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Resource Planning and Development Commission Legislation (Miscellaneous Amendments) Act 2009

An Act to amend the Resource Planning and Development Commission Act 1997 and other Acts consequential to that amendment and for related purposes

[Royal Assent 24 June 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

This Act may be cited as the Resource Planning and Development Commission Legislation (Miscellaneous Amendments) Act 2009 .

2. Commencement

This Act commences on a day to be proclaimed.

PART 2 - Resource Planning and Development Commission Act 1997 Amended

3.
The amendments effected by this Part have been incorporated into the authorised version of the Resource Planning and Development Commission Act 1997 .
4.
The amendments effected by this Part have been incorporated into the authorised version of the Resource Planning and Development Commission Act 1997 .
5.
The amendments effected by this Part have been incorporated into the authorised version of the Resource Planning and Development Commission Act 1997 .
6.
The amendments effected by this Part have been incorporated into the authorised version of the Resource Planning and Development Commission Act 1997 .
7.
The amendments effected by this Part have been incorporated into the authorised version of the Resource Planning and Development Commission Act 1997 .
8.
The amendments effected by this Part have been incorporated into the authorised version of the Resource Planning and Development Commission Act 1997 .
9.
The amendments effected by this Part have been incorporated into the authorised version of the Resource Planning and Development Commission Act 1997 .
10.
The amendments effected by this Part have been incorporated into the authorised version of the Resource Planning and Development Commission Act 1997 .
11.
The amendments effected by this Part have been incorporated into the authorised version of the Resource Planning and Development Commission Act 1997 .
12.
The amendments effected by this Part have been incorporated into the authorised version of the Resource Planning and Development Commission Act 1997 .
13.
The amendments effected by this Part have been incorporated into the authorised version of the Resource Planning and Development Commission Act 1997 .
14.
The amendments effected by this Part have been incorporated into the authorised version of the Resource Planning and Development Commission Act 1997 .
15.
The amendments effected by this Part have been incorporated into the authorised version of the Resource Planning and Development Commission Act 1997 .
16.
The amendments effected by this Part have been incorporated into the authorised version of the Resource Planning and Development Commission Act 1997 .

PART 3 - Conveyancing and Law of Property Act 1884 Amended

17.
The amendments effected by this Part have been incorporated into the authorised version of the Conveyancing and Law of Property Act 1884 .
18.
The amendments effected by this Part have been incorporated into the authorised version of the Conveyancing and Law of Property Act 1884 .

PART 4 - Environmental Management and Pollution Control Act 1994 Amended

19.
The amendments effected by this Part have been incorporated into the authorised version of the Environmental Management and Pollution Control Act 1994 .
20.
The amendments effected by this Part have been incorporated into the authorised version of the Environmental Management and Pollution Control Act 1994 .
21.
The amendments effected by this Part have been incorporated into the authorised version of the Environmental Management and Pollution Control Act 1994 .
22.
The amendments effected by this Part have been incorporated into the authorised version of the Environmental Management and Pollution Control Act 1994 .

PART 5 - Evidence (Audio and Audio Visual Links) Regulations 2008 Amended

23.
The amendments effected by this Part have been incorporated into the authorised version of the Evidence (Audio and Audio Visual Links) Regulations 2008 .
24.
The amendments effected by this Part have been incorporated into the authorised version of the Evidence (Audio and Audio Visual Links) Regulations 2008 .

PART 6 - Forestry Act 1920 Amended

25.
The amendments effected by this Part have been incorporated into the authorised version of the Forestry Act 1920 .
26.
The amendments effected by this Part have been incorporated into the authorised version of the Forestry Act 1920 .
27.
The amendments effected by this Part have been incorporated into the authorised version of the Forestry Act 1920 .
28.
The amendments effected by this Part have been incorporated into the authorised version of the Forestry Act 1920 .

PART 7 - Gas Act 2000 Amended

29.
The amendments effected by this Part have been incorporated into the authorised version of the Gas Act 2000 .
30.
The amendments effected by this Part have been incorporated into the authorised version of the Gas Act 2000 .

