Tasmanian Planning Commission Act 1997

Tasmanian Planning Commission Act 1997

An Act to establish the Tasmanian Planning Commission and to provide for related matters

[The long title Amended by No. 28 of 2009, s. 4, Applied:01 Sep 2009]

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:

PART 1 - Preliminary

1.   Short title

[Section 1 Amended by No. 28 of 2009, s. 5, Applied:01 Sep 2009] This Act may be cited as the Tasmanian Planning Commission Act 1997 .

2.   Commencement

This Act commences on a day to be proclaimed.

3.   Interpretation

In this Act, unless the contrary intention appears,

[Section 3 Amended by No. 28 of 2009, s. 6, Applied:01 Sep 2009] Commission means the Tasmanian Planning Commission established under section 4 .

PART 2 - Establishment, functions and powers of Tasmanian Planning Commission

[Part 2 Heading amended by No. 28 of 2009, s. 7, Applied:01 Sep 2009]

4.   Establishment of Tasmanian Planning Commission

(1)  [Section 4 Subsection (1) amended by No. 28 of 2009, s. 8, Applied:01 Sep 2009] The Tasmanian Planning Commission is established.

(2)  The Commission is part of the State's resource management and planning system, the objectives of which are set out in Schedule 1.

(3)  The Commission –

(a) is a body corporate with perpetual succession; and

(b) has a seal; and

(c) may sue and be sued in its corporate name.

(4)  The seal is to be kept and used as authorised by the Commission.

(5)  The execution of a document sealed by the Commission is to be attested by 2 members of the Commission.

(6)  All courts and persons acting judicially must take judicial notice of the imprint of the seal on a document and presume that it was duly sealed by the Commission.

5.   Constitution of Commission

(1)  The Commission consists of –

(a) a person nominated by the Minister who is the chairperson of the Commission and Executive Commissioner; and

(b) a person who possesses planning experience nominated by the Minister on the recommendation of the Local Government Association of Tasmania; and

(c) a person who possesses experience in public administration relating to project implementation nominated by the Minister responsible for the administration of the State Policies and Projects Act 1993 ; and

(d) a person who possesses expertise and management experience in resource conservation nominated by the Minister; and

(e) a person nominated by the Minister who, in the opinion of the Minister, possesses planning experience and appropriate experience in industry and commerce; and

(f) [Section 5 Subsection (1) amended by No. 28 of 2009, s. 9, Applied:01 Sep 2009] a person who possesses resource conservation or planning experience nominated by the Minister to represent community interests; and

(g) [Section 5 Subsection (1) amended by No. 28 of 2009, s. 9, Applied:01 Sep 2009] a person, nominated by the Minister, who is either the Head of, or a State Service employee employed within, the State Service Agency that is responsible for the administration of transport and provision of infrastructure; and

(h) [Section 5 Subsection (1) amended by No. 28 of 2009, s. 9, Applied:01 Sep 2009] [Section 5 Subsection (1) amended by No. 51 of 2012, Sched. 2, Applied:01 Jul 2013] a person, nominated by the Minister, who is either the chairperson of the Corporation, within the meaning of the Water and Sewerage Corporation Act 2012 , or a person who is recommended by that chairperson.

(2)  The members of the Commission are to be appointed by the Governor.

(3)  Schedules 2 and 3 have effect.

6.   Functions and powers of Commission

(1)  The Commission has the functions imposed and powers conferred on it under any other Act.

(1A)  [Section 6 Subsection (1A) inserted by No. 28 of 2009, s. 10, Applied:01 Sep 2009] In addition to the functions and powers referred to in subsection (1) , the Commission has the following functions and powers:

(a) to provide advice and support to the Minister in relation to the performance of his or her functions, and the exercise of his or her powers, in relation to land use planning under this or any other Act;

(b) to provide advice to the Minister in respect of matters related to land use planning;

(c) to plan for the coordinated provision of transport, and of infrastructure, for land development;

(d) to provide advice to local government in relation to planning schemes under the Land Use Planning and Approvals Act 1993 and the functions of local government under that Act;

(e) to review, and advise the Minister in respect of, State and regional strategic land use planning matters.

(2)  The Commission may do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of its functions.

(3)  The Commission must perform its functions and exercise its powers in a manner that furthers the objectives set out in Schedule 1 .

7.   Commission subject to directions of Minister

(1)  Subject to subsection (2) , the Minister may give directions in writing to the Commission and the Commission must perform its functions and exercise its powers in accordance with those directions.

(2)  [Section 7 Subsection (2) substituted by No. 28 of 2009, s. 11, Applied:01 Sep 2009] The Minister may not give a direction to the Commission in relation to the outcome of the exercise of a power, or the performance of a function, specified in Schedule 3A .

(3)  Where the Minister gives directions to the Commission, the Minister must cause the directions to be published in the Gazette within 14 days from the date on which they were given.

7A.   Commission to comply with ministerial statement of expectation

[Section 7A Inserted by No. 28 of 2009, s. 12, Applied:01 Sep 2009] The Commission is to conduct its business and affairs in a manner that is consistent with the ministerial statement of expectation that is provided to the Commission under section 7B and that is in force.

7B.   Ministerial statement of expectation

[Section 7B Inserted by No. 28 of 2009, s. 12, Applied:01 Sep 2009]

(1)  The Minister must provide the Commission with a ministerial statement of expectation by 31 January in each even-numbered year.

(2)  The ministerial statement of expectation is to specify the objectives of the Minister in respect of any matter relating to the functions of the Commission.

(3)  The ministerial statement of expectation –

(a) may not prevent the Commission from performing a function it is required to perform or otherwise complying with any Act; and

(b) may not extend the functions and powers of the Commission.

