Recorder of Titles, and the Recorder of Titles must make an appropriate entry on the relevant folio of the Register.

(4)  If a notice was lodged in the Registry of Deeds under subsection (1)(b) and –

(a) the Minister receives a copy of a permit under section 14(11) which describes a corridor that differs from the notified corridor; or

(b) an order is made under section 20 by which the order under section 7(2) which relates to the notice is revoked –

the Minister must lodge a copy of the permit or of the order, as the case may be, in the Registry of Deeds.

(5)  If –

(a) the Minister receives a copy of a permit under section 14(11) which describes a corridor that differs from the notified corridor; or

(b) an order is made under section 20 by which the order under section 7(2) which relates to the notice is revoked –

the Minister must lodge a copy of the permit or of the order, as the case may be, with the Director-General of Lands, and the Director-General must make an appropriate entry in the registers held by the Director-General.

16.   Establishment and membership of combined planning authority

(1)  A combined planning authority is established by an instrument in writing signed by the Minister which appoints the members of the combined planning authority and a deputy for each of those persons on the nomination of the specified planning authorities.

(2)  Subject to this section, a specified planning authority is to have the number of representatives which is specified in respect of the specified planning authority in the order declaring the major infrastructure project.

(3)  If an order under section 7(2) declares that the planning approval process in respect of the major infrastructure project is to be administered by a combined planning authority, each specified planning authority must, within 28 days of the receipt by the specified planning authority of notice from the Minister under section 7(7) , nominate in writing to the Minister the persons to be appointed by the Minister to the combined planning authority as members and deputy members representing the specified planning authority.

(4)  The Minister must establish the combined planning authority within 14 days of receiving all of the nominations required under subsection (3) .

(5)  The Minister may remove a person from the combined planning authority following consultation with the specified planning authority which nominated that person to the combined planning authority.

(6)  A person may, by notice to the Minister, resign as a member or deputy member of a combined planning authority.

(7)  If a vacancy arises on a combined planning authority, the specified planning authority which nominated the person who is to be replaced may nominate a person to fill the vacancy and the Minister must appoint the person so nominated to fill that vacancy.

(8)  When appointing a deputy member to a combined planning authority, the Minister is to specify the member of the combined planning authority for whom the deputy member is the deputy.

(9)  If a member of a combined planning authority is unable for any reason to perform the duties of a member, the member's deputy may perform those duties and, when doing so, is taken to be that member.

17.   Powers and functions of combined planning authority

(1)  A combined planning authority established by the Minister under section 16 in accordance with an order under section 7(2)  –

(a) is a body corporate with the name given to it in the order; and

(b) has perpetual succession; and

(c) has a seal; and

(d) may sue and be sued in its corporate name.

(2)  Subject to this Act, the combined planning authority –

(a) is taken, for all purposes in connection with the major infrastructure project, to be the planning authority which administers each planning scheme or special planning order under which a permit is required for the implementation of the major infrastructure project; and

(b) is the sole planning authority with responsibility for –

(i) the receipt of any application for a permit for a use or development comprised in the major infrastructure project; and

(ii) the setting of fees for such an application; and

(iii) exercising the powers and performing the functions of the planning authority under any relevant planning scheme or special planning order in relation to the application; and

(iv) exercising the powers and performing the functions of a planning authority under any Act in relation to the application; and

(v) correcting a permit, granted by the combined planning authority, in accordance with section 55 of the Land Use Planning and Approvals Act 1993 ; and

(vi) amending a permit, granted by the combined planning authority, in accordance with section 56 of the Land Use Planning and Approvals Act 1993 .

(3)  Any appeal under the Land Use Planning and Approvals Act 1993 in respect of the issue or amendment of a permit issued by a combined planning authority is to be taken against the combined planning authority.

(4)  If a permit is issued by a combined planning authority, the planning authority which normally administers the relevant planning scheme or special planning order is responsible for the enforcement of the permit.

