Land Use Planning and Approvals Amendment Act 2005 (TAS)

Land Use Planning and Approvals Amendment Act 2005

An Act to amend the Land Use Planning and Approvals Act 1993

[Royal Assent 15 December 2005]

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:

1Short titleThis Act may be cited as the Land Use Planning and Approvals Amendment Act 2005 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Land Use Planning and Approvals Act 1993 is referred to as the Principal Act. 4Section 20 amended (What can a planning scheme provide for?) Section 20 of the Principal Act is amended as follows: (a) by inserting the following subsection after subsection (3) : (3A)  Subject to subsections (4) and (6) , nothing in a planning scheme is to prevent the reconstruction of a building, or restoration of works, destroyed or damaged, which was or were integral and subservient to a lawfully established existing use that does not conform to the scheme if – (a) the destruction or damage was not caused intentionally by the owner of that building or those works; and (b) the building or works was or were lawfully established before the coming into operation of the scheme. (b) by omitting from subsection (4) " Subsection (3) does" and substituting " Subsections (3) and (3A) do"; (c) by omitting from subsection (6) " Subsection (3) does" and substituting " Subsections (3) and (3A) do".

[Second reading presentation speech made in:

House of Assembly on 24 NOVEMBER 2005

Legislative Council on 30 NOVEMBER 2005]