State Policies and Projects Amendment Act 1998 (TAS)

State Policies and Projects Amendment Act 1998

An Act to amend the State Policies and Projects Act 1993

[Royal Assent 18 December 1998]

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 State Policies and Projects Amendment Act 1998 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the State Policies and Projects Act 1993 is referred to as the Principal Act. 4Section 19 amended (Effect of order declaring a project of State significance) Section 19(1) of the Principal Act is amended by inserting "unless the order has been revoked" after "apply". 5Section 20 amended (Integrated assessment of projects of State significance) Section 20 of the Principal Act is amended by inserting after subsection (2) the following subsections: (2A)  A direction under subsection (1) may be given to the Commission at any time after the making by the Governor of the relevant order under section 18(2) to enable the Commission to prepare for the integrated assessment before the order is approved or disallowed under section 18 . (2B)  Any preparation by the Commission under subsection (2A) may include the preparation and public exhibition of guidelines to be followed in the preparation of reports to be presented to the Commission for the purposes of the integrated assessment. 6Section 26 amended (Recommendation to Minister on project of State significance) Section 26 of the Principal Act is amended as follows: (a) by inserting in subsection (2)(b) "permit," after "and the"; (b) by omitting from subsection (2)(b) "have been" and substituting "be"; (c) by inserting the following subsection after subsection (2) : (2A)  If in the opinion of the Commission it may be necessary following the making of an order under subsection (6) or (8) to specify, pursuant to section 26A , additional conditions upon which the project of State significance is to proceed, the report of the Commission must specify – (a) the Act pursuant to which, and the permit, licence or other approval in which, each condition would normally be imposed; and (b) the reason why the Commission is unable to specify the condition at the time the Commission makes its recommendation under subsection (2) . (d) by inserting in subsection (7)(b) "permit," after "and the"; (e) by omitting from subsection (7)(b) "have been" and substituting "be". 7Sections 26A and 26B insertedAfter section 26 of the Principal Act , the following sections are inserted in Part 3: 26ARecommendation to Minister relating to additional conditions (1)  After the making of an order under section 26(6) or (8) , the Commission may submit a report to the Minister recommending that an order be made specifying additional conditions subject to which the project of State significance should proceed. (2)  Where the Commission submits a report to the Minister under subsection (1) , it must specify – (a) the additional conditions; and (b) the Act pursuant to which, and the permit, licence or other approval in which, each condition would normally be imposed; and (c) the agency responsible for the enforcement of each condition. (3)  The Commission must publish notice of its report under subsection (1) in the Gazette and must make the report publicly available. (4)  The Minister must make a decision with respect to the report within 28 days of receiving it. (5)  The Minister may recommend to the Governor the making of an order in accordance with the report of the Commission. (6)  The Governor may make an order in accordance with a recommendation made under subsection (5) . (7)  If the Governor makes an order under subsection (6) , the Minister must publish notice in the Gazette specifying details of the order. (8)  Subject to subsection (10) , the order takes effect on the date of publication of the notice in the Gazette. (9)  If the order made under subsection (6) relates to an order which was approved by resolution of each House of Parliament under section 26(9) , the Minister must cause the notice referred to in subsection (7) and the order made under subsection (6) to be laid before each House of Parliament within the first 10 sitting days of the House after the notice has been published. (10)  If either House of Parliament passes a resolution within the first 3 sitting days after the notice referred to in subsection (9) is laid before it that the order made under subsection (6) be disallowed, the order is void and, from the date of disallowance, the order ceases to have effect. 26BAmendment of order approving project of State significance (1)  In this section, amending order means an order which amends or revokes an order made under section 26(6) or (8) or section 26A or an order which is made in substitution for an order made under section 26(6) or (8) or section 26A . (2)  The Minister may give a written direction to the Commission requiring it to advise whether or not an amending order should be made. (3)  Where the Commission receives a direction under subsection (2) , it must provide the Minister, within the time specified by the Minister in the direction, with a report advising whether or not an amending order should be made. (4)  The Commission may of its own volition provide the Minister with a report recommending that an amending order should be made. (5)  Where a report of the Commission recommends that an amending order should be made which would include conditions subject to which the project of State significance may proceed, the report must specify – (a) those conditions; and (b) the Act pursuant to which, and the permit, licence or other approval in which, each condition would normally be imposed; and (c) the agency responsible for the enforcement of each condition. (6)  The Commission must publish notice of a report to the Minister under subsection (3) or (4) in the Gazette and must make the report publicly available. (7)  The Minister must make a