Major Infrastructure Development Approvals Act 1999

Major Infrastructure Development Approvals Act 1999

This Act may be cited as the Major Infrastructure Development Approvals Act 1999.

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

In this Act, unless the contrary intention appears – combined planning authority means a combined planning authority established by the Minister under section 16;Commission means the Tasmanian Planning Commission established under the Tasmanian Planning Commission Act 1997; council has the same meaning as in the Local Government Act 1993; council committee has the same meaning as in the Local Government Act 1993;Crown lands contract means a contract made under the Crown Lands Act 1976 or a corresponding previous enactment; general manager means the person appointed under section 18(5) as the general manager of a combined planning authority; major infrastructure project means a project declared by the Governor to be a major infrastructure project by an order under section 7(2); municipal area has the same meaning as in the Local Government Act 1993; notified corridor means a corridor of which notice has been served by the Minister under section 14(3) or section 14A(4); owner has the same meaning as in the Land Use Planning and Approvals Act 1993, and includes the purchaser of land under a Crown lands contract; planning authority includes a combined planning authority; proponent, in relation to a project, means the person proposing to proceed with the project; public office means the place at which the planning authority carries on its administrative activities;Register has the same meaning as in the Land Titles Act 1980;Registry of Deeds has the same meaning as in the Registration of Deeds Act 1935; sale, in relation to land, means the disposal of land by sale, lease, exchange for proper consideration or any other means; specified planning authority means a planning authority which is specified in an order under section 7(2) in accordance with section 10(3)(b)(ii).

Words or expressions used both in this Act and in the Land Use Planning and Approvals Act 1993 have in this Act, unless the contrary intention appears, the same respective meanings as they have in that Act.

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

This Act does not apply to public land, within the meaning of the Public Land (Administration and Forests) Act 1991, that is the subject of a reference to the Commission.

Subject to this Act, the assessment and approval by a planning authority of an application for a permit for a use or development comprised in a major infrastructure project is to be conducted in accordance with the Land Use Planning and Approvals Act 1993, the Environmental Management and Pollution Control Act 1994 and any other Act which relates to land use planning and approval, other than any Act which may be prescribed.

It is the obligation of any person on whom a function is imposed or a power is conferred under this Act to perform the function or exercise the power in such a manner as to further the objectives set out in Schedule 1 to the Land Use Planning and Approvals Act 1993.

The Minister may recommend to the Governor the making of an order declaring a project to be a major infrastructure project.

The Governor may make an order in accordance with a recommendation made under subsection (1).

An order under subsection (2) is to be published in the Gazette.

The Minister must cause an order under subsection (2) to be laid before each House of Parliament within the first 10 sitting days of the House after it is so published.

An order under subsection (2) is of no effect until it has been approved by both Houses of Parliament.

For the purposes of subsection (5), a House of Parliament is taken to have approved an order under subsection (2) if a copy of it has been laid on the table of that House and – it is approved by that House; or at the expiration of 15 sitting days after it was laid on the table of that House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or negatived; or if any notice of a motion to disallow it is given during that period of 15 sitting days, the notice is, after the expiration of that period, withdrawn or negatived.

As soon as practicable after an order under subsection (2) has taken effect, the Minister must – give written notice of the taking effect of the order to – the Commission; and each planning authority on which obligations are imposed by the order, or which is otherwise affected by the making of the order; and each instrumentality or agency of the Crown on which obligations are imposed by the order; and advertise the taking effect of the order in a newspaper circulating in the area within which the major infrastructure project is to be implemented.

The Minister may not make a recommendation under section 7(1) that a project be declared to be a major infrastructure project unless – the project wholly or principally comprises the construction of one or more of the following:a road; a railway; a pipeline; a powerline, within the meaning of the Electricity Supply Industry Act 1995; a telecommunications cable or link; such other linear infrastructure as may be prescribed; and the Minister has received a report from the proponent which provides a comprehensive description of the project and contains such information in relation to the project as may be prescribed; and the Minister has given the council of each municipal area within which the project is proposed at least 28 days' notice of the Minister's intention to make the recommendation and has considered any representations made by any such council following receipt of the notice; and the Minister is satisfied that it is in the public interest for the declaration to be made.

