Ralphs Bay Conservation Area (Clarification) Act 2006


Tasmanian Crest
Ralphs Bay Conservation Area (Clarification) Act 2006

An Act to clarify the area of the Ralphs Bay Conservation Area

[Royal Assent 10 October 2006]

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:

1.   Short title

This Act may be cited as the Ralphs Bay Conservation Area (Clarification) Act 2006 .

2.   Commencement

(1)  Sections 1 , 4 , 5 and 6 and this section commence on the day on which this Act receives the Royal Assent.
(2)  The remaining provisions of this Act commence on the day after –
(a) [Section 2 Subsection (2) amended by No. 28 of 2009, s. 49, Applied:01 Sep 2009] the Tasmanian Planning Commission submits a report to the Minister under section 26(1) of the State Policies and Projects Act 1993 recommending that the project of State significance referred to in the State Policies and Projects (Project of State Significance) Order 2006 not proceed; or
(b) the Governor makes an order under section 26(6) of the State Policies and Projects Act 1993 that the project of State significance referred to in the State Policies and Projects (Project of State Significance) Order 2006 may proceed on the conditions specified in the first-mentioned order.

3.   Ralphs Bay Conservation Area

(1)  Notwithstanding any previous declaration in relation to the Ralphs Bay Conservation Area, the area of Crown land specified in Schedule 1 is declared to be the reserved land that constitutes the Ralphs Bay Conservation Area established by section 17 of, and item 31 of Schedule 9 to, the Regional Forest Agreement (Land Classification) Act 1998 .
(2)  Subsection (1) has effect notwithstanding any other Act.
(3)  For the purposes of subsection (1)  –
Crown land has the same meaning as in section 17 of the Regional Forest Agreement (Land Classification) Act 1998 ;
reserved land has the same meaning as in section 3 of the Regional Forest Agreement (Land Classification) Act 1998 .

4.   Power of Tasmanian Planning Commission to determine status of land

[Section 4 Amended by No. 28 of 2009, s. 50, Applied:01 Sep 2009] In undertaking an integrated assessment of the project of State significance referred to in the State Policies and Projects (Project of State Significance) Order 2006 , the Tasmanian Planning Commission may determine that part of the land specified in Schedule 1 is necessary or convenient for the project to proceed.

5.   Power of Minister to give written directions to Tasmanian Planning Commission

(1)  [Section 5 Subsection (1) amended by No. 28 of 2009, s. 51, Applied:01 Sep 2009] Notwithstanding section 20(2) of the State Policies and Projects Act 1993 , the Minister administering Part 3 of that Act may give a further written direction to the Tasmanian Planning Commission to undertake an integrated assessment of the project of State significance referred to in the State Policies and Projects (Project of State Significance) Order 2006 .
(2)  [Section 5 Subsection (2) amended by No. 28 of 2009, s. 51, Applied:01 Sep 2009] If the Minister gives a further written direction to the Tasmanian Planning Commission under subsection (1) , the direction given by the Minister to the Resource Planning and Development Commission on 7 August 2006 is revoked.

6.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –
(a) the administration of this Act is assigned to the Minister for Primary Industries and Water; and
(b) the department responsible to that Minister in relation to the administration of this Act is the Department of Primary Industries and Water.
SCHEDULE 1 - Ralphs Bay Conservation Area

Sections 3(1) and 4

1.   All that land comprising about 171 hectares as shown as Lot 1 and bounded by a heavy black line on Plan 7395 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Schedule 2 except for that part of that land that may be determined by the Resource Planning and Development Commission as being necessary or convenient for the project of State significance referred to in the State Policies and Projects (Project of State Significance) Order 2006 to proceed.
SCHEDULE 2 - Plan

Schedule 1

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