(5)  The fee imposed by a combined planning authority for an application for a permit may be fixed with reference to the reasonable cost of the performance by the combined planning authority of its functions including the costs of carrying out an assessment of the proposal.

(6)  A combined planning authority may impose a further fee in respect of an application for a permit after receipt of that application, in order to recoup previously unanticipated costs reasonably incurred by the combined planning authority in the performance of its functions including the costs of carrying out an assessment of the proposal.

(7)  Notwithstanding any other law, a combined planning authority may refuse to grant a permit until fees imposed in accordance with subsections (5) and (6) have been paid.

(8)  The refusal of a combined planning authority to grant a permit until fees imposed in accordance with subsections (5) and (6) have been paid is not a failure to determine the application for the permit for the purposes of section 59 of the Land Use Planning and Approvals Act 1993 .

18.   Provisions with respect to meetings and administration of combined planning authority

(1)  The chairperson and deputy chairperson of a combined planning authority are to be appointed by the combined planning authority from the members of the combined planning authority.

(2)  The chairperson and deputy chairperson of the combined planning authority may attend and vote at the same meeting of the combined planning authority.

(3)  The provisions of the Local Government Act 1993 which are listed in Schedule 1 apply to a combined planning authority or a committee of a combined planning authority as if –

(a) the combined planning authority were a council; and

(b) the members of the combined planning authority were councillors elected to the council; and

(c) appointment to a combined planning authority were election to a council; and

(d) the chairperson of the combined planning authority were the mayor of the council; and

(e) the deputy chairperson of the combined planning authority were the deputy mayor of the council; and

(f) the general manager were the general manager of the council; and

(g) a committee of the combined planning authority were a council committee.

(4)  A combined planning authority is to have a general manager.

(5)  The general manager of a combined planning authority is to be appointed by the combined planning authority.

(6)  The administrative support for a combined planning authority is to be provided by such specified planning authority as the combined planning authority determines.

(7)  The costs and expenses incurred by a combined planning authority in performing its functions are to be shared equally between the specified planning authorities unless the combined planning authority otherwise determines.

(8)  An amount due from one specified planning authority to another under subsection (7) may be recovered as a debt in any court of competent jurisdiction.

(9)  A combined planning authority must maintain insurance which indemnifies it against any liability which it may incur in the performance of its functions.

19.   Amendment of order declaring major infrastructure project

(1)  The Minister may recommend to the Governor the making of an order which amends an order made by the Governor under section 7(2) .

(2)  Before making a recommendation to the Governor under subsection (1) , the Minister must determine whether the proposed amending order will alter the order made by the Governor under section 7(2) to such an extent or to such effect that the amending order should be submitted to Parliament for its approval.

(3)  The Governor may make an order in accordance with a recommendation made under subsection (1) .

(4)  An order under subsection (3) is to be published in the Gazette.

(5)  An order under subsection (3) is to state that the Minister has determined –

(a) that the order will not alter the order made by the Governor under section 7(2) to such an extent or to such effect that the amending order should be submitted to Parliament for its approval; or

(b) that the order will alter the order made by the Governor under section 7(2) to such an extent or to such effect that the amending order should be submitted to Parliament for its approval.

(6)  The Minister must cause an order under subsection (3) to be laid before each House of Parliament within the first 10 sitting days of the House after it is published in the Gazette.

(7)  An order which includes a statement under subsection (5)(b) is of no effect until it has been approved by both Houses of Parliament.

(8)  For the purpose of subsection (7) , a House of Parliament is taken to have approved an order under subsection (3) if a copy of it has been laid on the table of that House and –

(a) it is approved by that House; or

(b) at the expiration of 15 sitting days after it was laid on the table of that House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or negatived; or

(c) if any notice of a motion to disallow it is given during that period of 15 sitting days, the notice is, after the expiration of that period, withdrawn or negatived.

