Land Use Planning and Approvals Amendment Act (No. 2) 2001
An Act to amend the Land Use Planning and Approvals Act 1993
[Royal Assent 17 December 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 Land Use Planning and Approvals Amendment Act (No. 2) 2001 .
(1) Section 4 commences on a day to be proclaimed.(2) The remaining provisions of this Act commence on the day on which this Act receives the Royal Assent.
In this Act, the Land Use Planning and Approvals Act 1993 is referred to as the Principal Act.
4. Section 4 amended (Application of Act)
Section 4(2) of the Principal Act is amended by omitting "State except" and substituting "State, including reserved land within the meaning of the National Parks and Wildlife Act 1970 but excluding".
5. Section 35 amended (Certification of draft amendments by planning authorities)
Section 35 of the Principal Act is amended as follows:(a) by omitting from subsection (2) "signed by the mayor and general manager" and substituting "affixed with the common seal";(b) by omitting subsection (3) .
6. Section 43B amended (Application of certain provisions to draft amendment)
Section 43B of the Principal Act is amended as follows:(a) by omitting " section 38(a)(i) " and substituting " section 38(a) ";(b) by omitting "within 3 weeks from the date on which notice is given by the Commission or such longer period as the Commission may allow" and substituting "for a period, being not less than 3 weeks and not more than 2 months, determined by the planning authority".
7. Section 52 amended (What if applicant is not the owner?)
Section 52 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "notify the owner of the land, in writing, of the making of the application within 7 days after making it" and substituting "include in the application for the permit a declaration that the applicant has notified the owner of the intention to make the application";(b) by omitting from subsection (1B)(a) "mayor of the council or, if the mayor is unavailable or unable to sign the application, the deputy mayor" and substituting "general manager";(c) by omitting from subsection (1B)(b) "Minister, mayor or deputy mayor" and substituting "Minister or general manager";(d) by omitting subsection (1C) and substituting the following subsections:(1C) In subsection (1B) , "general manager" has the same meaning as in the Local Government Act 1993 .(1D) The Minister of the Crown administering the Crown Lands Act 1976 may delegate his or her functions under subsection (1B) to the Director-General of Lands.(1E) The Director-General of Lands may delegate to a person prescribed for the purposes of section 71(2) of the Crown Lands Act 1976 a function delegated to the Director-General under subsection (1D) .(1F) A Minister of the Crown administering land administered or owned by the Crown, other than the Minister of the Crown administering the Crown Lands Act 1976 , may delegate to any person the Minister considers appropriate his or her functions under subsection (1B) .(1G) The general manager of a council may delegate to an employee of the council his or her functions under subsection (1B) .
8. Section 57 amended (Applications for discretionary permits)
Section 57(6A) of the Principal Act is amended as follows:(a) by omitting " subsection (6)(b)(i) or (ii) " and substituting " subsection (6)(b) ";(b) by omitting " subsection (6) " and substituting "that subsection".
[Second reading presentation speech made in:
House of Assembly on 20 NOVEMBER 2001
Legislative Council on 21 NOVEMBER 2001]