Rezoning of certain land
7 Rezoning of certain land
In this section – applicable planning scheme means the planning scheme, within the meaning of the Land Use Planning and Approvals Act 1993, that applies to the registered area;Commission has the same meaning as in the Land Use Planning and Approvals Act 1993;Planning Minister means the Minister to whom the administration of the Land Use Planning and Approvals Act 1993 is assigned; proposed areas means the three areas of land that are – within Volume 176312, Folio 1, in the Register kept under section 33 of the Land Titles Act 1980; and shown bounded by thick black lines in the image which is set out in Schedule 2; registered area means the area of land identified in the plan registered in the Central Plan Register in accordance with subsection (2).
On the day on which this Act receives the Royal Assent, the Planning Minister is to cause a plan to be prepared and registered in the Central Plan Register.
A plan prepared under subsection (2) – may only relate to land that – is within the proposed areas; and is owned by the University on the day on which this Act receives the Royal Assent; and was owned by the University on the commencement day; and may not include vested land.
As soon as practicable after the day on which the plan is registered in the Central Plan Register in accordance with subsection (2), the Planning Minister, by notice in writing to the Commission, is to direct the Commission to amend the applicable planning scheme, including any maps or plans relating to the applicable planning scheme, to reflect the change in zoning of the registered area.
On the day on which the Planning Minister gives the Commission a direction under subsection (4), the registered area – is declared to be zoned Inner Residential, within the meaning of the applicable planning scheme; and ceases to be within the Particular Purpose Zone 3 – University of Tasmania (Sandy Bay Campus), within the meaning of the applicable planning scheme.
Within 14 days after the Commission is given a direction under subsection (4) in relation to the registered area, or such longer period as is specified in the direction, the Commission must amend the applicable planning scheme, including any maps or plans relating to the applicable planning scheme, to reflect the change in zoning of the registered area.
The Commission is to notify the Planning Minister of the amendment of the applicable planning scheme, in accordance with this section, as soon as practicable after the amendment has been made.
Despite any provisions of the Land Use Planning and Approvals Act 1993 and the applicable planning scheme – the amendment of the applicable planning scheme under this section is not invalid by reason only that – the amendment has not occurred in the manner or following the procedure that, but for this section, would have been required to be followed under the applicable planning scheme or the Land Use Planning and Approvals Act 1993; or but for this section, the amendment of the applicable planning scheme would be in contravention of that Act; and a use or development of the registered area that is in accordance with the applicable planning scheme, as amended, is not to be taken to be in contravention of section 63 of the Land Use Planning and Approvals Act 1993.
Nothing in this section prevents the future amendment of the applicable planning scheme in relation to the registered area.
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