20.   Revocation of order declaring major infrastructure project

(1)  The Minister may recommend to the Governor the making of an order which revokes an order made under section 7(2) on the ground that –

(a) there has been a breach or failure to comply with a requirement, term or condition of the order; or

(b) there has been a failure to apply to a planning authority for a permit for each use or development comprised in the major infrastructure project within a period of 12 months from the date of the order or such further period as the Minister may have allowed in accordance with section 11(6)(b) ; or

(c) a permit granted for a use or development comprised in the major infrastructure project has lapsed pursuant to section 53(5) of the Land Use Planning and Approvals Act 1993 .

(2)  The Governor may make an order in accordance with a recommendation made under subsection (1) .

(3)  An order under subsection (2) is to be published in the Gazette.

(4)  The Minister must cause an order under subsection (2) to be laid before each House of Parliament within the first 10 sitting days of the House after it is so published.

(5)  No action may be brought against the Crown or any servant or agent of the Crown for loss sustained by reason of the making of an order under subsection (2) .

(6)  If an order is made under subsection (2)  –

(a) any permit granted since the making of the order under section 7(2) for a use or development comprised in the major infrastructure project ceases to have effect; and

(b) section 73(3)(a) of the Land Acquisition Act 1993 applies to any land acquired by the Crown under that Act for the purposes of the major infrastructure project to which the order relates.

21.   Referral of planning approval process to Commission by Minister

(1)  If a specified planning authority or a combined planning authority fails to fulfil any of its obligations under this Act and does not remedy that failure within 14 days of being required by notice in writing from the Minister to do so, the Minister may by order declare that the planning approval process in respect of the major infrastructure project is to be administered by the Commission.

(2)  If the Minister determines that –

(a) a combined planning authority has become unworkable; and

(b) the situation cannot be suitably remedied using the Minister's powers under section 16  –

the Minister may by order dismiss the members and deputy members of the combined planning authority and declare that the planning approval process in respect of the major infrastructure project is to be administered by the Commission.

(3)  The Minister must cause an order under this section to be laid before each House of Parliament within the first 10 sitting days of the House after the order is made together with a statement of the Minister's reasons for making the order.

22.   Assessment and approval of major infrastructure project by Commission

(1)  This section applies if –

(a) an order under section 7(2) declares that the planning approval process in respect of a major infrastructure project is to be administered by the Commission; or

(b) an order is made by the Minister under section 21 declaring that the planning approval process in respect of a major infrastructure project is to be administered by the Commission.

(2)  Where this section applies, the Commission –

(a) is taken, for all purposes in connection with the major infrastructure project, to be the planning authority which administers each planning scheme or special planning order under which a permit is required for the implementation of the major infrastructure project; and

(b) is the sole planning authority with responsibility for –

(i) the receipt of any application for a permit for a use or development comprised in the major infrastructure project; and

(ii) the setting of fees for such an application; and

(iii) exercising the powers and performing the functions of the planning authority under any relevant planning scheme or special planning order in relation to the application; and

(iv) exercising the powers and performing the functions of a planning authority under any Act in relation to the application; and

(v) correcting a permit, granted by the Commission, in accordance with section 55 of the Land Use Planning and Approvals Act 1993 ; and

(vi) amending a permit, granted by the Commission, in accordance with section 56 of the Land Use Planning and Approvals Act 1993 .

(3)  Any appeal under the Land Use Planning and Approvals Act 1993 in respect of the issue or amendment of a permit issued by the Commission is to be taken against the Commission.

(4)  If a permit is issued by the Commission, the planning authority which normally administers the relevant planning scheme or special planning order is responsible for the enforcement of the permit.

(5)  The fee imposed by the Commission for an application for a permit may be fixed with reference to the reasonable cost of the performance by the Commission of its functions with respect to the application including the costs of carrying out an assessment of the proposal.

(6)  The Commission may impose a further fee in respect of an application for a permit after receipt of that application, in order to recoup previously unanticipated costs reasonably incurred by the Commission in the performance of its functions with respect to the application including the costs of carrying out an assessment of the proposal.