PART 8 - Local Government (Building and Miscellaneous Provisions) Act 1993 Amended

31.
The amendments effected by this Part have been incorporated into the authorised version of the Local Government (Building and Miscellaneous Provisions) Act 1993 .
32.
The amendments effected by this Part have been incorporated into the authorised version of the Local Government (Building and Miscellaneous Provisions) Act 1993 .

PART 9 - Major Infrastructure Development Approvals Act 1999 Amended

33.
The amendments effected by this Part have been incorporated into the authorised version of the Major Infrastructure Development Approvals Act 1999 .
34.
The amendments effected by this Part have been incorporated into the authorised version of the Major Infrastructure Development Approvals Act 1999 .

PART 10 - Marine Farming Planning Act 1995 Amended

35.
The amendments effected by this Part have been incorporated into the authorised version of the Marine Farming Planning Act 1995 .
36.
The amendments effected by this Part have been incorporated into the authorised version of the Marine Farming Planning Act 1995 .
37.
The amendments effected by this Part have been incorporated into the authorised version of the Marine Farming Planning Act 1995 .
38.
The amendments effected by this Part have been incorporated into the authorised version of the Marine Farming Planning Act 1995 .

PART 11 - Mining (Strategic Prospectivity Zones) Act 1993 Amended

39.
The amendments effected by this Part have been incorporated into the authorised version of the Mining (Strategic Prospectivity Zones) Act 1993 .
40.
The amendments effected by this Part have been incorporated into the authorised version of the Mining (Strategic Prospectivity Zones) Act 1993 .

PART 12 - National Parks and Reserves Management Act 2002 Amended

41.
The amendments effected by this Part have been incorporated into the authorised version of the National Parks and Reserves Management Act 2002 .
42.
The amendments effected by this Part have been incorporated into the authorised version of the National Parks and Reserves Management Act 2002 .
43.
The amendments effected by this Part have been incorporated into the authorised version of the National Parks and Reserves Management Act 2002 .

PART 13 - Nature Conservation Act 2002 Amended

44.
The amendments effected by this Part have been incorporated into the authorised version of the Nature Conservation Act 2002 .
45.
The amendments effected by this Part have been incorporated into the authorised version of the Nature Conservation Act 2002 .

PART 14 - Public Land (Administration and Forests) Act 1991 Amended

46.
The amendments effected by this Part have been incorporated into the authorised version of the Public Land (Administration and Forests) Act 1991 .
47.
The amendments effected by this Part have been incorporated into the authorised version of the Public Land (Administration and Forests) Act 1991 .

PART 15 - Ralphs Bay Conservation Area (Clarification) Act 2006 Amended

48.
The amendments effected by this Part have been incorporated into the authorised version of the Ralphs Bay Conservation Area (Clarification) Act 2006 .
49.
The amendments effected by this Part have been incorporated into the authorised version of the Ralphs Bay Conservation Area (Clarification) Act 2006 .
50.
The amendments effected by this Part have been incorporated into the authorised version of the Ralphs Bay Conservation Area (Clarification) Act 2006 .
51.
The amendments effected by this Part have been incorporated into the authorised version of the Ralphs Bay Conservation Area (Clarification) Act 2006 .

PART 16 - Roads and Jetties Act 1935 Amended

52.
The amendments effected by this Part have been incorporated into the authorised version of the Roads and Jetties Act 1935 .
53.
The amendments effected by this Part have been incorporated into the authorised version of the Roads and Jetties Act 1935 .

PART 17 - State Policies and Projects Act 1993 Amended

54.
The amendments effected by this Part have been incorporated into the authorised version of the State Policies and Projects Act 1993 .
55.
The amendments effected by this Part have been incorporated into the authorised version of the State Policies and Projects Act 1993 .