(4)  The Minister must consult with the Commission before preparing the ministerial statement of expectation.

(5)  The ministerial statement of expectation and any amendment to the ministerial statement of expectation is to be in writing and signed by the Minister.

(6)  The Minister may at any time, at his or her discretion or after receiving an application from the Commission –

(a) amend the ministerial statement of expectation; or

(b) revoke the ministerial statement of expectation and substitute another ministerial statement of expectation –

by providing the amendment or substituted ministerial statement of expectation to the Commission.

(7)  The ministerial statement of expectation, or an amendment to the ministerial statement of expectation, takes effect on a day specified in it, being a day not earlier than the day on which it is provided to the Commission.

(8)  The Commission is to make the ministerial statement of expectation, as in force from time to time, available to the public on its website.

8.   Delegation by Commission

(1)  The Commission may delegate any of its functions or powers other than this power of delegation.

(2)  Without limiting subsection (1) , the Commission may delegate any of its functions or powers which relate to a particular region of the State to a prescribed body.

(3)  [Section 8 Subsection (3) amended by No. 28 of 2009, s. 13, Applied:01 Sep 2009] [Section 8 Subsection (3) inserted by No. 28 of 2000, s. 4, Applied:31 May 2000] Subject to subsection (4) , the power to delegate under this section is to be read as a power to delegate without limitation as to the person to whom it may be delegated.

(4)  [Section 8 Subsection (4) inserted by No. 28 of 2009, s. 13, Applied:01 Sep 2009] The Commission may not delegate any of its functions or powers under a provision specified in Schedule 3A to a member of the Commission referred to in section 5(1)(g) or (h) .

9.   Committees

The Commission may, by instrument in writing, establish committees of such persons as the Commission considers appropriate for the purpose of assisting it in the performance of its functions and the exercise of its powers.

PART 3 - Hearings conducted by Commission

10.   Hearings

(1)  Where the Commission holds a hearing –

(a) the procedure at the hearing is, subject to section 11 , to be determined by the Commission; and

(b) the Commission –

(i) may inform itself about any matter in any way it thinks fit; and

(ii) may receive oral or written evidence; and

(iii) may consult with such persons as it thinks fit; and

(iv) is not bound to act in a formal manner; and

(v) must observe the rules of natural justice; and

(vi) is not bound by the rules of evidence.

(2)  Before the Commission begins a hearing it must give reasonable notice of the hearing in at least 2 newspapers published daily and circulating generally in Tasmania, one of which circulates in the region in which the hearing is to be held, stating –

(a) the subject of the hearing; and

(b) the time and place at which the hearing is to be held.

11.   Procedure at hearings

(1)  Subject to this section, a hearing must be held in public.

(2)  If –

(a) a person appearing to give evidence at a hearing objects to doing so in public; and

(b) the Commission considers –

(i) that the evidence is of a confidential nature; and

(ii) the interest in confidentiality is greater than the interest in having the evidence taken in public –

the Commission may take the evidence in private.

(3)  If the Commission considers –

(a) that evidence to be given at a hearing is of a confidential nature even though the person appearing to give the evidence has not objected to doing so in public; and

(b) the interest in confidentiality is greater than the interest in having the evidence taken in public –

the Commission may take the evidence in private.

(4)  The Commission may, if it thinks fit, permit or require a person who is to give evidence to the Commission to do so in writing.

(5)  The Commission may, at a hearing, take evidence on oath or affirmation.

11A.   Representation at hearing

[Section 11A Inserted by No. 49 of 2001, s. 38, Applied:16 Jul 2001]

(1)  [Section 11A Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] At a hearing before the Commission, a party to the hearing may appear in person or be represented by some other person (whether or not the person is enrolled as an Australian lawyer or an Australian legal practitioner).

(2)  The Commission may refuse to allow a party to the hearing to be represented if the Commission is satisfied that another party to the hearing would be significantly disadvantaged by that representation.

12.   Written evidence and submission documents to be made public

If a person –

(a) gives written evidence to a hearing; or

(b) makes a written submission to the Commission –

the Commission must, as soon as practicable, make available to the public in any way it thinks fit the particulars of the evidence or the contents of the submission, other than any matter where –

(c) the person objects to the matter being made public and the Commission considers that evidence of the matter would have been taken in private if it had been given orally at a hearing; or

(d) the Commission considers that, even though the person does not object to the matter being made public, evidence of the matter would have been taken in private if it had been given orally at a hearing.

13.   Protection of members, &c.

(1)  A member or delegate of the Commission has, in the performance of the member's or delegate's duties as a member or delegate, the same protection and immunity as a judge of the Supreme Court.

(2)  A person summoned to attend or appearing before the Commission as a witness has the same protection as a witness in a proceeding in the Supreme Court.

13A.   Protection from liability

[Section 13A Inserted by No. 43 of 2006, s. 55, Applied:18 Dec 2006]

(1)  A member of the Commission, the registrar and any other person acting under the direction of the Commission do not incur any personal liability in respect of any act done or omitted to be done in good faith in the performance or exercise, or purported performance or exercise, of any function or power of the Commission or in the administration or execution, or purported administration or execution, of this Act.

(2)  Subsection (1) does not preclude the Crown or the Commission from incurring liability that a member of the Commission, the registrar or other person mentioned in that subsection would, but for that subsection, incur.

14.   Power to obtain information and documents

(1)  If the Commission has reason to believe that a person is capable of giving information or producing a document relevant to a hearing to be, or being, conducted by the Commission, the Commission may give written notice to the person –

(a) requiring the person to produce the documents specified in the notice, to appear at a hearing to give evidence or to produce the documents specified in the notice and to appear at a hearing to give evidence; or

(b) requiring the person to give to the Commission, on or before a day specified in the notice –

(i) a statement signed by the person or, in the case of a body corporate, on behalf of the body corporate, setting out the information specified in the notice; or

(ii) the document specified in the notice.