(7)  Notwithstanding any other law, the Commission may refuse to grant a permit until fees imposed in accordance with subsections (5) and (6) have been paid.

(8)  The refusal of the Commission to grant a permit until fees imposed in accordance with subsections (5) and (6) have been paid is not a failure to determine the application for the permit for the purposes of section 59 of the Land Use Planning and Approvals Act 1993 .

(9)  If the Commission assumes the administration of the planning approval process in respect of a major infrastructure project by reason of an order made by the Minister under section 21 , the Commission may adopt anything previously done by the combined planning authority or may, by notice to the proponent, elect to repeat anything so done.

(10)  A notice to the proponent under subsection (9) is to specify the thing done by the combined planning authority which the Commission has elected to repeat and the Commission's reasons for electing to repeat that thing.

(11)  Except to the extent specified by a notice under subsection (9) , anything done by the combined planning authority in relation to the major infrastructure project before the Minister's order is to be taken to have been done by the Commission.

PART 3 - Miscellaneous

23.   Regulations

(1)  The Governor may make regulations for the purposes of this Act.

(2)  Regulations made under this Act may –

(a) authorise any matter to be determined, applied or regulated by a person or body specified in the regulations; and

(b) be made subject to conditions or so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.

24.   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 Minister for Primary Industries, Water and Environment; and

(b) the department responsible to the Minister for Primary Industries, Water and Environment in relation to the administration of this Act is the Department of Primary Industries, Water and Environment.

25.    Land Acquisition Act 1993 amended

After section 7 of the Land Acquisition Act 1993 , the following Part is inserted:

PART 1A - ACQUISITION OF LAND BY CROWN FOR PRIVATE SECTOR INFRASTRUCTURE PROJECT

7A.   Interpretation: Part 1A

For the purposes of this Part –

development has the same meaning as in the Land Use Planning and Approvals Act 1993 ;

infrastructure means any structure, facility or work arising in connection with the provision to the public or a section of the public of services relating to –

(a) water;

(b) energy;

(c) communications;

(d) transport;

(e) education;

(f) health;

(g) emergency response;

(h) sewerage;

(i) any other service which may be prescribed;

permit has the same meaning as in the Land Use Planning and Approvals Act 1993 ;

planning authority has the same meaning as in the Land Use Planning and Approvals Act 1993 ;

proponent means the person who proposes to construct or operate infrastructure on land acquired pursuant to an order made under this Part, and does not include the Crown;

proposed infrastructure, in relation to an order made under section 7B(2) , means the infrastructure which it is proposed to develop on land to which the order relates;

Register has the same meaning as in the Land Titles Act 1980 ;

Registry of Deeds has the same meaning as in the Registration of Deeds Act 1935 ;

sale, in relation to land, means the disposal of land by sale, lease, exchange for proper consideration or any other means;

special planning order has the same meaning as in the Land Use Planning and Approvals Act 1993 ;

use has the same meaning as in the Land Use Planning and Approvals Act 1993 .

7B.   Order authorising acquisition of land for purposes of infrastructure to be constructed or operated by private sector

(1)  The Minister may recommend to the Governor the making of an order authorising the Minister to acquire land for the purposes of infrastructure to be constructed or operated by a person other than the Crown.

(2)  The Governor may make an order in accordance with a recommendation made under subsection (1) .

(3)  An order under subsection (2) is to be published in the Gazette.

(4)  The Minister must cause an order under subsection (2) to be laid before each House of Parliament within the first 10 sitting days of the House after it is so published.

(5)  An order under subsection (2) is of no effect until it has been approved by both Houses of Parliament.

