Place Names Act 2020

Place Names Act 2020

This Act may be cited as the Place Names Act 2020.

This Act commences on a day to be proclaimed.

In this Act –

approved name, in relation to a place, means a name that – is recorded in the register as the approved name for the place; and has not been revoked under this Act;

chairperson means the chairperson of the Panel in accordance with section 6(3);

guidelines means the guidelines published under section 5(3);

Panel means the Place Names Advisory Panel established by section 6(1);

place– see section 4;

private road means a road over land that is owned by a person who may lawfully exclude other persons from using the road;

proposal means a proposal submitted under section 9 in respect of a name or place;

register means the register of place names kept under section 8;

Registrar means the Registrar of Place Names appointed under section 7;

Surveyor-General means the Surveyor-General appointed under section 3A(1) of the Survey Co-ordination Act 1944.

For the purposes of this Act, a place includes, but is not limited to – a geographical or topographical feature, whether – natural or artificial; or on land, underground or under water; and a suburb, locality, habitation or other feature of community or cultural significance; and a highway, road, street, lane or thoroughfare that – is open to, or lawfully used by, the public; or is a private road that contains residences that have, or are capable of having, separate addresses; and a park, recreation area, sporting ground, walking or bicycle track that is open to or used by the public; and any other area or feature that is, or is likely to be, of public, cultural or historical interest.

Despite subsection (1), a reference to a place in this Act does not include a reference to – a building or similar structure; or a place that is given, or may be given, a name under any other Act; or an area or feature, or class of areas or features, that is prescribed as not being a place for the purposes of this Act.

For the purposes of this Act, the Minister is to endorse guidelines in respect of the naming of places.

Guidelines endorsed under subsection (1) may do one or more of the following:set out the principles, practices and processes to be followed in selecting, assigning, altering or discontinuing the approved name for a place; require, and specify the procedures for, consultation in respect of the name for a place; list the persons responsible for proposing names for, or naming, specified places under this Act; specify the responsibilities of persons referred to in paragraph (c) in respect of proposing a name for, or naming, a place; require such other action as is prescribed.

The Registrar is to ensure that guidelines endorsed under subsection (1) – are published in one or more of the following ways before the guidelines take effect:the guidelines are made available for viewing by members of the public on a website that is accessible for free by the public; the guidelines are made available for viewing by members of the public by any other means approved by the Minister; and remain so published while the guidelines remain in effect.

Guidelines endorsed, and in effect, under this section must be reviewed at least once in each 5-year period.

The Place Names Advisory Panel is established.

The Panel established under subsection (1) is to consist of – the Surveyor-General; and a State Service employee, responsible for the spatial data and mapping of the State, appointed to the Panel by the Surveyor-General; and one person nominated by the Director of National Parks and Wildlife appointed under section 6 of the National Parks and Reserves Management Act 2002; and one person nominated by the Local Government Association of Tasmania, continued as a body corporate by section 326 of the Local Government Act 1993; and one person with knowledge and experience in outdoor recreation; and up to 2 persons with knowledge and experience in one or more of the following:heritage or historical matters; orthography; linguistics; and such other members – as may be prescribed; or appointed by the Minister as prescribed.

The member referred to in subsection (2)(a) is the chairperson of the Panel.

The members, other than the members referred to in subsection (2)(a) and (b), are appointed by the Minister.

The Minister may require a person responsible for a nomination under subsection (2)(c) or (d) to provide the Minister with the name of the nominated person within a period of not less than one month, as specified by the Minister.

If a person responsible for a nomination under subsection (2)(c) or (d) fails to provide the Minister with the name of a nominated person within the period specified in accordance with subsection (5), the Minister may nominate the person as required under subsection (2).

The Minister may advertise, in any manner that the Minister thinks reasonable in the circumstances, for interested persons with the knowledge and experience referred to in subsection (2)(e) or (f).

Schedule 1 has effect with respect to membership, and meetings, of the Panel.

The Secretary of the Department may appoint a State Service officer, or State Service employee, of the Department to be the Registrar of Place Names, and that officer or employee is to hold that office in conjunction with State Service employment.

In addition to any function or power specified in this Act, the Registrar has the following functions and powers:any functions and powers specified in the guidelines as being the functions and powers of the Registrar in respect of the guidelines; to maintain, and make available, the guidelines; to maintain the register; to effect minor revisions of the register, when required, to ensure that the register correctly reflects – each approved name for a place; and the locations, boundaries and extent of the place in respect of which a name has been approved; any other prescribed function or power.

For the purposes of subsection (2)(d), a revision of the register is a minor revision if the Registrar is satisfied, on reasonable grounds, that the revision – does not affect – community use of the approved name to which the revision relates; and community expectation as to the place in respect of which the revision relates; or corrects a typographical error or anomaly.

The Registrar is to keep a register of each place that has, or had, an approved name.