In determining whether it is in the public interest for the proposed order to be made, the Minister must have regard to such matters as may be prescribed.

Notice given to a council under subsection (1)(c) is to include – a copy of the report received by the Minister under section 8(1)(b); and a statement of the Minister's reasons for proposing that the project be declared to be a major infrastructure project; and a draft of the order that the Minister proposes to recommend.

Within 21 days of receiving notice of the Minister's intention to make a recommendation under section 7(1), a council must provide the Minister with a written response which states – whether the council supports the proposed recommendation; and if the council does not support the proposed recommendation, the council's reasons for not doing so.

In responding to the Minister under subsection (1), a council may request that the Commission administer the planning approval process in respect of the proposed major infrastructure project.

An order made by the Governor under section 7(2) is to – identify the proponent; and define the major infrastructure project by specifying the nature and location of each use or development which is comprised in the project.

For the purpose of section 10(1)(b), the location of a use or development may be described by reference to a corridor of a specified width between two places, without indicating the exact location of the corridor or the exact location within that corridor at which the use or development is intended to occur.

An order made by the Governor under section 7(2) may – declare that compliance with section 52(1) of the Land Use Planning and Approvals Act 1993 is not required; and if the major infrastructure project is to be implemented within more than one municipal area, declare that the planning approval process in respect of the major infrastructure project is to be administered by a combined planning authority, specifying – the name by which the combined planning authority is to be known; and the planning authorities which are to be represented on the combined planning authority; and the number of members which are to represent each of the specified planning authorities on the combined planning authority; and if a council has made a request under section 9(2), declare that the planning approval process in respect of the major infrastructure project is to be administered by the Commission; and require an instrumentality or agency of the Crown or planning authority which is specified in the order to provide the proponent or any other person with such guidelines or other information as the order may specify by such date as the order may specify; and require the proponent identified in the order to lodge with the Crown a financial assurance in the form of a bond (supported by a guarantee or other security) or specified pecuniary sum, in an amount specified in the order and by a specified date, to be forfeited on failure to comply with terms or conditions specified in the order; and require the proponent identified in the order to pay to the Crown an amount specified in the order by a specified date, to cover costs and expenses which may be incurred by the Crown or any person in connection with the assessment or approval of the major infrastructure project; and require compliance by the proponent or any other person with terms or conditions set out in the order; and authorise the sale by the Crown to the proponent of any land specified in the order which is acquired by the Crown under the Land Acquisition Act 1993 for the purpose of the major infrastructure project.

If an order under section 7(2) declaring a project to be a major infrastructure project is made – notwithstanding the terms of any relevant planning scheme or special planning order, each use or development comprised in the major infrastructure project is taken to be a use or development which the planning authority which administers that planning scheme or special planning order has a discretion to refuse or permit under section 57 of the Land Use Planning and Approvals Act 1993; and notwithstanding the terms of any relevant planning scheme or special planning order, the planning authority which administers the planning scheme or special planning order may, subject to section 12(1) and the requirements of any State Policy, determine an application for a permit in respect of a use or development comprised in the major infrastructure project in such manner as it thinks fit; and the major infrastructure project is taken to be a public purpose for the purposes of section 4(3) of the Land Acquisition Act 1993; and section 73(3)(a) of the Land Acquisition Act 1993 does not apply to any land acquired under that Act for the purposes of the major infrastructure project; and an application to a planning authority under section 51(1A) of the Land Use Planning and Approvals Act 1993 may relate to all of the uses or developments comprised in the major infrastructure project, or such number of the uses or developments comprised in the major infrastructure project as the applicant may choose; and for the purpose of section 57(6)(b) of the Land Use Planning and Approvals Act 1993, the Minister may by order specify a further period within which a planning authority must grant or refuse to grant a permit specified in the order, with the result that, for the purposes of section 59 of the Land Use Planning and Approvals Act 1993, any such further period is to be taken to be a further period referred to in section 57(6)(b) of that Act.

