Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009

Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009

An Act to facilitate and expedite the implementation in Tasmania of a national partnership agreement on nation building and jobs between the Commonwealth and the various States and Territories and for related matters

Whereas –

(a) on 5 February 2009 the Commonwealth and the various States and Territories entered into an agreement called the "National Partnership Agreement on the Nation Building and Jobs Plan: Building Prosperity for the Future and Supporting Jobs Now"; and

(b) the main object of the agreement is to provide an economic stimulus to Australia's economy through infrastructure projects that will support economic growth and employment as part of a national response to the current global financial crisis; and

(c) Tasmania is obligated under the agreement to ensure, and remove impediments to, its timely and effective implementation in and for this State:

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:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Nation Building and Jobs Plan Facilitation (Tasmania) Act 2009 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Interpretation

(1)  In this Act, unless the contrary intention appears –

construction works includes, but is not limited to –

(a) site clearance, land stabilisation and like preparatory works; and

(b) excavation and demolition works; and

(c) the erection of scaffolding; and

(d) the erection or modification of any structure; and

(e) the off-site prefabrication of building components; and

(f) painting, landscaping and other cosmetic works; and

(g) the installation of service infrastructure; and

(h) the on-site placement of fixed cranes and gantries; and

(i) foundation works including pile driving and form work;

EPA Director means the Director, Environment Protection Authority appointed under section 18 of the Environmental Management and Pollution Control Act 1994 ;

key particulars, of a project, means –

(a) the type of project (in terms of whether it is a social housing, school infrastructure or other project); and

(b) the relevant use or development; and

(c) its exact site (including the identity of the relevant land); and

(d) a brief description of what it involves (including the scope and nature of the required works); and

(e) the identity and business address of its proponent;

law of the State includes –

(a) a State policy; and

(b) a council by-law; and

(c) a planning scheme;

local newspaper, for a project, means a daily newspaper published in the State and circulating generally in the same region as that in which the project is undertaken;

NPA means the agreement referred to in the preamble to this Act and set out in Schedule 1 , as from time to time amended;

NPA project means a project declared under section 5 to be an NPA project;

Planning Act means the Land Use Planning and Approvals Act 1993 ;

Planning Minister means the Minister administering the Planning Act;

planning permit means a permit within the meaning of the Planning Act;

planning scheme includes a special planning order, planning directive or interim order under the Planning Act;

project means –

(a) a social housing project; or

(b) a school infrastructure project; or

(c) another project, contemplated by the NPA, prescribed by the regulations;

Project Authority means –

(a) for an NPA project that is a social housing project, the Director of Housing under the Homes Act 1935 ; and

(b) for an NPA project that is a school infrastructure project, the Secretary of the responsible Department in relation to the Education Act 1994 ; and

(c) for another kind of NPA project, a person prescribed by the regulations;

proponent means the proponent of a project;

regulations means regulations made and in force under this Act;

relevant council, for a project, means the council of the municipal area in which the project is undertaken;

relevant planning scheme, for an NPA Project, means the planning scheme that would, but for section 6(1)(a) , apply to the site;

relevant use or development means –

(a) for an NPA project that is yet to be certified under section 12 , the prospective use or development associated with the project; or

(b) for an NPA project that has been certified under section 12 , the use or development associated with the project (as fixed and specified in the certification);

school infrastructure includes, but is not limited to –

(a) classrooms, laboratories and language centres; and

(b) assembly halls, administrative facilities, canteens and places of worship; and

(c) facilities for students with disabilities or special needs; and

(d) pools, gymnasiums, sports grounds and related facilities; and

(e) playgrounds, play equipment, shelters and shade structures; and

(f) related fencing, landscaping and cosmetic works; and

(g) related electricity, water and similar service infrastructure; and

(h) reroofing, hazard removal and similar refurbishment and safety works; and

(i) insulation, solar energy, recycling and like sustainable use and energy facilities;

site means the site of a project;

social housing includes, but is not limited to –

(a) housing for people who are homeless or at risk of becoming homeless; and

(b) housing for people with special needs or disabilities; and

(c) housing for Indigenous Australians; and

(d) housing for aged people; and

(e) housing for people on low incomes; and

(f) respite, refuge and like emergency housing; and

(g) short-term family support accommodation for hospital patients; and

(h) group facilities annexed to or improving the amenity of social housing; and

(i) the refurbishment of existing social housing stocks; and

(j) related infrastructure, service and safety works; and

(k) related fencing, landscaping and cosmetic works; and

(l) related electricity, water and similar service infrastructure; and

(m) related amenities including playgrounds and play equipment for children.

(2)  In this Act, a reference to a project includes a reference to any partially completed project.

(3)  Unless the contrary intention appears, an expression used in this Act has the same meaning as it has in the Planning Act.

4.   Act binds Crown

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

PART 2 - Declaration of NPA Project

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PART 3 - Certification of NPA Project

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PART 4 - Miscellaneous

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18.   Limitation of appeals

Despite the provisions of any other law of the State –

(a) a person is not entitled to appeal to a body or other person, court or tribunal; and

(b) no order or review may be made under the Judicial Review Act 2000 ; and

(c) no declaratory judgment may be given; and

(d) no other action or proceeding may be brought –

in respect of any action, decision, process, matter or thing arising out of or relating to the declaration or certification of an NPA project under this Act.

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SCHEDULE 1