Land Use Planning and Approvals Amendment Regulations 2009
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 Use Planning and Approvals Act 1993 .
30 November 2009PETER G. UNDERWOOD
Governor
By His Excellency's Command,
D. E. LLEWELLYN
Minister for Planning
These regulations may be cited as the Land Use Planning and Approvals Amendment Regulations 2009 .
These regulations take effect on the day on which section 9 of the Land Use Planning and Approvals Amendment (State and Regional Strategies) Act 2009 commences.
In these regulations, the Land Use Planning and Approvals Regulations 2004 are referred to as the Principal Regulations.
4. Part 3: Heading amended
Part 3 of the Principal Regulations is amended by omitting "MISCELLANEOUS" from the heading to that Part and substituting "FEES AND AGENCIES".
5. Part 4 inserted
After regulation 10 of the Principal Regulations , the following Part is inserted:PART 4 - Projects of Regional Significance(1) For the purposes of section 60N(9) of the Act, notice of the assessment guidelines for a project is to be given by placing a notice in a newspaper generally circulating in the area in which the project is to take place.(2) A notice under subregulation (1) –(a) is to specify where copies of the assessment guidelines may be inspected by members of the public; and(b) may include any other matters that the Panel thinks fit.12. Notice of public exhibition of project of regional significance
(1) For the purposes of section 60Q(1) of the Act, notice of the public exhibition of a project of regional significance is to be given by –(a) placing a notice in a newspaper generally circulating in the area in which the project is to take place; and(b) displaying, on the land to which the project relates, a notice –(i) in a size not less than A4; and(ii) as near as possible to each public boundary.(2) The notice for the purposes of subregulation (1) in relation to a project is to contain, in addition to the matters it is required to contain by section 60Q(4)(a), (b) and (c) of the Act, the following matters:(a) the name of the proponent of the project;(b) a description of the project;(c) details of the proposed location of the project.(3) The notice for the purposes of subregulation (1) may also include any other matters that the Panel thinks fit.13. Public exhibition of assessment guidelines and project impact statement
For the purposes of section 60Q(5) of the Act, the assessment guidelines and project impact statement in relation to a project of regional significance are to be publicly exhibited –(a) at the offices of the Commission; and(b) at a website address of the Commission; and(c) at the office of the planning authorities notified of the project under section 60G(11)(b) of the Act.14. Notice after public exhibition begins
For the purposes of section 60R(1) of the Act, the manner in which notice is to be given after the public exhibition of the documents in relation to a project begins is to be by notice in writing.15. Notice of amendment to planning scheme pursuant to special permit being granted
(1) For the purposes of section 60Y(3)(b) of the Act, the notice of the amendment of a planning scheme is to be placed in a newspaper generally circulating in the area to which the planning scheme relates.(2) The notice for the purposes of subregulation (1) –(a) is to describe the amendment of a planning scheme to which the notice relates; and(b) is to describe the area to which the planning scheme relates; and(c) may contain any other details the Commission thinks fit.16. Relevant fee for projects of regional significance
(1) For the purposes of section 60I of the Act, the relevant fee in relation to a project that the Panel estimates is likely to cost less than $20 000 000 to construct is –whichever is the greater amount.(a) the amount equal to 0.2% of that estimated cost; or(b) $20 000 –(2) For the purposes of section 60I of the Act, the relevant fee in relation to a project that the Panel estimates is likely to cost $20 000 000 or more, but less than $400 000 000, to construct is –whichever is the greater amount.(a) the amount equal to 0.13% of that estimated cost; or(b) $40 000 –(3) For the purposes of section 60I of the Act, the relevant fee in relation to a project that the Panel estimates is likely to cost $400 000 000 or more to construct is –whichever is the greater amount.(a) the amount equal to 0.1% of that estimated cost; or(b) $520 000 –
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 9 December 2009
These regulations are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Land Use Planning and Approvals Regulations 2004 to include requirements in relation to notification of, and fees in relation to, projects of regional significance.