Major Infrastructure Development Approvals Regulations 2000

Major Infrastructure Development Approvals 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 Major Infrastructure Development Approvals Act 1999 .

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 Major Infrastructure Development Approvals Regulations 2000 .

2.   Commencement

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

3.   Interpretation

In these regulations,

Act means the Major Infrastructure Development Approvals Act 1999 .

4.   Information to be contained in report to Minister from proponent of project

(1)  For the purpose of section 8(1)(b) of the Act, the following information is prescribed as the information to be contained in a report to the Minister from the proponent of a project:

(a) an executive summary of the project;

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

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

(d) an assessment of the public benefits of the project including –

(i) the details of the matters to be considered in determining whether or not it is in the public interest for the project to be declared a major infrastructure project in accordance with the Act; and

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

(e) any consultation that has been undertaken with stakeholders 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 (g) of subregulation (3) .

(2)  The outline of the project 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 project including details of experience and financial capacity to undertake the project and details as to where the proponent may be contacted;

(b) the purpose of the project;

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

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

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

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

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

(e) details of –

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

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

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

(g) a statement as to whether a corridor is required and the proposed width of the corridor;

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

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

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

(k) a general description of the social and economic environment that may potentially be affected by the project.

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

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

(b) community consultation over the whole course of the project; and

(c) surveys required to define the corridor; and

(d) land acquisition required for the project; and

(e) any discrete stages in the development of the project; and

(f) construction and post-construction rehabilitation; and

(g) completion of the project.

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

For the purpose of section 11(3) 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 major infrastructure project:

(a) a statement that the notice is given under section 11(2)(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.

6.   Advertisement of exhibition of draft criteria

(1)  The exhibition under section 12(3)(b) of the Act of the draft criteria against which any use or development comprised in the major infrastructure project is to be assessed is to be advertised in a daily newspaper circulating generally in the region relevant to the project to which the draft criteria relate.

(2)  The advertisement is to –

(a) contain a statement that the draft criteria have been advertised in accordance with section 12(3)(b) of the Act; and

(b) outline the reason for the advertisement; and

(c) contain a brief description of the project; and

(d) contain a statement indicating where and how copies of the draft criteria can be viewed or obtained; and

(e) contain a statement advising that representations may be made up to the end of such period, being not less than 14 days from the date the advertisement is published, as specified in the notice, together with details of how and where representations can be lodged; and

(f) contain details of a contact person if further information is required relating to the project.

7.   Advertisement of availability of finalised criteria for inspection

(1)  The availability under section 12(7) of the Act of finalised criteria for inspection is to be advertised in a daily newspaper circulating generally in the region relevant to the project to which the finalised criteria relate.

(2)  The advertisement is to –

(a) contain a statement that the finalised criteria have been advertised in accordance with section 12(7) of the Act; and

(b) contain a statement to the effect that the criteria have been finalised and the location and means by which copies of the criteria can be viewed or obtained.

8.   Information to be contained in notice to owner of land of proposed corridor

For the purpose of section 14(6)(b) of the Act, the following information is prescribed as the information to be contained in the notice to an owner of land within a proposed corridor:

(a) the purpose of the notice and the section of the Act under which the notice is given;

(b) the implications of the notice generally on use of the land within the proposed corridor;

(c) an outline of the right of an owner of land within the proposed corridor to compensation, including injurious affection, under the Act;

(d) the name and contact details of the proponent of the project to which the proposed corridor relates;

(e) an outline of the project;

(f) a description of the land to be affected by the proposed corridor;

(g) a statement that, if a permit is granted, the Crown may seek to purchase, or acquire, an easement over the land affected by the proposed corridor;

(h) the provisions of section 14 of the Act;

(i) the part of the plan lodged with the Minister under section 14(1) of the Act that relates to the owner's land;

(j) an indication of the approval process under this Act, the Land Use Planning and Approvals Act 1993 and, if appropriate, the Environmental Management and Pollution Control Act 1994 from the date of the notice including the proposed timing of this process;

(k) a statement of the owner's 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 .

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 –

(a) prescribe for the purpose of section 8(1)(b) of the Major Infrastructure Development Approvals Act 1999 the information to be contained in a report to the Minister from the proponent of a project; and

(b) prescribe for the purpose of section 11(3) of the Major Infrastructure Development Approvals Act 1999 the information to be contained in a notice of the making of an application for a permit in connection with a major infrastructure project; and

(c) prescribe the advertisement of the exhibition under section 12(3)(b) of the Major Infrastructure Development Approvals Act 1999 of the draft criteria and the content of the advertisement; and

(d) prescribe the advertisement of the availability under section 12(7) of the Major Infrastructure Development Approvals Act 1999 of the finalised criteria for inspection and the content of the advertisement; and

(e) prescribe the information to be contained in the notice under section 14(6)(b) of the Major Infrastructure Development Approvals Act 1999 to an owner of land within a proposed corridor.