Major Infrastructure Development Approvals Amendment Act (No. 2) 2001
An Act to amend the Major Infrastructure Development Approvals Act 1999 and the Land Use Planning and Approvals Act 1993
[Royal Assent 10 October 2001]
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:
This Act may be cited as the Major Infrastructure Development Approvals Amendment Act (No. 2) 2001 .
This Act commences on the day on which this Act receives the Royal Assent.
In this Act, the Major Infrastructure Development Approvals Act 1999 is referred to as the Principal Act.
4. Section 11 amended (Effect of order declaring major infrastructure project)
Section 11 of the Principal Act is amended as follows:(a) by inserting the following subsection after subsection (3) :(3A) A notice for the purpose of subsection (2)(b) that is required to be served on an owner that is a company may be served by post on the owner at the postal address of the owner in the valuation roll prepared under section 23 of the Land Valuation Act 1971 .(b) by inserting the following subsections after subsection (4) :(4AAA) If an application for a permit in respect of a use or development comprised in a major infrastructure project has been accepted by a planning authority, whether before or after the commencement of the Major Infrastructure Development Approvals Amendment Act (No. 2) 2001 , the application is taken to be valid notwithstanding –(a) a failure to serve notice of the making of the application on each owner of land who is required under subsection (2)(b) to be served; or(b) a deficiency in the notice of the making of the application that is served.(4AA) No action may be taken against a planning authority in respect of a decision to accept an application for a permit, whether before or after the commencement of the Major Infrastructure Development Approvals Amendment Act (No. 2) 2001 , if that decision has been taken in good faith.
5. Section 14 amended (Corridors)
Section 14 of the Principal Act is amended as follows:(a) by inserting the following subsection after subsection (3) :(3A) A notice for the purpose of subsection (3) that is required to be served on an owner that is a company may be served by post on the owner at the postal address of the owner in the valuation roll prepared under section 23 of the Land Valuation Act 1971 .(b) by inserting the following subsection after subsection (6) :(6A) A corridor of which notice has been served by the Minister under subsection (3) , whether before or after the commencement of the Major Infrastructure Development Approvals Amendment Act (No. 2) 2001 , is a notified corridor notwithstanding –(a) a failure to serve each owner of land required under subsection (3) to be served; or(b) a failure to serve each owner of land by the time required by subsection (6)(a) ; or(c) a deficiency in the notice; or(d) a failure to comply with subsection (6)(c) in respect of each owner of land required to be served.
6. Section 14A amended (Amended corridors)
Section 14A of the Principal Act is amended as follows:(a) by inserting the following subsection after subsection (4) :(4A) A notice for the purpose of subsection (4) that is required to be served on an owner that is a company may be served by post on the owner at the postal address of the owner in the valuation roll prepared under section 23 of the Land Valuation Act 1971 .(b) by inserting the following subsection after subsection (7) :(8) A corridor of which notice has been served by the Minister under subsection (4) , whether before or after the commencement of the Major Infrastructure Development Approvals Amendment Act (No. 2) 2001 , is a notified corridor notwithstanding –(a) a failure to serve each owner of land required to be served; or(b) a failure to serve each owner of land by the time required by subsection (7)(a) ; or(c) a deficiency in the notice; or(d) a failure to comply with subsection (7)(c) in respect of each owner of land required to be served.
7. Section 17 amended (Powers and functions of combined planning authority)
Section 17 of the Principal Act is amended as follows:(a) by omitting from subsection (2)(b)(vi) " Land Use Planning and Approvals Act 1993 ." and substituting " Land Use Planning and Approvals Act 1993 ; and";(b) by inserting the following subparagraph after subparagraph (vi) in subsection (2)(b) :(vii) enforcing a permit granted by the combined planning authority until the combined planning authority issues a certificate in accordance with section 17A .(c) by omitting from subsection (3) "issue" and substituting "grant";(d) by omitting from subsection (3) "issued" and substituting "granted";(e) by omitting subsection (4) ;(f) by inserting in subsection (5) "but not including the costs of enforcing a permit granted by the combined planning authority" after "proposal";(g) by inserting in subsection (6) "but not including the costs of enforcing a permit granted by the combined planning authority" after "proposal";(h) by inserting the following subsections after subsection (8) :(9) A combined planning authority may recover the reasonable costs of enforcing a permit granted by the combined planning authority from the holder of the permit.(10) Costs which are payable to a combined planning authority under subsection (9) may be recovered as a debt in any court of competent jurisdiction.(11) In determining whether costs which have been incurred by a combined planning authority in enforcing a condition or restriction of a permit are reasonable, a court is to have regard to whether the Crown has undertaken to enforce that condition or restriction.
8. Section 17A inserted
After section 17 of the Principal Act , the following section is inserted in Part 2:17A. Subsequent enforcement of permit by planning authority
(1) If a combined planning authority is satisfied that all works authorised or required by a permit granted by the combined planning authority have been completed, the combined planning authority is to issue a certificate to that effect to each planning authority which normally administers a planning scheme or special planning order which is relevant to the works to which the certificate relates.(2) A combined planning authority which issues a certificate under subsection (1) is to give a copy of the certificate to the holder of the permit.(3) A planning authority to which a certificate is issued under subsection (1) is responsible for the enforcement of the permit to which the certificate relates to the extent that the permit deals with matters which would normally be within the jurisdiction of the planning authority.(4) A planning authority which, under subsection (3) , is responsible for the enforcement of a permit may recover the reasonable costs of enforcing the permit from the holder of the permit.(5) Costs which are payable to a planning authority under subsection (4) may be recovered as a debt in any court of competent jurisdiction.
9. Section 18 amended (Provisions with respect to meetings and administration of combined planning authority)
Section 18 of the Principal Act is amended by inserting after subsection (3) the following subsection:(3A) A specified planning authority is not to be taken as being a close associate, within the meaning of the Local Government Act 1993 , of a member of a combined planning authority or of a member of a committee of a combined planning authority.
10. Section 22 amended (Assessment and approval of major infrastructure project by Commission)
Section 22 of the Principal Act is amended as follows:(a) by omitting from subsection (3) "issue" and substituting "grant";(b) by omitting from subsection (3) "issued" and substituting "granted";(c) by omitting from subsection (4) "issued" and substituting "granted".
11. Land Use Planning and Approvals Act 1993 amended
Section 3(1) of the Land Use Planning and Approvals Act 1993 is amended by omitting the definition of owner and substituting the following definition:owner means –but does not include the holder of an interest in land other than the Crown in right of Tasmania if the interest of the holder cannot reasonably be discovered by a search of the Register, within the meaning of the Land Titles Act 1980 , or a search conducted at the Registry, within the meaning of the Registration of Deeds Act 1935 .(a) in the case of a fee simple estate in land, the person in whom that estate vested; or(b) in the case of land not registered under the Land Titles Act 1980 and subject to a mortgage, the person having, for the time being, the equity of redemption in that mortgage; or(c) in the case of land held under a tenancy for life, the person who is the life tenant; or(d) in the case of land held under a lease for a term of not less than 99 years or for a term of not less than such other prescribed period, the person who is the lessee of the land; or(e) in the case of land in respect of which a person has a prescribed interest, that person; or(f) in the case of Crown land within the meaning of the Crown Lands Act 1976 , the Crown in right of the State of Tasmania –
[Second reading presentation speech made in:
House of Assembly on 28 AUGUST 2001
Legislative Council on 4 OCTOBER 2001]