Parliament Square Planning Permit Act 2012
An Act to give effect to a planning permit for the development of Parliament Square, Hobart, and for related purposes
[Royal Assent 6 December 2012]
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:
This Act may be cited as the Parliament Square Planning Permit Act 2012 .
This Act commences on the day on which this Act receives the Royal Assent.
In this Act, unless the contrary intention appears –affected land means the land comprised in folios of the Register volume 156768 folios 1 and 2 registered under the Land Titles Act 1980 ;Authority means the Sullivans Cove Waterfront Authority established under the repealed Act;[Section 3 Amended by No. 35 of 2015, s. 4, Applied:13 Oct 2015][Section 3 Amended by No. 35 of 2015, s. 4, Applied:13 Oct 2015] development or use means a development, or use, within the meaning of the Land Use Planning and Approvals Act 1993 ;[Section 3 Amended by No. 35 of 2015, s. 4, Applied:13 Oct 2015] further permit means a permit (other than the planning permit), as amended, if at all, under section 56 of the Land Use Planning and Approvals Act 1993 , that is issued under that Act in respect of a substantially related development or use and is in effect;Heritage Register means the Tasmanian Heritage Register kept under Part 4 of the Historic Cultural Heritage Act 1995 ;place has the meaning given in section 3 of the Historic Cultural Heritage Act 1995 ;[Section 3 Amended by No. 35 of 2015, s. 4, Applied:13 Oct 2015] planning permit means planning permit number PLN-10-00495-01, issued under the Land Use Planning and Approvals Act 1993 by the Authority, as amended, if at all, under section 56 of that Act;[Section 3 Amended by No. 35 of 2015, s. 4, Applied:13 Oct 2015] planning permit development means the project, the subject of the planning permit, known as "Parliament Square", and includes any development or use referred to in the planning permit;relevant date means the date on which the Bill for this Act was first tabled in Parliament;repealed Act means the Sullivans Cove Waterfront Authority Act 2004 ;[Section 3 Amended by No. 35 of 2015, s. 4, Applied:13 Oct 2015] specified person means a person, other than the applicant for the planning permit, who is a party at the relevant date to an appeal in respect of the planning permit that has not been finally determined as at the relevant date;[Section 3 Amended by No. 35 of 2015, s. 4, Applied:13 Oct 2015] substantially related development or use means –(a) any development or use on the affected land, other than the planning permit development; and(b) any development or use, on land adjoining the affected land, that is substantially related to the planning permit development.
This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
If any provisions of this Act are inconsistent with any provisions of any other Act, planning scheme, special planning order, interim order or any other instrument, the provisions of this Act prevail to the extent of the inconsistency.
6. Planning permit to take effect, &c.
On the commencement of this Act –(a) the planning permit comes into effect as a permit that has taken effect for the purposes of the Land Use Planning and Approvals Act 1993 ; and(b) all rights of appeal in relation to the planning permit are extinguished; and(c) [Section 6 Amended by No. 35 of 2015, s. 5, Applied:13 Oct 2015] notwithstanding any other Act, planning scheme, special planning order, interim order or any other instrument, the planning permit development may proceed in accordance with, and subject to, the planning permit.
[Section 6A Inserted by No. 35 of 2015, s. 6, Applied:13 Oct 2015](1) Nothing in this Act, or in any provision of the planning permit or of any further permit, is to be taken to prevent any of the following activities:(a) the making of an application under the Land Use Planning and Approvals Act 1993 for a permit in respect of a substantially related development or use;(b) the issue under the Land Use Planning and Approvals Act 1993 of a permit in respect of a substantially related development or use;(c) the carrying out of any substantially related development or use in accordance with, and subject to, any further permit.(2) Subsection (1) applies to an activity whether the activity occurs before or after the commencement of the Parliament Square Planning Permit Amendment Act 2015.(3) Subsection (1) applies to an activity whether or not the planning permit development, or any part of the planning permit development, is to be, is being, or has been, carried out.(4) For the purposes of this Act and any other Act –any part of the planning permit development to the extent that the part is not capable of being carried out in accordance with, and subject to, the planning permit because any substantially related development or use has been, or is being, carried out in accordance with, and subject to, a further permit.(a) the planning permit is taken not to include any reference to; and(b) the planning permit development is taken not to include –
7. Approvals for purposes of planning permit or further permits
(1) [Section 7 Subsection (1) amended by No. 35 of 2015, s. 7, Applied:13 Oct 2015] Notwithstanding any other Act, the Minister is authorised to give any approval, consent or permission that is required by the planning permit or a further permit.(2) [Section 7 Subsection (2) amended by No. 35 of 2015, s. 7, Applied:13 Oct 2015] Without limiting subsection (1) , any reference in the planning permit or a further permit to the Chief Executive Officer of the Authority is taken to be a reference to the Minister.(3) [Section 7 Subsection (3) amended by No. 35 of 2015, s. 7, Applied:13 Oct 2015] Subject to subsection (2) , for the purposes of any Act, an approval, consent or permission given by the Minister under subsection (1) takes effect as if the approval, consent or permission had been given by the person or body that was required to give that approval, consent or permission for the purposes of the planning permit or a further permit.(4) [Section 7 Subsection (4) amended by No. 35 of 2015, s. 7, Applied:13 Oct 2015] A person or body that was required to give any approval, consent or permission pursuant to the planning permit or a further permit does not incur any liability because of anything done or omitted to be done by the Minister under subsection (1) .
