Greater Hobart Regulations 2019
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 Greater Hobart Act 2019 .
17 December 2019C. WARNER
Governor
By Her Excellency's Command,
MICHAEL DARREL JOSEPH FERGUSON
Minister for State Growth
PART 1 - Preliminary
These regulations may be cited as the Greater Hobart Regulations 2019 .
These regulations take effect on the day on which the Greater Hobart Act 2019 commences.
In these regulations –Act means the Greater Hobart Act 2019 .
PART 2 - Procedures for Meetings of Greater Hobart Committee
In this Part –delegate means a person appointed under regulation 11 as a delegate;majority of the members, in relation to the Committee, means no fewer than 6 members, including at least 3 members each of whom is a mayor of a Greater Hobart area council or a delegate of such a mayor;member, in relation to the Committee, means a member of the Committee referred to in section 6(2) of the Act.
(1) The chairperson of the Committee may convene a meeting of the Committee at any time.(2) The chairperson of the Committee must convene a meeting of the Committee at the request of a majority of the members.(3) The chairperson of the Committee must ensure that a meeting of the Committee is held at least once in every 12-month period.
The chairperson of the Committee is to provide the members with a notice in writing of the place and time at which, and the day on which, a meeting of the Committee is to be held –(a) at least 4 days before the day on which a meeting of the Committee is to be held; or(b) any number of days before the day on which a meeting of the Committee is to be held that a majority of the members direct.
The chairperson of the Committee is to –(a) prepare an agenda for each meeting of the Committee; and(b) provide the members with the agenda, and any associated documents, for a meeting of the Committee –(i) on the same day as the day on which the notice of that meeting is provided to the members in accordance with regulation 6(a) ; or(ii) on the same day as the day on which the notice of that meeting is provided to the members in accordance with regulation 6(b) .
(1) Business is not to be transacted at a meeting of the Committee unless a quorum of members is present.(2) The quorum at any meeting of the Committee is 6 members, including at least 3 members each of whom is a mayor of a Greater Hobart area council or a delegate of such a mayor.
9. Chairperson of the Committee to preside
(1) The chairperson of the Committee is to preside at all meetings of the Committee at which he or she is present.(2) If the chairperson of the Committee is not present at a meeting of the Committee, a member elected by a majority of the members present at the meeting is to preside at that meeting.
(1) At a meeting of the Committee, each member has one vote.(2) A question arising at a meeting of the Committee is to be decided by the votes of the majority of the members.
(1) If a member is unable to attend a meeting of the Committee, the member may appoint a person as a delegate to attend the meeting on his or her behalf.(2) A person appointed as a delegate under subregulation (1) is taken to be a member of the Committee with all the powers, rights and duties of a member.
(1) The Committee may permit a member to participate in any meeting of the Committee by telephone, by video conference or by any other means which –(a) enables immediate communication; and(b) is approved by the chairperson of the Committee.(2) A member who participates in a meeting of the Committee in accordance with a permission given under subregulation (1) is, for the purposes of this Part, taken to be present at the meeting of the Committee.(3) The Committee may allow a person to attend a meeting of the Committee for the purposes of advising it, or informing it, on any matter.(4) The Committee may invite a person to attend a meeting of the Committee if the Committee considers it appropriate to do so.
(1) The Committee must ensure that the minutes of a meeting accurately record at least the following matters:(a) any action to be taken as a result of the meeting;(b) any decision made at the meeting;(c) any disclosures under regulation 14(1) or decisions under regulation 14(2) ;(d) the attendance of members at the meeting.(2) The Committee is to ensure that –(a) copies of the minutes of a meeting of the Committee are kept as records of the Committee; and(b) those copies are available to members.
(1) A member who has a direct or indirect conflict of interest in a matter being considered by the Committee at a meeting of the Committee must, as soon as is practicable, disclose in writing the nature of that interest to each member.(2) If a majority of the members decides that a member has a direct or indirect conflict of interest in a matter being considered by the Committee at a meeting of the Committee, the chairperson of the Committee must, as soon as is practicable, inform the member in writing of that decision.(3) A member in respect of whom a disclosure under subregulation (1) , or a decision under subregulation (2) , is made must not, unless the Committee determines otherwise –(a) be present during any deliberations of the Committee in respect of the matter to which the disclosure or decision relates; or(b) take part in any decision of the Committee in respect of the matter to which the disclosure or decision relates.
PART 3 - Procedures for Meetings of Greater Hobart Advisory Group
In this Part –chairperson of the Advisory Group means the person who is the chairperson of the Advisory Group pursuant to section 7(3) of the Act;delegate means a person appointed under regulation 22 as a delegate;majority of the members, in relation to the Advisory Group, means no fewer than 6 members, including at least 3 members each of whom is a general manager of a Greater Hobart area council or a delegate of such a general manager;member, in relation to the Advisory Group, means a member of the Advisory Group referred to in section 7(2) of the Act.