(2)  If a document is produced or given to the Commission under subsection (1) , the Commission –

(a) may take possession of and may make copies of, or take extracts from, the document; and

(b) may retain possession of the document for such period as is necessary for the purposes of the hearing to which the document relates; and

(c) during that period, must permit the document to be inspected at all reasonable times by persons who would be entitled to inspect it if it were not in the possession of the Commission.

15.   Allowances to persons giving evidence, &c.

(1)  A person who appears at a hearing pursuant to a notice under section 14 is entitled to be paid such allowances for travelling and other expenses as are prescribed.

(2)  If the Commission considers it appropriate, a person who appears at a hearing to give evidence or produce a document (otherwise than pursuant to a notice under section 14 ) may be paid such allowances for travelling and other expenses as are prescribed.

(3)  If the Commission considers it appropriate, a person who gives evidence to, or produces a document at, a hearing may be –

(a) paid for the performance of work involved in collecting and preparing the evidence or document; or

(b) reimbursed such expenses, or compensated for such losses, as were reasonably incurred in collecting and preparing the evidence or document –

or both.

(4)  In subsection (3) ,

[Section 15 Subsection (4) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] person includes a Government department, within the meaning of the State Service Act 2000 , and a State authority, within the meaning of that Act.

(5)  Money paid under this section is to be paid by the Commission from money made available to it by Parliament.

16.   Failure to comply with requirement

(1)  A person who has been given notice under section 14 must not, without reasonable excuse –

(a) refuse or fail to comply with the notice; or

(b) when appearing at a hearing pursuant to the notice, refuse or fail –

(i) to take an oath or make an affirmation; or

(ii) to answer a question that is required by the person presiding at the hearing to be answered.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person who has been given notice under section 14 requiring the person to appear at a hearing must not, without reasonable excuse, refuse or fail to attend from day to day unless excused, or released from further attendance, by the person presiding at the hearing.

Penalty:  Fine not exceeding 20 penalty units.

(3)  It is a reasonable excuse for the purposes of subsection (1) for a person to refuse or fail to answer a question, give information or produce a document that the answer, information or production of the document might tend to incriminate the person or make the person liable to forfeiture or a penalty.

17.   False or misleading evidence or information

(1)  A person must not –

(a) give to the Commission information, or documents, that the person knows to be false or misleading in a material particular; or

(b) at a hearing, give evidence, or produce a document, that the person knows to be false or misleading in a material particular.

Penalty:  Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 6 months.

(2)  Subsection (1) does not apply to a document if, at the time when the person gives it to the Commission or produces it at a hearing, the person informs the Commission that it is false or misleading in a material particular and specifies in which respect it is, to the person's knowledge, false or misleading in a material particular.

17A.   Obstruction or improper influence of hearing

[Section 17A Inserted by No. 49 of 2001, s. 38, Applied:16 Jul 2001] A person must not obstruct or improperly influence the conduct of a hearing of the Commission or attempt to do so.

Penalty:  Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 6 months.

17B.   Misconduct before Commission

[Section 17B Inserted by No. 43 of 2006, s. 56, Applied:18 Dec 2006]

(1)  A person must not wilfully –

(a) insult a member of the Commission in relation to the performance of his or her functions as a member; or

(b) interrupt a proceeding or hearing of the Commission; or

(c) create a disturbance, or take part in creating or continuing a disturbance, in a place where the Commission is sitting, with the intention of disrupting a proceeding or hearing of the Commission.

(2)  The Commission may order that a person who has committed a breach of subsection (1) at a Commission hearing be excluded from the place where the hearing is being conducted.

(3)  A member of the Commission staff, acting under the Commission's order, may, using necessary and reasonable help and force, exclude the person from the place.

17C.   Contempt

[Section 17C Inserted by No. 43 of 2006, s. 56, Applied:18 Dec 2006]

(1)  A person must not do anything that would, if the Commission were a court of record, constitute a contempt of that court.

(2)  A person’s contempt of the Commission may be referred to the Supreme Court under this section.

(3)  The Commission may certify the contempt in writing to the Supreme Court.

(4)  For the purposes of subsection (3) , it is enough for the Commission to be satisfied that there is evidence of contempt.

(5)  The Commission may issue a warrant directed to a police officer or all police officers for the arrest of the person to be brought before the Supreme Court to be dealt with according to law.

(6)  The Bail Act 1994 applies to the proceeding for the contempt started by the certification in the same way as it applies to a charge of an offence.

(7)  The Supreme Court must inquire into the alleged contempt.

(8)  The Supreme Court must hear –

(a) witnesses and evidence that may be produced against or for the person whose contempt was certified; and

(b) any statement given by the person in defence.

(9)  If the Supreme Court is satisfied that the person has committed the contempt, the Court may punish the person as if the person had committed the contempt in relation to proceedings in that Court.

(10)  The Rules of the Supreme Court apply to the Court’s investigation, hearing and power to punish with necessary changes.

(11)  The Commission's certificate of contempt is evidence of the matters contained in the certificate.

PART 4 - Miscellaneous

18.   Use by Commission of services of persons

(1)  [Section 18 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Commission may make arrangements with the Secretary of the Department for State Service officers and State Service employees employed in the Department to be made available to the Commission to enable it to perform its functions and exercise its powers, and those officers and employees may serve the Commission in any capacity in conjunction with State Service employment.

(2)  [Section 18 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Commission may make arrangements with the Head of another State Service Agency for State Service officers and State Service employees employed in that Agency to be made available to the Commission to enable it to perform its functions and exercise its powers, and those officers and employees may serve the Commission in any capacity in conjunction with State Service employment.