8. Amendment of planning permit or further permit
[Section 8 Amended by No. 35 of 2015, s. 8, Applied:13 Oct 2015] For the purposes of section 56 of the Land Use Planning and Approvals Act 1993 , in relation to the planning permit and any further permit, the Minister –(a) is taken to be the planning authority; and(b) may exercise the powers of a planning authority under that section.
8A. Minister may exclude part of affected or adjoining land from operation of Act
[Section 8A Inserted by No. 35 of 2015, s. 9, Applied:13 Oct 2015](1) The Minister, by order, may exclude from the operation of sections 7 and 8 any part of the affected land or of the land adjoining the affected land.(2) The making of an order under subsection (1) in relation to a part of the affected land, or of the land adjoining the affected land, does not affect the validity of –in relation to the planning permit, or a further permit, in relation to the part of the affected land, or of the land adjoining the affected land, to which the order relates.(a) any approval, consent or permission that is required by the planning permit or a further permit and has been given by the Minister under section 7 before the order comes into force; or(b) the exercise, before the order comes into force, by the Minister of the powers of a planning authority under section 56 of the Land Use Planning and Approvals Act 1993 –
9. Limitation of rights of appeal
(1) Subject to subsections (2) and (3) and notwithstanding the provisions of any other Act –in respect of anything done pursuant to section 7(1) or 8 .(a) a person is not entitled to appeal to a body or other person, court or tribunal; or(b) no order or review may be made under the Judicial Review Act 2000 ; or(c) no declaratory judgment may be given; or(d) no other action or proceeding may be brought –(2) Subsection (1) does not apply to any thing which has involved or has been affected by criminal conduct.(3) Subsection (1) does not apply to a purchaser or an owner of any affected land.
The Minister may delegate any of the Minister's functions or powers under this Act other than this power of delegation.
The Crown in right of Tasmania is to reimburse to a specified person any legal costs and disbursements, including expert witness costs, reasonably incurred by that person before the relevant date in relation to any appeal under the Land Use Planning and Approvals Act 1993 in respect of the planning permit that has not been determined before the relevant date.
(1) [Section 12 Subsection (1) amended by No. 35 of 2015, s. 10, Applied:13 Oct 2015] The Heritage Register is amended by permanently removing from that register any place, or part of a place, which is required to be destroyed or demolished to enable the planning permit development to be carried out in accordance with the planning permit.(2) A place, or part of a place, that is removed from the Heritage Register in accordance with subsection (1) is not capable of being re-entered in that register, whether provisionally or permanently, unless the Minister has given his or her written consent to the making of that entry.(3) The Heritage Council must not make any order under the Historic Cultural Heritage Act 1995 in respect of a place, or part of a place, that is removed from the Heritage Register in accordance with subsection (1) unless the Minister has given his or her written consent to the making of that order.
(1) The Governor may make regulations for the purpose of this Act.(2) Regulations may be made so as to apply differently according to such factors as are specified in the regulations.(3) The regulations may –(a) provide that a contravention of any of the regulations is an offence; and(b) in respect of such an offence, provide for the imposition of a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.(4) The regulations may authorise any matter to be from time to time determined, applied or regulated by the Minister.(5) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.(6) A provision referred to in subsection (5) may take effect on and from the day on which this Act commences or a later day.
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 Planning; and(b) the department responsible to that Minister in relation to the administration of this Act is the Department of Treasury and Finance.