Land Acquisition Amendment (Major Infrastructure Project) Act 2002
An Act to amend the Land Acquisition Act 1993
[Royal Assent 30 May 2002]
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 Acquisition Amendment (Major Infrastructure Project) Act 2002 .
This Act commences on the day on which this Act receives the Royal Assent.
In this Act, the Land Acquisition Act 1993 is referred to as the Principal Act.
4. Section 54A amended (Powers of entry to carry out works in relation to major infrastructure projects)
Section 54A of the Principal Act is amended as follows:(a) by omitting from subsection (2) ", for a period not exceeding 6 months,";(b) by omitting from subsection (2) "construction" and substituting "implementation";(c) by inserting in subsection (10) ", or such extended period as the Minister may approve under subsection (10A) ," after "months";(d) by inserting the following subsections after subsection (10) :(10A) Subject to this section, the Minister may grant approval in writing extending the period within which a plan must be provided pursuant to subsection (10) .(10B) The Minister may grant approval under subsection (10A) on more than one occasion, but must not approve an extension of the period referred to in subsection (10A) by more than 12 months in total.(10C) The Minister may only approve an extension of the period referred to in subsection (10A) if the Minister is satisfied that the extension is reasonably necessary and after consultation with any affected landowners and the Executive Director of the Tasmanian Farmers and Graziers Association.(10D) As soon as practicable after granting an approval under subsection (10A) , the Minister must cause a copy of the approval to be served on any person who is a prescribed person in respect of the authorisation to which the approval relates.(e) by omitting from subsection (12) "Within 28 days of receipt of" and substituting "As soon as practicable after receiving";(f) by inserting the following subsection after subsection (12) :(13) If a notice to treat is served in respect of land to which an authorisation under subsection (2) relates, the authorisation ceases, except for the purposes of carrying out any necessary rehabilitation works, to apply to any land not identified in the notice to treat as being land proposed to be taken.
(1) In this section,subsisting authorisation means an authorisation under section 54A(2) of the Principal Act that is in force when this Act commences.(2) Subject to section 54A(13) of the Principal Act, a subsisting authorisation –(a) continues in force until revoked by the Minister; and(b) is to be taken as authorising the person to whom it was given to enter and remain on the land to which it relates for the purposes of the implementation of the major infrastructure project to which it relates.(3) Subsection (2) has effect notwithstanding –(a) the terms of the subsisting authorisation; or(b) section 54A(2) of the Principal Act as in force immediately before this Act commences.
[Second reading presentation speech made in:
House of Assembly on 18 APRIL 2002
Legislative Council on 21 MAY 2002]