(3)  The Commission may make arrangements with any other person for persons employed or engaged by that person to be made available to the Commission to enable it to perform its functions and exercise its powers.

18A.   Correction of minor errors

[Section 18A Inserted by No. 36 of 2018, s. 29, Applied:17 Dec 2018]

(1)  The Commission may correct a decision made by the Commission under this or any other Act if the decision contains –

(a) a clerical mistake or an error arising from any accidental slip or omission; or

(b) an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in the decision.

(2)  Subsection (1) does not apply in relation to –

(a) a decision to which section 81AA of the Land Use Planning and Approvals Act 1993 applies; or

(b) a decision that has taken effect and has altered the rights or obligations of a person, if the effect of the correction of the decision would be to alter the rights or obligations of the person or another person.

19.   Annual report

(1)  [Section 19 Subsection (1) amended by No. 42 of 2003, Sched. 1, Applied:04 Jul 2003] The Commission must, not later than 31 October in each year commencing with the year 1998, prepare and give to the Minister a report on the Commission's activities during the period of 12 months that ended on the preceding 30 June.

(2)  The Minister must cause a copy of the report to be laid before each House of Parliament within 10 sitting days of that House after the day on which the Minister received the report.

20.   Regulations

(1)  The Governor may make regulations for the purposes of this Act.

(2)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.

(3)  A provision referred to in subsection (2) may, if the regulations so provide, take effect from the commencement of this Act or a later date.

21.   Consequential amendments

(1)  The Acts specified in Part 1 of Schedule 4 are amended as specified in that Part.

(2)  The regulations specified in Part 2 of Schedule 4 are amended in the manner specified in that Part.

22.   Savings and transitional provisions

The savings and transitional provisions set out in Schedule 5 have effect.

23.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(a) the administration of this Act is assigned to the Minister for Environment and Land Management; and

(b) the Department responsible to the Minister for Environment and Land Management in relation to the administration of this Act is the Department of Environment and Land Management.

SCHEDULE 1 - Objectives of the resource management and planning system of Tasmania

Sections 4 and 6

1.   The objectives of the resource management and planning system of Tasmania are –

(a) to promote the sustainable development of natural and physical resources and the maintenance of ecological processes and genetic diversity; and

(b) to provide for the fair, orderly and sustainable use and development of air, land and water; and

(c) to encourage public involvement in resource management and planning; and

(d) to facilitate economic development in accordance with the objectives set out in paragraphs (a) , (b) and (c) ; and

(e) to promote the sharing of responsibility for resource management and planning between the different spheres of Government, the community and industry in the State.

2.   In clause 1(a) ,

sustainable development means managing the use, development and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic and cultural wellbeing and for their health and safety while –

(a) sustaining the potential of natural and physical resources to meet the reasonably foreseeable needs of future generations; and

(b) safeguarding the life-supporting capacity of air, water, soil and ecosystems; and

(c) avoiding, remedying or mitigating any adverse effects of activities on the environment.

SCHEDULE 2 - Provisions with respect to appointment, constitution and membership of commission

Section 5

1.   Recommendation for appointment

(1) The Minister may require the body referred to in section 5(1)(b) to recommend, within a period specified by the Minister (being a period of not less than 28 days), a person for appointment as a member of the Commission.

(2) If the body referred to in paragraph (b) of section 5(1) fails to comply with subclause (1) , the Minister may nominate a person for the purposes of that paragraph.

2.   Change of name, &c., of recommending body

(1) If the body referred to in paragraph (b) of section 5(1) changes its name, the Governor may, by order, amend that paragraph by substituting the body's new name.

(2) If the body referred to in paragraph (b) of section 5(1) ceases to exist, the Governor, on the recommendation of the Commission, may, by order, amend that paragraph by substituting the name of a body which the Governor is satisfied substantially represents the interests represented by the first-mentioned body.

3.   Selection of certain members

Before the appointment of the members referred to in section 5(1)(d) and (e) , the Minister is to consult such persons or groups of persons as the Minister considers appropriate seeking recommendations about persons who would be suitably qualified for appointment.

4.   Appointment of members

(1) A member of the Commission is to be appointed for such term, not exceeding 5 years, as is specified in the member's instrument of appointment and, if otherwise qualified, is eligible for re-appointment from time to time.

(2) The chairperson of the Commission is to be appointed on a full-time basis.

5.   Provisions requiring devotion of whole of time to other duties

Where, by or under any Act, provision is made requiring the holder of an office to devote the whole of his or her time to the duties of office under that Act, that provision does not operate to disqualify that person from holding that office and also the office of a member of the Commission other than the chairperson of the Commission.

6.   Terms and conditions of appointment

(1) Subject to subclause (2) , a member of the Commission is entitled to be paid such remuneration and allowances as the Governor may from time to time determine.

(2) [Schedule 2 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] A member of the Commission who is a State Service officer or State Service employee is not entitled to remuneration under subclause (1) , except with the approval of the Minister administering the State Service Act 2000 .

(3) A member holds office on such terms and conditions not provided for in this Act as are determined by the Governor.

7.   Disclosure of interests

(1) If a member of the Commission has or acquires an interest (whether pecuniary or otherwise) that would conflict with the proper performance of the member's functions in relation to a matter being considered or about to be considered by the Commission, the member must disclose the nature of that interest at a meeting of the Commission.

(2) A disclosure under subclause (1) is to be recorded in the minutes of the meeting of the Commission and the member must not, unless the Commission otherwise determines –

(a) be present during any deliberation of the Commission with respect to that matter; or

(b) take part in any decision of the Commission with respect to that matter.

(3) For the purpose of the making of a determination by the Commission under subclause (2) in relation to a member who has made a disclosure under subclause (1) , a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates must not take part in the making by the Commission of the determination.