(6)  For the purposes of subsection (5) , a House of Parliament is taken to have approved an order under subsection (2) if a copy of it has been laid on the table of that House and –

(a) it is approved by that House; or

(b) at the expiration of 15 sitting days after it was laid on the table of that House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or negatived; or

(c) if any notice of a motion to disallow it is given during that period of 15 sitting days, the notice is, after the expiration of that period, withdrawn or negatived.

(7)  As soon as practicable after an order under subsection (2) has taken effect, the Minister must give written notice of the taking effect of the order to –

(a) each planning authority with jurisdiction over the land to which the order relates; and

(b) each planning authority on which obligations are imposed by the order; and

(c) each instrumentality or agency of the Crown on which obligations are imposed by the order; and

(d) each owner of land which it is proposed to acquire pursuant to the order.

7C.   Conditions precedent to Ministerial recommendation

(1)  The Minister may not make a recommendation under section 7B(1) that an order be made which authorises the acquisition of land for the purposes of infrastructure to be constructed or operated by a person other than the Crown unless –

(a) the Minister has received a report from the proponent which provides a comprehensive description of the proposed infrastructure and contains such information in relation to the proposed infrastructure as may be prescribed; and

(b) that report –

(i) is accompanied by the written consent of the owner of the land to the making of the proposed order; or

(ii) states that it has not been possible to obtain such consent and explains why this has not been possible; and

(c) the Minister has given the owner of the land at least 14 days' notice of the Minister's intention to make the recommendation; and

(d) the Minister is satisfied that it is in the public interest for the proposed order to be made.

(2)  In determining whether it is in the public interest for the proposed order to be made, the Minister must have regard to such matters as may be prescribed.

7D.   Content of order

(1)  An order made by the Governor under section 7B(2) is to –

(a) identify the proponent; and

(b) authorise the Minister to acquire specified land under this Act for the purposes of proposed infrastructure; and

(c) describe the proposed infrastructure, specifying –

(i) the nature of each use or development which is to occur in connection with the proposed infrastructure on the land which is to be acquired pursuant to the order; and

(ii) the parcel of land upon which each such use or development is to occur.

(2)  An order made by the Governor under section 7B(2) may –

(a) declare that compliance with section 52(1) of the Land Use Planning and Approvals Act 1993 is not required; and

(b) require an instrumentality or agency of the Crown or planning authority which is specified in the order to provide the proponent or any other person with such guidelines or other information as the order may specify by such date as the order may specify; and

(c) require the proponent identified in the order to lodge with the Crown a financial assurance in the form of a bond (supported by a guarantee or other security) or specified pecuniary sum, in an amount specified in the order and by a specified date, to be forfeited on failure to comply with terms or conditions specified in the order; and

(d) require the proponent identified in the order to pay to the Crown an amount specified in the order by a specified date, to cover costs and expenses which may be incurred by the Crown or any person in connection with the acquisition of land pursuant to the order; and

(e) require compliance by the proponent or any other person with terms or conditions set out in the order; and

(f) authorise the sale by the Crown to the proponent of any specified land the acquisition of which is authorised by the order.

7E.   Effect of order

(1)  An authorisation given to the Minister by an order under section 7B(2) is an authorisation for the purposes of section 4(1) .

(2)  Land may not be acquired pursuant to an order under section 7B(2) until a permit in connection with the proposed infrastructure has been granted in respect of that land.

(3)  If an order under section 7B(2) declares that compliance with section 52(1) of the Land Use Planning and Approvals Act 1993 is not required –

(a) section 52(1) of that Act and any provisions of the relevant planning scheme or special planning order which require the giving of notice to the owner of land in respect of which a permit is sought do not apply; and

(b) notice of the making of an application for a permit in connection with the development of the proposed infrastructure on the land to which the order relates is, at least 14 days before the making of the application, to be served by the applicant on the owner of the land in respect of which the permit is required.

(4)  A notice for the purpose of subsection (3)(b) is to contain such information as may be prescribed.