PART 18 - Survey Co-ordination Act 1944 Amended

56.
The amendments effected by this Part have been incorporated into the authorised version of the Survey Co-ordination Act 1944 .
57.
The amendments effected by this Part have been incorporated into the authorised version of the Survey Co-ordination Act 1944 .
58.
The amendments effected by this Part have been incorporated into the authorised version of the Survey Co-ordination Act 1944 .

PART 19 - Threatened Species Protection Act 1995 Amended

59.
The amendments effected by this Part have been incorporated into the authorised version of the Threatened Species Protection Act 1995 .
60.
The amendments effected by this Part have been incorporated into the authorised version of the Threatened Species Protection Act 1995 .

PART 20 - Water Management Act 1999 Amended

61.
The amendments effected by this Part have been incorporated into the authorised version of the Water Management Act 1999 .
62.
The amendments effected by this Part have been incorporated into the authorised version of the Water Management Act 1999 .
63.
The amendments effected by this Part have been incorporated into the authorised version of the Water Management Act 1999 .

PART 21 - Wellington Park Act 1993 Amended

64.
The amendments effected by this Part have been incorporated into the authorised version of the Wellington Park Act 1993 .
65.
The amendments effected by this Part have been incorporated into the authorised version of the Wellington Park Act 1993 .
66.
The amendments effected by this Part have been incorporated into the authorised version of the Wellington Park Act 1993 .

PART 22 - Transitional Provisions

67. Transitional provisions

(1) In this Part –
commencement day means the day on which this Act commences;
Principal Act means the Resource Planning and Development Commission Act 1997 ;
Resource Planning and Development Commission means the Resource Planning and Development Commission established under the Principal Act as in force immediately before the commencement day;
Tasmanian Planning Commission means the Tasmanian Planning Commission established under the Principal Act as amended by this Act.

(2) A person who was, immediately before the commencement day, a member of the Resource Planning and Development Commission is to be taken to be a member of the Tasmanian Planning Commission until –
(a) the expiry of the period specified in the instrument under clause 4 of Schedule 2 to the Principal Act appointing the person to be a member of the Resource Planning and Development Commission; or
(b) the person otherwise ceases under the Principal Act to be a member of the Tasmanian Planning Commission.

(3) All acts, matters and things done or omitted to be done by, or done or suffered in relation to, the Resource Planning and Development Commission before the commencement day are taken to have been done or omitted to be done by, or done or suffered in relation to, the Tasmanian Planning Commission.

(4) The reference of any question to the Resource Planning and Development Commission in respect of which that Commission has not made a final report before the commencement day is taken to be a reference of that question to the Tasmanian Planning Commission.

(5) A direction given to or by the Resource Planning and Development Commission before the commencement day and which has not been fulfilled before that day is taken to be a direction given to or by the Tasmanian Planning Commission.

(6) A delegation by the Resource Planning and Development Commission before the commencement day that is in existence on that day is taken to be a delegation by the Tasmanian Planning Commission.

(7) A hearing conducted by or on behalf of the Resource Planning and Development Commission which has not been completed before the commencement day continues as if it had been conducted by or on behalf of the Tasmanian Planning Commission.

(8) All rights, obligations and liabilities of the Resource Planning and Development Commission which are subsisting immediately before the commencement day are transferred to the Tasmanian Planning Commission.

(9) Any contract, agreement or arrangement entered into by the Resource Planning and Development Commission before the commencement day and in force on that day is to be treated for all purposes as a contract, agreement or arrangement entered into by the Tasmanian Planning Commission.

(10) Any legal or other proceedings which, before the commencement day, might have been instituted or continued by or against the Resource Planning and Development Commission may be instituted or continued by or against the Tasmanian Planning Commission.

(11) A reference to the Resource Planning and Development Commission in any –
(a) Act; or
(b) planning scheme or other instrument; or
(c) document –
in force or subsisting on the commencement day is taken to be a reference to the Tasmanian Planning Commission.

Tasmanian Legislation Tasmania's consolidated legislation online

Resource Planning and Development Commission Legislation (Miscellaneous Amendments) Act 2009

Tasmanian Legislation
Tasmania's consolidated legislation online