8.   Deputies of members

(1) The Governor may appoint a deputy of a member of the Commission.

(2) The deputy of the member –

(a) referred to in section 5(1)(a) is to be nominated by the Minister; and

(b) referred to in section 5(1)(b) is to be nominated by the Minister on the recommendation of the Local Government Association of Tasmania; and

(c) referred to in section 5(1)(c) is to be a person who possesses experience in project implementation nominated by the Minister responsible for the administration of the State Policies and Projects Act 1993 ; and

(d) referred to in section 5(1)(d) is to be a person who possesses expertise and management experience in resource conservation nominated by the Minister; and

(e) referred to in section 5(1)(e) is to be a person who possesses planning experience nominated by the Minister; and

(f) [Schedule 2 Amended by No. 28 of 2009, s. 14, Applied:01 Sep 2009] referred to in section 5(1)(f) is to be a person who possesses conservation or planning experience representing community interests nominated by the Minister; and

(g) [Schedule 2 Amended by No. 28 of 2009, s. 14, Applied:01 Sep 2009] referred to in section 5(1)(g) is to be a State Service employee, nominated by the Minister, who is employed in the State Service Agency that is responsible for the administration of transport and provision of infrastructure; and

(h) [Schedule 2 Amended by No. 28 of 2009, s. 14, Applied:01 Sep 2009] [Schedule 2 Amended by No. 51 of 2012, Sched. 2, Applied:01 Jul 2013] referred to in section 5(1)(h) is to be a person nominated by the Minister on the recommendation of the chairperson of the Corporation, within the meaning of the Water and Sewerage Corporation Act 2012 .

(3) Subject to subclause (4) , if a member of the Commission is unable for any reason to perform the duties of a member, the member's deputy may perform those duties and, when doing so, is taken to be that member.

(4) The deputy of the member of the Commission referred to in section 5(1)(a) may not preside at a meeting of the Commission unless elected to do so by the members present at that meeting.

(5) A deputy member of the Commission is to be appointed for such term, not exceeding 5 years, as is specified in the deputy member's instrument of appointment and, if otherwise qualified, is eligible for reappointment from time to time.

9.   Resignation

A member or a deputy member may resign by signed notice given to the Governor.

10.   Termination of appointment

(1) The Governor may terminate the appointment of a member or a deputy member if the member –

(a) becomes mentally or physically incapable of performing satisfactorily the duties of office; or

(b) is convicted in Tasmania, or elsewhere, of an offence punishable by imprisonment for 2 years or longer; or

(c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors or compounds with his or her creditors or makes an assignment of his or her remuneration or estate for their benefit; or

(d) fails, without reasonable excuse, to comply with clause 7 .

(2) The Governor may remove a member referred to in section 5(1)(b) , (c) , (d) or (e) from office if the Governor is satisfied, having regard to the information supplied by the person who, or body which, nominated that member for appointment to the Commission, that the member is no longer qualified to be appointed to the Commission.

(3) A member or a deputy member is not to be removed from office otherwise than in accordance with this clause.

11.   Validity of proceedings, &c.

(1) An act or proceeding of the Commission or of any person acting pursuant to any direction of the Commission is not invalidated or prejudiced by reason only of the fact that, at the time when the act or proceeding was done, taken or commenced, there was a vacancy in the membership of the Commission.

(2) All acts and proceedings of the Commission or of any person acting pursuant to any direction of the Commission are, notwithstanding the subsequent discovery of any defect in the appointment of any member or deputy member of the Commission or that any person was disqualified from acting as, or incapable of being, a member or deputy member of the Commission, as valid as if the member or deputy member had been duly appointed and was qualified to act as, or capable of being, a member or deputy member, and as if the Commission had been fully constituted.

(3) Where a member of the Commission does or purports to do, or omits or purports to omit to do, any act or thing in good faith for the purpose of administering or executing this Act, the member is not to be personally subjected to any action, liability, claim or demand in respect of that act or omission.

12.   Presumptions

In any proceedings by or against the Commission, unless evidence is given to the contrary, no proof is required of –

(a) the constitution of the Commission; or

(b) any resolution of the Commission; or

(c) the appointment of any member or deputy member of the Commission; or

(d) the presence of a quorum at any meeting of the Commission.

SCHEDULE 3 - Provisions with respect to meetings of Commission

Section 5

1.   Convening of meetings of Commission

Meetings of the Commission may be convened by the chairperson of the Commission or by any 2 members of the Commission.

2.   Procedure at meetings

(1) [Schedule 3 Amended by No. 28 of 2009, s. 15, Applied:01 Sep 2009] Four members of the Commission form a quorum at any duly convened meeting of the Commission.

(2) Any duly convened meeting of the Commission at which a quorum is present is competent to transact any business of the Commission.

(3) Questions arising at a meeting of the Commission are to be determined by a majority of votes of the members of the Commission present and voting.

3.   Chairperson

(1) The chairperson of the Commission is to preside at all meetings of the Commission.

(2) If the chairperson of the Commission is not present at a meeting of the Commission, a member elected by the members present is to preside at that meeting.

4.   General procedure

The procedure for the calling of, and for the conduct of business at, meetings of the Commission is, subject to any procedure that is specified in this Act, to be as determined by the Commission.

SCHEDULE 3A - Provisions in respect of which delegation and directions are restricted

[Schedule 3A Inserted by No. 28 of 2009, s. 16, Applied:01 Sep 2009]

Sections 7(2) and 8(4)

1.    Part 3 of this Act.

2.   [Schedule 3A Amended by No. 47 of 2015, s. 60, Applied:17 Dec 2015] Parts 2, 3, 3A, 3B and 4 of the Land Use Planning and Approvals Act 1993 .