decision with respect to a report under subsection (3) or (4) within 28 days of receiving it. (8)  The Minister may recommend to the Governor the making of an order in accordance with a report of the Commission under subsection (3) or (4) . (9)  The Governor may make an order in accordance with the recommendation of the Minister. (10)  If the Governor makes an order under subsection (9) , the Minister must publish a notice in the Gazette specifying the details of the order. (11)  Subject to subsection (13) , the order takes effect on the date of publication of the notice in the Gazette. (12)  If the order relates to an order which was approved by resolution of each House of Parliament under section 26(9) , the Minister must cause the notice referred to in subsection (10) and the order to be laid before each House of Parliament within the first 10 sitting days of the House after the notice has been published. (13)  If either House of Parliament passes a resolution within the first 3 sitting days after the notice referred to in subsection (12) is laid before it that the order be disallowed, the order is void and, from the date of disallowance, the order ceases to have effect. 8Section 27 substituted Section 27 of the Principal Act is repealed and the following section is substituted: 27Effect of order approving project of State significance (1)  Where an order is made under section 26 (6) or (8) – (a) subject to subsections (2) , (3) and (4) , the project of State significance may proceed on the conditions specified in the order; and (b) a permit, licence or other approval is deemed to have been issued under the Act specified in the order in relation to each condition, and that Act applies as if such a permit, licence or other approval had been issued on the conditions set out in the order in relation to that Act; and (c) the agency specified as the agency responsible for the enforcement of each condition must enforce the condition to the extent of its powers. (2)  Where an order is made under section 26A  – (a) subject to subsections (3) and (4) , the project of State significance may proceed on the conditions specified in the order; and (b) a permit, licence or other approval is deemed to have been issued under the Act specified in the order in relation to each condition, and that Act applies as if such a permit, licence or other approval had been issued on the conditions set out in the order in relation to that Act; and (c) the agency specified as the agency responsible for the enforcement of each condition must enforce the condition to the extent of its powers. (3)  Where an order is made under section 26B  – (a) subject to subsection (4) , the project of State significance may proceed on the conditions specified in the order; and (b) a permit, licence or other approval is deemed to have been issued under the Act specified in the order in relation to each condition, and that Act applies as if such a permit, licence or other approval had been issued on the conditions set out in the order in relation to that Act; and (c) the agency specified as the agency responsible for the enforcement of each condition must enforce the condition to the extent of its powers. (4)  An order to which this section relates may require the person proposing the project of State significance to apply for such other permits, licences or other approvals as may be necessary for the proposal to proceed and the person proposing the project of State significance must comply with the requirement. 9Section 28 amended (Limitation on rights of appeal and other rights) Section 28 of the Principal Act is amended as follows: (a) by omitting from subsection (1) " section 26 (6) or (8) " and substituting " section 26(6) ,  26(8) ,  26A or 26B "; (b) by omitting from subsection (2) " section 26 (6) or (8) " and substituting " section 26(6) ,  26(8) ,  26A or 26B ". 10Section 28A insertedAfter section 28 of the Principal Act , the following section is inserted in Part 3: 28ARevocation of order declaring project to be a project of State significance made on recommendation of Commission (1)  If the Commission is satisfied, at any time before the submission of its report to the Minister under section 26(1) , that there is no reasonable prospect that its report will contain a recommendation that a project of State significance should proceed, the Commission may submit a report to the Minister recommending that the order made under section 18(2) in relation to the project be revoked. (2)  Before the Commission submits a report to the Minister in accordance with subsection (1) , it must give to the person proposing the project of State significance a draft of the report. (3)  The person proposing the project of State significance may make a written submission to the Commission in relation to the draft of the report within 14 days of being given the draft. (4)  If a written submission is made under subsection (3) , the Commission must forward the submission to the Minister at the same time that it submits its report to the Minister. (5)  After considering the Commission’s report and any submission made under subsection (3) , the Minister may recommend to the Governor the making of an order revoking the order made under section 18(2) . (6)  The Governor may make an order revoking the order made under section 18(2) in accordance with a recommendation made under subsection (5) . (7)  If an order is made under subsection (6) revoking an order that declared a project to be a project of State significance, any direction given by the Minister under section 20 in relation to the project is revoked. (8)  No action may be brought against the Crown or any servant or agent of the Crown for loss sustained by reason of the making of an order under subsection (6) .

[Second reading presentation speech made in:

House of Assembly on 8 DECEMBER 1998

Legislative Council on 9 DECEMBER 1998]