(5)  If an order under section 7B(2) declares that compliance with section 52(1) of the Land Use Planning and Approvals Act 1993 is not required, a planning authority which receives an application for a permit in connection with the proposed infrastructure must not accept that application unless it is satisfied that the requirements of subsections (3) and (4) have been met.

(6)  If an order under section 7B(2) requires any instrumentality or agency of the Crown or planning authority which is specified in the order to provide the proponent or another person by a specified date with such guidelines or other information as the order may specify, the instrumentality, agency or authority to which the requirement is directed must comply with the requirement.

(7)  If an order under section 7B(2) requires the proponent identified in the order to pay to the Crown a financial assurance in the form of a bond (supported by a guarantee or other security) or specified pecuniary sum to be forfeited on failure to comply with terms or conditions specified in the order, the bond or sum is forfeited to the Crown on –

(a) failure to comply with any of those terms or conditions; or

(b) failure to apply to a planning authority for a permit for each use or development specified in the order within a period of 12 months from the date of the order or such further period, expiring not more than 24 months from the date of the order, as the Minister may allow; or

(c) the lapse under section 53(5) of the Land Use Planning and Approvals Act 1993 of any permit which is granted for a use or development specified in the order.

(8)  If an order under section 7B(2) requires the proponent identified in the order to pay to the Crown an amount specified in the order by a specified date to cover costs and expenses which may be incurred by the Crown or any person in connection with the acquisition of land pursuant to the order, the amount is a debt due to the Crown from the proponent identified in the order and may be recovered by the Crown from the proponent in any court of competent jurisdiction.

7F.   Sale of land acquired pursuant to order

(1)  Land acquired by the Crown pursuant to an order under section 7B(2) may not be sold unless –

(a) the sale of that land has been authorised under section 7D(2)(f) or notice of the proposed sale has been published and approved by each House of Parliament in accordance with section 64 of the Crown Lands Act 1976 ; and

(b) a permit has been granted in connection with the development of the proposed infrastructure in respect of the land and –

(i) the period specified under section 61 of the Land Use Planning and Approvals Act 1993 for appealing the decision of the planning authority to grant the permit has expired and no appeal has been lodged; or

(ii) where such an appeal has been lodged, the appeal has been determined.

(2)  Section 73(3)(a) does not apply to the sale of land acquired pursuant to an order made under section 7B(2) provided that development in connection with the proposed infrastructure occurs on the land.

7G.   Use and development of land acquired pursuant to order

(1)  Unless written approval is given by the Minister, land which is acquired pursuant to an order under section 7B(2) may only be used or developed in connection with the proposed infrastructure.

(2)  Unless written approval is given by the Minister, a planning authority may not grant a permit for a use or development on land which is acquired pursuant to an order under section 7B(2) unless that use or development is in connection with the proposed infrastructure.

(3)  Approval given by the Minister for the purposes of subsection (1) or (2) is to be laid before each House of Parliament within the first 10 sitting days of the House after the approval is given.

(4)  Subsections (1) and (2) apply whether or not –

(a) the Crown is the owner of the land; or

(b) the order under section 7B(2) has been revoked.

(5)  Subsections (1) and (2) cease to apply to land 10 years after the making of the order under section 7B(2) which authorised the acquisition of the land.

(6)  If the Crown sells land acquired pursuant to section 7B(2) and the use or development of the land is restricted under this section, the Crown must –

(a) if the land is under the Land Titles Act 1980 , give notice of the restriction to the Recorder of Titles; and

(b) if the land is not under the Land Titles Act 1980 , lodge a notice of the restriction in the Registry of Deeds.

(7)  A notice for the purposes of subsection (6) is to state when the restriction is to cease.

(8)  The Recorder of Titles must register a notice under subsection (6)(a) by making an appropriate entry in the Register.

7H.   Injurious affection

(1)  If land to which an order under section 7B(2) relates is injuriously affected by the making of the order, the owner of the land or its purchaser, in the case of land being purchased under a Crown lands contract, is entitled to compensation from the proponent identified in the order for the injurious affection to that land and to other land belonging to that person.