3.    Part 2 of the Major Infrastructure Development Approvals Act 1999 .

4.    Sections 22 , 23 and 24 of the National Parks and Reserves Management Act 2002 .

5.    Part 2 of the Public Land (Administration and Forests) Act 1991 .

6.    Section 4 of the Ralphs Bay Conservation Area (Clarification) Act 2006 .

7.    Part 3 of the State Policies and Projects Act 1993 .

8.   [Schedule 3A Amended by No. 20 of 2011, Sched. 2, Applied:31 Aug 2011] .  .  .  .  .  .  .  .  

9.    Section 35 of the Threatened Species Protection Act 1995 .

10.    Sections 27 and 27A of the Water Management Act 1999 .

11.    Sections 24B , 24C and 24D of the Wellington Park Act 1993 .

SCHEDULE 4 - Amendments

Section 21

PART 1 - Acts Amended

Aboriginal Lands Act 1995

1.   Section 29 is amended as follows:

(a) by omitting "Public Land Use", wherever occurring;

(b) by inserting after subsection (9) the following subsection:

(10)  In this section,

Commissioner means the chairperson of the Resource Planning and Development Commission established under the Resource Planning and Development Commission Act 1997 .

Conveyancing and Law of Property Act 1884

1.   Section 84E(5) is amended as follows:

(a) by omitting "Land Use Planning Review Panel", twice occurring, and substituting "Resource Planning and Development Commission";

(b) by omitting " Land Use Planning and Approvals Act 1993 " and substituting "Resource Planning and Development Commission Act 1997".

Environmental Management and Pollution Control Act 1994

1.    Section 26 is amended by omitting "Sustainable Development Advisory Council" and substituting "Resource Planning and Development Commission established under the Resource Planning and Development Commission Act 1997 ".

Forestry Act 1920

1.    Section 4(1) is amended as follows:

(a) by omitting the definition of Public Land Use Commission ;

(b) by inserting after the definition of "reserved trees" the following definition:

Resource Planning and Development Commission means the Resource Planning and Development Commission established under the Resource Planning and Development Commission Act 1997 ;

2.   Section 15 is amended by omitting from subsections (2)(b) and (3) "Public Land Use Commission" and substituting "Resource Planning and Development Commission".

3.    Section 17 is amended as follows:

(a) by omitting from subsection (6)(a) "Public Land Use Commission" and substituting "Resource Planning and Development Commission";

(b) by omitting from subsection (7) "Public Land Use Commission" and substituting "Resource Planning and Development Commission".

4.    Section 17A is amended as follows:

(a) by omitting from subsection (6)(a) "Public Land Use Commission" and substituting "Resource Planning and Development Commission";

(b) by omitting from subsection (7) "Public Land Use Commission" and substituting "Resource Planning and Development Commission".

Land Use Planning and Approvals Act 1993

1.    Section 3(1) is amended as follows:

(a) by omitting the definition of Advisory Council ;

(b) by inserting after the definition of "building" the following definition:

Commission means the Resource Planning and Development Commission established under the Resource Planning and Development Commission Act 1997 ;

(c) by omitting the definition of Panel .

2.    Section 6 is amended as follows:

(a) by omitting subsections (1) and (2) ;

(b) by omitting from subsection (5) "the Panel or";

(c) by omitting from subsection (6) "the Panel or".

3.    Part 2 is repealed and the following Part is substituted:

PART 2 - Functions of Commission under this Act

8.   Functions of Commission

The functions of the Commission under this Act are to –

(a) certify and approve planning schemes and amendments to planning schemes; and

(b) perform such other functions as are imposed on it by or under this Act.

4.    Section 20(2)(f) is amended by omitting "Panel" and substituting "Commission".

5.    Section 22(2) is amended by omitting "Panel" and substituting "Commission".

6.    Section 23 is amended by omitting "Panel" and substituting "Commission".

7.   Section 24 is amended by omitting "Panel", wherever occurring, and substituting "Commission".

8.   Section 25 is amended by omitting "Panel", wherever occurring, and substituting "Commission".

9.   Section 26(2) is amended by omitting "Panel", twice occurring, and substituting "Commission".

10.   Section 27 is amended by omitting "Panel", wherever occurring, and substituting "Commission".

11.   Section 28 is amended by omitting "Panel", wherever occurring, and substituting "Commission".

12.   Section 28AA is amended by omitting "Panel", wherever occurring, and substituting "Commission".

13.   Section 28A is amended by omitting "Panel", twice occurring, and substituting "Commission".

14.   Section 28C is amended by omitting "Panel", wherever occurring, and substituting "Commission".

15.   Section 28D is amended by omitting "Panel", wherever occurring, and substituting "Commission".

16.    Section 28E(1) is amended by omitting "Panel" and substituting "Commission".

17.   Section 28F is amended by omitting "Panel" and substituting "Commission".

18.   Section 29 is amended as follows:

(a) by omitting "Panel", wherever occurring, and substituting "Commission";

(b) by omitting from subsection (3)(d) "Panel's" and substituting "Commission's".

