State Policies and Projects Act 1993

State Policies and Projects Act 1993

This Act may be cited as the State Policies and Projects Act 1993.

This Act commences on a day to be proclaimed.

In this Act, unless the contrary intention appears – agency means – a department or other agency of government of the State or of the Commonwealth; or an authority of the State or of the Commonwealth established for a public purpose; or a planning authority; or the Municipal Association of Tasmania; or any other person undertaking a function for the public benefit;Commission means the Tasmanian Planning Commission established under the Tasmanian Planning Commission Act 1997; State of the Environment Report means a report prepared under section 29;State Policy means a Tasmanian Sustainable Development Policy.

Words and 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.

A State Policy – must seek to further the objectives set out in Schedule 1; and may be made only where there is, in the opinion of the Minister, a matter of State significance to be dealt with in the State Policy; and must seek to ensure that a consistent and co-ordinated approach is maintained throughout the State with respect to the matters contained in the State Policy; and must incorporate the minimum amount of regulation necessary to obtain its objectives.

A State Policy may contain matters relating to one or more of the following:

sustainable development of natural and physical resources;

land use planning;

land management;

environmental management;

environment protection;

any other matter that may be prescribed.

Where a draft State Policy has been prepared and the Minister is satisfied that the draft State Policy deals with a subject requiring a State Policy, the Minister may give a written direction to the Commission to prepare a report on the draft State Policy and the Commission must prepare a report in accordance with the direction.

Where the Commission is directed to prepare a report on a draft State Policy, it must – cause a copy of the draft State Policy to be placed on public exhibition at its office for a period of 8 weeks; and advertise, as prescribed, the exhibition of the draft State Policy.

Where a draft State Policy is placed on public exhibition, representations in relation to the draft State Policy may be submitted to the Commission by any person before the expiration of the exhibition period referred to in section 6(2)(a).

As soon as practicable after receipt by it of representations in relation to a draft State Policy, the Commission must consider the representations.

For the purposes of considering representations under subsection (1), the Commission may hold a hearing in relation to each representation.

The Commission may consolidate any of the representations and hold a hearing in relation to the consolidated representations.

The Commission may, after its consideration under section 9 of the representations in relation to a draft State Policy, modify the draft State Policy.

Where the Commission modifies a draft State Policy and it considers that the provisions of this Part should apply to the modification of the draft State Policy, the provisions of this Part apply to the modification as if it were a draft State Policy.

After consideration by the Commission of a draft State Policy (including any modifications made under section 10), the Commission must submit a report on the draft State Policy to the Minister.

The Commission must publish notice of its report to the Minister under subsection (1) in the Gazette and must make the report publicly available.

The Minister may, on receipt of a report on a draft State Policy from the Commission, recommend to the Governor the making of a Tasmanian Sustainable Development Policy.

The Governor may make a Tasmanian Sustainable Development Policy in accordance with a recommendation made under subsection (3), and fix a day on which it will come into operation.

Before it comes into operation, a State Policy must be notified in the Gazette.

The Minister must cause a State Policy to be laid before each House of Parliament within the first 10 sitting days of the House after it is so notified.

A State Policy is of no effect until it has been approved by both Houses of Parliament.

For the purposes of subsection (7), a House of Parliament is to be taken to have approved a State Policy 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 10 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 the motion has been negatived; or if any notice of a motion to disallow it is given during that period of 10 sitting days, the notice is, after the expiration of that period, withdrawn or the motion is negatived.