(1) The chairperson of the Advisory Group may convene a meeting of the Advisory Group at any time.(2) The chairperson of the Advisory Group must convene a meeting of the Advisory Group at the request of a majority of the members.(3) The chairperson of the Advisory Group must ensure that a meeting of the Advisory Group is held at least once in every 12-month period.
The chairperson of the Advisory Group is to provide the members with a notice in writing of the place and time at which, and the day on which, a meeting of the Advisory Group is to be held –(a) at least 4 days before the day on which a meeting of the Advisory Group is to be held; or(b) any number of days before the day on which a meeting of the Advisory Group is to be held that a majority of the members direct.
The chairperson of the Advisory Group is to –(a) prepare an agenda for each meeting of the Advisory Group; and(b) provide the members with the agenda, and any associated documents, for a meeting of the Advisory Group –(i) on the same day as the day on which the notice of that meeting is provided to the members in accordance with regulation 17(a) ; or(ii) on the same day as the day on which the notice of that meeting is provided to the members in accordance with regulation 17(b) .
(1) Business is not to be transacted at a meeting of the Advisory Group unless a quorum is present.(2) The quorum at any meeting of the Advisory Group is 6 members, including at least 3 members each of whom is a general manager of a Greater Hobart area council or a delegate of such a general manager.
20. Chairperson of the Advisory Group to preside
(1) The chairperson of the Advisory Group is to preside at all meetings of the Advisory Group at which he or she is present.(2) If the chairperson of the Advisory Group is not present at a meeting of the Advisory Group, a member elected by a majority of the members present at the meeting is to preside at that meeting.
(1) At a meeting of the Advisory Group, each member has one vote.(2) A question arising at a meeting of the Advisory Group is to be decided by the votes of the majority of the members.
(1) If a member is unable to attend a meeting of the Advisory Group, the member may appoint a person as a delegate to attend the meeting on his or her behalf.(2) A person appointed as a delegate under subregulation (1) is taken to be a member of the Advisory Group with all the powers, rights and duties of a member.
(1) The Advisory Group may permit a member to participate in any meeting of the Advisory Group by telephone, by video conference or by any other means which –(a) enables immediate communication; and(b) is approved by the chairperson of the Advisory Group.(2) A member who participates in a meeting of the Advisory Group in accordance with a permission given under subregulation (1) is, for the purposes of this Part, taken to be present at the meeting of the Advisory Group.(3) The Advisory Group may allow a person to attend a meeting of the Advisory Group for the purposes of advising it, or informing it, on any matter.(4) The Advisory Group may invite a person to attend a meeting of the Advisory Group if the Advisory Group considers it appropriate to do so.
(1) The Advisory Group must ensure that the minutes of a meeting accurately record at least the following matters:(a) any action to be taken as a result of the meeting;(b) any decision made at the meeting;(c) any disclosures made under regulation 25 ;(d) the attendance of members at the meeting.(2) The Advisory Group is to ensure that –(a) copies of the minutes of a meeting of the Advisory Group are kept as records of the Advisory Group; and(b) those copies are available to members.
(1) A member who has a direct or indirect conflict of interest in a matter being considered by the Advisory Group at a meeting of the Advisory Group must, as soon as is practicable, disclose in writing the nature of that interest to each member.(2) At a meeting of the Advisory Group, the Advisory Group is to deal with a disclosure made under subregulation (1) in any manner that the Advisory Group considers appropriate.
PART 4 - Work Program
For the purposes of section 8(4) of the Act, the following prescribed matters must be contained in a work program:(a) the age profile and dispersal of the population in the Greater Hobart area;(b) the trends in the type of housing used by the population in the Greater Hobart area;(c) the objectives of the resource management and planning system, as set out in Part 1 of Schedule 1 to the Land Use Planning and Approvals Act 1993 , that are being furthered in the planning schemes, within the meaning of that Act, that apply to the Greater Hobart area;(d) the emerging economic, social and cultural opportunities in the Greater Hobart area and the constraints that exist in relation to those opportunities;(e) the current policies and strategies of the Greater Hobart area councils and the State Government that are relevant to the work program in the Greater Hobart area;(f) the principles to be used by the Greater Hobart area councils for the implementation of the Greater Hobart Objectives in specific locations in the Greater Hobart area.
27. Availability of work program
The Committee is to ensure that a copy of a work program is available for viewing by a member of the public –(a) at the public office of each Greater Hobart area council; and(b) on a website maintained by, or on behalf of, each greater Hobart area council; and(c) on a website maintained by, or on behalf of, the State government.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 25 December 2019
These regulations are administered in the Department of State Growth.