Land Use Planning and Approvals (Application of Act) Regulations 1994

Land Use Planning and Approvals (Application of Act) Regulations 1994

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 .

P. H. BENNETT

Governor

By His Excellency's Command,

T. JOHN CLEARY

Minister for Environment and Land Management

1.   Short title

These regulations may be cited as the Land Use Planning and Approvals (Application of Act) Regulations 1994 .

2.   Commencement

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

2A.   Interpretation

[Regulation 2A Inserted by S.R. 2001, No. 174, Applied:19 Dec 2001] In these regulations –

Act means the Land Use Planning and Approvals Act 1993 ;

telecommunications infrastructure means –

(a) any underground conduit or cable; and

(b) any inspection pits or similar facilities installed in conjunction with the conduit or cable; and

(c) any equipment installed in conjunction with the conduit or cable; and

(d) any cable or conduit location marking post or sign installed in conjunction with the conduit or cable.

3.   Application of Land Use Planning and Approvals Act 1993

[Regulation 3 Substituted by S.R. 1994, No. 194, Applied:14 Dec 1994]

(1)  The Land Use Planning and Approvals Act 1993 does not apply to any part of the State –

(a) declared by proclamation under the Roads and Jetties Act 1935 to be a State highway or a subsidiary road; or

(b) declared by proclamation under the Roads and Jetties Act 1935 to be the intended new line of a State highway or subsidiary road; or

(c) declared by proclamation under the Roads and Jetties Act 1935 to be the intended line of a new State highway or subsidiary road; or

(d) purchased or taken for a State highway or subsidiary road.

(2)  Subregulation (1) applies until the earlier of the following:–

(a) the expiration of 2 years after these regulations take effect;

(b) the coming into operation of a State Policy in respect of the development of State highways and subsidiary roads.

4.   Excluded development

[Regulation 4 Inserted by S.R. 2001, No. 174, Applied:19 Dec 2001] For the purpose of the definition of "development" in the Act, the installation of any telecommunications infrastructure is not included within that definition if the installation is in conjunction with the construction of a pipeline as defined in the Gas Pipelines Act 2000 that is constructed in accordance with a permit.

5.   Excluded development: supply pipelines

[Regulation 5 Inserted by S.R. 2001, No. 203, Applied:26 Dec 2001] For the purpose of the definition of "development" in the Act, the construction of a supply pipeline as defined in the Gas Pipelines Act 2000 is not included within that definition if –

(a) that construction is in conjunction with the construction of a transmission pipeline as defined in the Gas Pipelines Act 2000 that is constructed in accordance with a permit; and

(b) no part of that construction is more than 10 metres from that transmission pipeline.

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

Notified in the Gazette on 11 November 1994

These regulations are administered in the Department of Environment and Land Management.