(2)  A claim by an owner of land for compensation under subsection (1) is to be made within a period of 12 months of the grant of the permit.

(3)  If not agreed on, a claim for compensation under subsection (1) is to be determined in the same manner as a disputed claim for compensation under this Act as if the proponent identified in the order under section 7B(2) were an acquiring authority within the meaning of this Act.

(4)  Compensation is not payable under this section in respect of injurious affection for which compensation is otherwise payable under this Act.

7I.   Amendment of order

(1)  The Minister may recommend to the Governor the making of an order which amends an order made under section 7B(2) .

(2)  Before making a recommendation to the Governor under subsection (1) , the Minister must determine whether the proposed amending order will alter the order made by the Governor under section 7B(2) to such an extent or to such effect that the amending order should be submitted to Parliament for its approval.

(3)  The Governor may make an order in accordance with a recommendation made under subsection (1) .

(4)  An order under subsection (3) is to be published in the Gazette.

(5)  An order under subsection (3) is to state that the Minister has determined –

(a) that the order will not alter the order made by the Governor under section 7B(2) to such an extent or to such effect that the amending order should be submitted to Parliament for its approval; or

(b) that the order will alter the order made by the Governor under section 7B(2) to such an extent or to such effect that the amending order should be submitted to Parliament for its approval.

(6)  The Minister must cause an order under subsection (3) to be laid before each House of Parliament within the first 10 sitting days of the House after it is published in the Gazette.

(7)  An order which includes a statement under subsection (5)(b) is of no effect until it has been approved by both Houses of Parliament.

(8)  For the purpose of subsection (7) , a House of Parliament is taken to have approved an order under subsection (3) if a copy of it has been laid on the table of that House and –

(a) it is approved by that House; or

(b) at the expiration of 15 sitting days after it was laid on the table of that House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or negatived; or

(c) if any notice of a motion to disallow it is given during that period of 15 sitting days, the notice is, after the expiration of that period, withdrawn or negatived.

7J.   Revocation of order

(1)  The Minister may recommend to the Governor the making of an order which revokes an order made under section 7B(2) on the ground that –

(a) there has been a breach or failure to comply with a requirement, term or condition of the order; or

(b) there has been a failure to apply to a planning authority for a permit for each use or development specified in the order within a period of 12 months from the date of the order or such further period as the Minister may have allowed in accordance with section 7E(7)(b) ; or

(c) a permit granted for a use or development specified in the order has lapsed pursuant to section 53(5) of the Land Use Planning and Approvals Act 1993 .

(2)  The Governor may make an order in accordance with a recommendation made under subsection (1) .

(3)  An order under subsection (2) is to be published in the Gazette.

(4)  The Minister must cause an order under subsection (2) to be laid before each House of Parliament within the first 10 sitting days of the House after it is so published.

(5)  No action may be brought against the Crown or any servant or agent of the Crown for loss sustained by reason of the making of an order under subsection (2) .

(6)  If an order is made under subsection (2)  –

(a) any permit granted since the making of the order under section 7B(2) for a use or development specified in that order ceases to have effect; and

(b) section 73(3)(a) applies to any land acquired by the Crown pursuant to the order under section 7B(2) .

SCHEDULE 1 - Provisions in Local Government Act 1993 applicable to combined planning authority

Section 18(3)

1.   Section 3

2.   Section 23

3.   The provisions of Part 5

4.   Section 62, other than paragraph (1)(c)

5.   Section 65

6.   Section 76

7.   Section 84

8.   Section 85

9.   The provisions of Division 7 of Part 12

10.   Section 341

11.   Section 342

12.   Section 343

13.   The provisions of Schedule 4, other than clauses 2, 3(2), 14 and 15.

[Second reading presentation speech made in:

House of Assembly on 25 NOVEMBER 1999

Legislative Council on 1 DECEMBER 1999]