Land Acquisition (Private Sector Infrastructure Projects) Amendment Regulations 2000

Land Acquisition (Private Sector Infrastructure Projects) Amendment Regulations 2000

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Land Acquisition Act 1993 .

31 January 2000

G. S. M. GREEN

Governor

By His Excellency's Command,

P. A. LENNON

For and on behalf of the Minister for Primary Industries, Water and Environment

1.   Short title

These regulations may be cited as the Land Acquisition (Private Sector Infrastructure Projects) Amendment Regulations 2000 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Land Acquisition Regulations 1993 are referred to as the Principal Regulations.

4.    Regulations 12 and 13 inserted

After regulation 11 of the Principal Regulations , the following regulations are inserted in Part 3:

12.   Information to be contained in report to Minister from proponent of proposed infrastructure

(1)  For the purpose of section 7C(1)(a) of the Act, the following information is prescribed as the information to be contained in a report to the Minister from the proponent of proposed infrastructure:

(a) an executive summary of the proposed infrastructure;

(b) an outline of the proposed infrastructure as specified in subregulation (2) ;

(c) a proposed timetable for the proposed infrastructure as specified in subregulation (3) ;

(d) an assessment of the public benefits of the proposed infrastructure including –

(i) the details of the matters to be considered in determining whether or not it is in the public interest for the making of an order in accordance with the Act authorising the Minister to acquire land for the purposes of infrastructure to be constructed or operated by a person other than the Crown; and

(ii) details of other potential social, economic and environmental impacts associated with the proposed infrastructure that the proponent considers relevant to the determination;

(e) any consultation that has been undertaken with stakeholders and with owners of land that may be affected by the proposed infrastructure, and the outcome of that consultation and an outline of further consultation that is planned with respect to any of the matters specified in paragraphs (a) to (f) of subregulation (3) .

(2)  The outline of the proposed infrastructure is to be supported, where appropriate, with maps, schematic diagrams, aerial photographs and computer-aided representations and is to include the following:

(a) background of the proponent of the proposed infrastructure including details of experience and financial capacity to construct the proposed infrastructure and details as to where the proponent may be contacted;

(b) the purpose of the proposed infrastructure;

(c) a project description of the proposed infrastructure including –

(i) a description of each use or development comprised in the proposed infrastructure; and

(ii) a description of all proposed major buildings, structures, equipment and ancillary facilities comprised in the proposed infrastructure; and

(iii) a description of the proposed ongoing operations associated with the proposed infrastructure;

(d) the level of investment that will be required to establish the proposed infrastructure;

(e) details of –

(i) any legislation of this State and the Commonwealth relevant to the proposed infrastructure; and

(ii) any State policy, within the meaning of the State Policies and Projects Act 1993 , relevant to the proposed infrastructure;

(f) details of the proposed geographical location of the proposed infrastructure, including details of the municipal areas and municipal boundaries relevant to the proposed infrastructure and an outline of any constraints analysis and alternative route investigations undertaken by the proponent;

(g) a statement as to whether the proponent wishes the Crown to acquire and sell to the proponent any land for the purposes of the proposed infrastructure and, if so, details, to the extent known, of the land likely to be required;

(h) details of any land or easements, including construction and corridor access easements, that must be acquired in order for the proposed infrastructure to proceed;

(i) a general description of the physical environment that may potentially be affected by the proposed infrastructure including landforms, waterways, land uses, existing infrastructure, flora, fauna and heritage values;

(j) a general description of the social and economic environment that may potentially be affected by the proposed infrastructure.

(3)  The proposed timetable for the proposed infrastructure is to include details of the timing of –

(a) planning and data collection relating to environmental issues and any other issues; and

(b) community consultation over the whole course of the development of the proposed infrastructure; and

(c) land acquisition required for the proposed infrastructure; and

(d) any discrete stages in the development of the proposed infrastructure; and

(e) construction and post-construction rehabilitation; and

(f) completion of the proposed infrastructure.

13.   Information to be contained in notice of making application for permit

For the purpose of section 7E(4) of the Act, the following information is prescribed as the information to be contained in a notice of the making of an application for a permit in connection with the development of proposed infrastructure:

(a) a statement that the notice is given under section 7E(3)(b) of the Act;

(b) a statement by the applicant that a permit application will be lodged, the place where it is intended that the permit application will be lodged and the day on which it is proposed that the permit application will be lodged;

(c) a statement describing the nature of the use or development in respect of which the permit application will be made;

(d) details of where the applicant may be contacted;

(e) a statement of the rights of representation and appeal under the Land Use Planning and Approvals Act 1993 and, if appropriate, the Environmental Management and Pollution Control Act 1994 of an owner of land affected by the permit application;

(f) an outline of the approvals process under this Act, the Land Use Planning and Approvals Act 1993 and, if appropriate, the Environmental Management and Pollution Control Act 1994 and its proposed timing;

(g) an outline of the right of an owner of land affected by the permit application to compensation, including injurious affection, under the Act.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 9 February 2000

These regulations are administered in the Department of Primary Industries, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Land Acquisition Regulations 1993 by –

(a) prescribing for the purpose of section 7C(1)(a) of the Land Acquisition Act 1993 the information to be contained in a report to the Minister from the proponent of proposed infrastructure; and

(b) prescribing for the purpose of section 7E(4) of the Land Acquisition Act 1993 the information to be contained in a notice of the making of an application for a permit in connection with the development of proposed infrastructure.