19.   Section 30 is amended by omitting "Panel", wherever occurring, and substituting "Commission".

20.    Section 34(2) is amended by omitting "Panel" and substituting "Commission".

21.    Section 35 is amended by omitting "Panel" and substituting "Commission".

22.   Section 36 is amended by omitting "Panel", wherever occurring, and substituting "Commission".

23.   Section 38 is amended by omitting "Panel", wherever occurring, and substituting "Commission".

24.   Section 39(2) is amended by omitting "Panel", twice occurring, and substituting "Commission".

25.   Section 40 is amended by omitting "Panel", wherever occurring, and substituting "Commission".

26.    Section 41 is amended by omitting "Panel" and substituting "Commission".

27.   Section 41A is amended by omitting "Panel", wherever occurring, and substituting "Commission".

28.    Section 41B(1) is amended by omitting "Panel" and substituting "Commission".

29.   Section 42 is amended by omitting "Panel", wherever occurring, and substituting "Commission".

30.   Section 43 is amended by omitting "Panel", wherever occurring, and substituting "Commission".

31.   Section 47 is amended by omitting "Panel", wherever occurring, and substituting "Commission".

32.    Section 47A(3)(a) is amended by omitting "Panel" and substituting "Commission".

33.   Section 47B is amended by omitting "Panel", twice occurring, and substituting "Commission";

34.    Section 60(1) is amended by omitting "Panel" and substituting "Commission".

35.    Section 64 is amended as follows:

(a) by omitting from subsection (1) "Panel" and substituting "Commission";

(b) by omitting from subsection (8) "Panel" and substituting "Commission".

36.   Section 67(2) is amended by omitting "Panel" and substituting "Commission".

37.   Section 68 is amended by omitting "Panel", twice occurring, and substituting "Commission".

38.    Section 74(3) is amended by omitting "Panel" and substituting "Commission".

39.    Section 76(1) is amended by omitting "Panel" and substituting "Commission".

40.   Section 81 is amended by omitting "Panel", twice occurring, and substituting "Commission".

41.    Section 82 is amended by omitting "Panel" and substituting "Commission".

42.    Section 86 is amended by omitting "Panel" and substituting "Commission".

43.   Section 87(2) is amended by omitting "Panel", twice occurring, and substituting "Commission".

44.    Schedules 2 and 3 are repealed.

Local Government (Building and Miscellaneous Provisions) Act 1993

1.    Section 3(1) is amended as follows:

(a) by inserting after the definition of "building surveyor" the following definition:

Commission means the Resource Planning and Development Commission established under the Resource Planning and Development Commission Act 1997 ;

(b) by omitting the definition of Panel .

2.   Section 109(3) is amended by omitting "Panel", wherever occurring, and substituting "Commission".

Marine Farming Planning Act 1995

1.    Section 3 is amended as follows:

(a) by omitting the definition of Land Use Planning Review Panel ;

(b) by inserting after the definition of "relevant agency" the following definition:

Resource Planning and Development Commission means the Resource Planning and Development Commission established under the Resource Planning and Development Commission Act 1997 ;

2.    Section 8(2)(b) is amended by omitting "Chairperson of the Land Use Planning Review Panel" and substituting "chairperson of the Resource Planning and Development Commission".

3.   Section 20 is amended by omitting "Land Use Planning Review Panel", wherever occurring, and substituting "Resource Planning and Development Commission".

Mining (Strategic Prospectivity Zones) Act 1993

1.    Section 7 is amended as follows:

(a) by omitting from subsection (6)(c) "Public Land Use Commission" and substituting "Resource Planning and Development Commission established under the Resource Planning and Development Commission Act 1997 ";

(b) by omitting from subsection (7) "Public Land Use Commission" and substituting "Resource Planning and Development Commission established under the Resource Planning and Development Commission Act 1997 ".

Ombudsman Act 1978

1.    Schedule 1 is amended by omitting item 13 and substituting the following item:

13.   Resource Planning and Development Commission.

Public Land (Administration and Forests) Act 1991

1.    The long title is amended by omitting "establish a Public Land Use Commission, to".

2.   Section 4 is amended as follows:

(a) by omitting the definitions of "Assistant Commissioner" and "Commission" and substituting the following definition:

Commission means the Resource Planning and Development Commission established under the Resource Planning and Development Commission Act 1997 ;

(b) by omitting the definition of "Commissioner" and substituting the following definition:

Commissioner means the chairperson of the Commission;

3.    Division 2 of Part 2 is repealed and the following Division is substituted:

Division 2 - Functions of Commission under this Act

5.   Functions of Commission

It is the function of the Commission under this Act, when required to do so by the Minister, to inquire into and to make recommendations on the use of public land.

6.   Policy to be followed by Commission

It is the obligation of the Commission to make recommendations that will further the objectives set out in Schedule 1 .

7.   Matters to be addressed by Commission

Before making a recommendation in respect of land, the Commission must, as far as practicable or subject to the terms of reference –

(a) identify the nature and extent of the resources of the land; and

(b) identify the environmental, cultural, social, industrial, economic and other values of those resources; and

(c) identify the uses that are or could be made of those resources; and

(d) assess the full costs and benefits involved in each use, or combination of uses, of those resources; and

(e) consider any other aspects of the use of the land the Commission considers relevant.

4.    Division 3 of Part 2 is repealed.

5.    Sections 23 , 24 , 25 and 26 are repealed.

6.   Sections 33 to 50 are repealed.

Roads and Jetties Act 1935

1.    Section 9A(5)(a) is amended by omitting "Land Use Planning Review Panel established under the Land Use Planning and Approvals Act 1993 " and substituting "Resource Planning and Development Commission established under the Resource Planning and Development Commission Act 1997 ".

State Policies and Projects Act 1993

1.    Section 3(1) is amended as follows:

(a) by omitting the definition of Advisory Council ;

(b) by inserting after the definition of "agency" the following definition:

Commission means the Resource Planning and Development Commission established under the Resource Planning and Development Commission Act 1997 ;

(c) by omitting the definition of Panel .