If an order under section 7(2) declares that compliance with section 52(1) of the Land Use Planning and Approvals Act 1993 is not required – section 52(1) of that Act and any provisions of the relevant planning scheme or special planning order which require the giving of notice to the owner of land in respect of which a permit is sought do not apply; and notice of the making of an application for a permit in connection with the major infrastructure project is, at least 14 days before the making of the application, to be served by the applicant on – the owner of the land in respect of which the permit is required; and in the case of an application under section 14 for a permit for a use or development anywhere within a corridor proposed in the application, the owners of all land within that corridor.

A notice for the purpose of subsection (2)(b)(i) or (ii) is to contain such information as may be prescribed.

A notice for the purpose of subsection (2)(b) that is required to be served on an owner that is a company may be served by post on the owner at the postal address of the owner in the valuation roll prepared under section 24 of the Valuation of Land Act 2001.

If an order under section 7(2) declares that compliance with section 52(1) of the Land Use Planning and Approvals Act 1993 is not required, a planning authority which receives an application for a permit in respect of a use or development comprised in the major infrastructure project must not accept that application unless it is satisfied that the requirements of subsections (2) and (3) have been met.

If an application for a permit in respect of a use or development comprised in a major infrastructure project has been accepted by a planning authority, whether before or after the commencement of the Major Infrastructure Development Approvals Amendment Act (No. 2) 2001, the application is taken to be valid notwithstanding – a failure to serve notice of the making of the application on each owner of land who is required under subsection (2)(b) to be served; or a deficiency in the notice of the making of the application that is served.

No action may be taken against a planning authority in respect of a decision to accept an application for a permit, whether before or after the commencement of the Major Infrastructure Development Approvals Amendment Act (No. 2) 2001, if that decision has been taken in good faith.

If an order under section 7(2) declares that compliance with section 52(1) of the Land Use Planning and Approvals Act 1993 is not required, a request by the proponent for the amendment of a permit in respect of a use or development comprised in the major infrastructure project may be made under section 56(1) of the Land Use Planning and Approvals Act 1993 without the consent of the owner of the land to which the permit relates.

If an order under section 7(2) requires any instrumentality or agency of the Crown or planning authority which is specified in the order to provide the proponent or another person by a specified date with such guidelines or other information as the order may specify, the instrumentality, agency or authority to which the requirement is directed must comply with the requirement.

If an order under section 7(2) requires the proponent identified in the order to pay to the Crown a financial assurance in the form of a bond (supported by a guarantee or other security) or specified pecuniary sum to be forfeited on failure to comply with terms or conditions specified in the order, the bond or sum is forfeited to the Crown on – failure to comply with any of those terms or conditions; or failure to apply to a planning authority for a permit for each use or development comprised in the major infrastructure project within a period of 12 months from the date of the order or such further period, expiring not more than 24 months from the date of the order, as the Minister may allow; or the lapse under section 53(5) of the Land Use Planning and Approvals Act 1993 of any permit which is granted for a use or development comprised in the major infrastructure project.

If an order under section 7(2) requires the proponent identified in the order to pay to the Crown an amount specified in the order by a specified date to cover costs and expenses which may be incurred by the Crown or any person in connection with the assessment or approval of the major infrastructure project, the amount is a debt due to the Crown from the proponent identified in the order and may be recovered by the Crown from the proponent in any court of competent jurisdiction.

If an order under section 7(2) requires the establishment of a combined planning authority, a council must perform its functions, including its functions as a planning authority, with due regard for the consequences which will arise from the implementation of the major infrastructure project.