An entry in the register in respect of a place is to consist of the following information:each approved name for the place; information, as determined by the Registrar, to clearly identify the location, boundaries or extent of the place; each approved name for the place that has been revoked and the reason for the revocation.

The register may also include, for information purposes only – the names of areas and features that are not required under this Act to have an approved name; and if named under another Act, the Act under which such area or feature is named.

The register – may be in such form as the Surveyor-General determines; and is to be made available to members of the public in such manner as the Surveyor-General determines; and must remain available to members of the public while the register is in effect.

This section applies to a place other than a place referred to in section 4(1)(c).

In accordance with the guidelines, a person may propose one or more of the following in respect of a place to which this section applies:a name to be approved, under this Act, for the place; an alteration to, or the revocation of, an approved name for the place; the alteration, clarification, extension or reduction of the location, boundaries or extent of the place.

A proposal under subsection (2) is to be – in a form approved by the chairperson; and submitted to the Registrar in accordance with the guidelines.

The Registrar may refuse to accept a proposal submitted under subsection (3) if the Registrar believes, on reasonable grounds, that the consultation requirements within the guidelines have not been complied with in respect of the proposal.

If a proposal relates to a minor revision of the register, within the meaning of section 7(3), the Registrar is to revise the register, in accordance with that section, to reflect the proposal.

If a proposal does not relate to a minor revision of the register, within the meaning of section 7(3), the Registrar must – cause the proposal to be advertised, in accordance with the guidelines, calling for submissions in respect of the proposal; and at the end of the period specified in the advertisement for submissions in respect of the proposal, forward to the Panel – the proposal; and any submissions received by the Registrar in respect of the proposal.

As soon as practicable after receiving a proposal under subsection (2)(b), the Panel is to provide the Minister with recommendations in respect of the proposal.

After considering the recommendations of the Panel in respect of a proposal, the Minister may – in accordance with the recommendation – approve the name, or names, for the place; or refuse to approve the name, or names, for the place; or alter an approved name for the place; or revoke an approved name for the place; or alter, clarify, extend or reduce the location, boundaries or extent of the place; or refuse to take an action referred to in paragraph (a) in respect of the recommendation and request that the Panel make a new recommendation.

If the Minister makes a request under subsection (4)(b) for a new recommendation in respect of a proposal, the Panel – may, but is not required to, seek further information from the person who made the proposal; and is to provide the Minister with a new recommendation in respect of the proposal.

On receipt of a new recommendation in accordance with subsection (5)(b), the Minister is to comply with subsection (4) in respect of the recommendation.

In this section – naming action means an action taken by a responsible authority in accordance with subsection (2) in respect of a place referred to in section 4(1)(c); responsible authority, for a place referred to in section 4(1)(c), means – if the place is located on reserved land, or in a reserved region, within the meaning of the Nature Conservation Act 2002, the Department responsible for the administration of that Act; or if the place is located on permanent timber production zone land, within the meaning of the Forest Management Act 2013, the Forestry corporation continued in existence under that Act; or if the place is on land owned by the Corporation, within the meaning of the Hydro-Electric Corporation Act 1995, the Corporation; or in any other case, a council of a municipal area where the place is located, unless another authority is prescribed for the place.

In accordance with the guidelines, the responsible authority for a place referred to in section 4(1)(c) may do one or more of the following in respect of the place:name the place; alter, or revoke, an approved name for the place; alter, clarify, extend or reduce the location, boundary or extent of the place.

The responsible authority for a place referred to in section 4(1)(c) must ensure that any naming action, performed in respect of the place, complies with – the relevant provisions of the guidelines; and this Act and any other applicable Act; and the relevant procedures of the responsible authority.

As soon as practicable after performing a naming action in respect of a place, the responsible authority for the place is to submit details of the action to the Registrar for recording in the register.

The Registrar must record in the register the details of each naming action performed by a responsible authority, as submitted to the Registrar under subsection (4), unless subsection (6) applies in respect of the naming action.

The Registrar may only refuse to record a naming action performed by a responsible authority, as submitted to the Registrar under subsection (4), if – the naming action results in – a name for a place that does not comply with the guidelines; or a name for a place that is an approved name for another place; or prescribed circumstances exist in relation to the name.

If the Registrar refuses under subsection (6) to record a naming action in respect of a place, the Registrar is to – notify the responsible authority for the place, in writing, of the refusal; and in the notification under paragraph (a) – state that the responsible authority is to submit, under subsection (4), another naming action in respect of the place; and specify the period in which such a submission is to be made; and refer the naming action to the Panel if – the responsible authority does not submit another naming action for the place in accordance with paragraph (b); or the Registrar refuses under subsection (6) to record the subsequent naming action submitted in accordance with paragraph (b).

The referral of a naming action, in respect of a place, to the Panel under subsection (7)(c) is taken for the purposes of this Part to be a proposal, in respect of the place, forwarded to the Panel under section 10(2)(b).