2.   Section 6 is amended by omitting "Advisory Council", wherever occurring, and substituting "Commission".

3.    Section 8 is amended by omitting "Advisory Council" and substituting "Commission".

4.   Section 9 is amended by omitting "Advisory Council", wherever occurring, and substituting "Commission".

5.   Section 10 is amended by omitting "Advisory Council", twice occurring, and substituting "Commission".

6.   Section 11 is amended by omitting "Advisory Council", wherever occurring, and substituting "Commission".

7.    Section 12(1) is amended by omitting "Advisory Council's" and substituting "Commission's".

8.   Section 13 is amended by omitting "Panel", wherever occurring, and substituting "Commission".

9.   Section 15A is amended by omitting "Advisory Council", wherever occurring, and substituting "Commission".

10.   Section 20 is amended by omitting "Advisory Council", wherever occurring, and substituting "Commission".

11.   Section 21 is amended as follows:

(a) by omitting "Advisory Council", wherever occurring, and substituting "Commission";

(b) by omitting from subsection (1) "Advisory Council's" and substituting "Commission's".

12.    Section 22 is amended by omitting "Advisory Council" and substituting "Commission".

13.    Section 23 is amended by omitting "Advisory Council" and substituting "Commission".

14.   Section 24 is amended by omitting "Advisory Council", wherever occurring, and substituting "Commission".

15.   Section 25 is amended by omitting "Advisory Council", twice occurring, and substituting "Commission".

16.   Section 26 is amended by omitting "Advisory Council", wherever occurring, and substituting "Commission".

17.   Section 29 is amended by omitting "Advisory Council", twice occurring, and substituting "Commission".

18.   Part 5 is repealed and the following Part is substituted:

PART 5 - Functions of Commission under this Act

30.   Functions of Commission

The functions of the Commission under this Act are –

(a) to report to the Minister on the preparation of draft State Policies; and

(b) in accordance with directions under section 20(1) , to report to the Minister on projects of State significance; and

(c) to prepare State of the Environment Reports; and

(d) perform such other functions as are imposed on it by or under this Act.

19.    Section 44 is amended by omitting "Advisory Council" and substituting "Commission".

20.    Section 46(2)(c) is amended by omitting "Advisory Council" and substituting "Commission".

21.    Section 47 is amended by omitting "Advisory Council" and substituting "Commission".

22.    Schedules 2 and 3 are repealed.

Sullivans Cove Planning Act 1995

1.   Section 7(2) is amended as follows:

(a) by omitting from paragraph (a) "Land Use Planning Review Panel" and substituting "Resource Planning and Development Commission established under the Resource Planning and Development Commission Act 1997";

(b) by omitting from paragraph (b) "Panel", twice occurring, and substituting "Commission".

Survey Co-ordination Act 1944

1.    Section 20A(2)(d) is amended by omitting "Land Use Planning Review Panel, established under the Land Use Planning and Approvals Act 1993 " and substituting "Resource Planning and Development Commission, established under the Resource Planning and Development Commission Act 1997 ".

Threatened Species Protection Act 1995

1.    Section 35(1)(a) is amended by omitting "Public Land Use Commissioner" and substituting "chairperson of the Resource Planning and Development Commission established under the Resource Planning and Development Commission Act 1997 ".

PART 2 - Regulations Amended

SCHEDULE 5 - Savings and transitional provisions

Section 22

1.   Acts, matters and things done

All acts, matters and things done or omitted to be done by, or done or suffered in relation to, the Land Use Planning Review Panel, the Sustainable Development Advisory Council or the Public Land Use Commission before the commencement of this Act are taken to have been done or omitted to be done by, or done or suffered in relation to, the Commission.

2.   Reference of questions

The reference of any question to the Public Land Use Commission in respect of which the Public Land Use Commission has not made a final report before the commencement of this Act is taken to be a reference of that question to the Commission.

3.   Directions

Any direction given to the Sustainable Development Advisory Council or the Land Use Planning Review Panel before the commencement of this Act and which has not been fulfilled before that commencement is taken to be a direction given to the Commission.

4.   Delegations

Any delegation by the Land Use Planning Review Panel, the Sustainable Development Advisory Council or the Public Land Use Commission in existence at the commencement of this Act is taken to be a delegation by the Commission.

5.   Hearings

Any hearing conducted by or on behalf of the Land Use Planning Review Panel, the Sustainable Development Advisory Council or the Public Land Use Commission which has not been completed before the commencement of this Act continues as if it had been conducted by or on behalf of the Commission.

6.   Notices to produce documents, &c.

A notice given to a person by –

(a) the Land Use Planning Review Panel under section 16 of the Land Use Planning and Approvals Act 1993 ; or

(b) the Sustainable Development Advisory Council under section 40 of the State Policies and Projects Act 1993 ; or

(c) the Public Land Use Commission under section 33 of the Public Land (Administration and Forests) Act 1991  –

is taken to be a notice given by the Commission under section 14 .

7.   Rights, obligations and liabilities

All rights, obligations and liabilities of the Land Use Planning Review Panel, the Sustainable Development Advisory Council or the Public Land Use Commission which are subsisting immediately before the commencement of this Act are transferred to the Commission.

8.   Contracts and agreements

Any contract, agreement or arrangement entered into by the Land Use Planning Review Panel, the Sustainable Development Advisory Council or the Public Land Use Commission before the commencement of this Act and in force at that commencement is to be treated for all purposes as a contract, agreement or arrangement entered into by the Commission.

9.   Legal proceedings

Any legal or other proceedings which, before the commencement of this Act, might have been instituted or continued by or against the Land Use Planning Review Panel, the Sustainable Development Advisory Council or the Public Land Use Commission may be instituted or continued by or against the Commission.

10.   References in other Acts

A reference to the Land Use Planning Review Panel, the Sustainable Development Advisory Council or the Public Land Use Commission in any –

(a) Act; or

(b) planning scheme or other instrument; or

(c) document –

in force or subsisting at the commencement of this Act is taken to be a reference to the Commission.