Local Government (Subdivision Approval Validation) Act 1995
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Local Government (Subdivision Approval Validation) Act 1995
Local Government (Subdivision Approval Validation) Act 1995
An Act to validate certain approvals for plans of subdivisions made under the
Local Government Act 1962
[Royal Assent 1 September 1995]
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:
1.
Short title
This Act may be cited as the
Local Government (Subdivision Approval Validation) Act 1995 .
2.
Commencement
This Act commences on the day on which it receives the Royal Assent.
3.
Interpretation
In this Act
interim order
means an interim order in force under the
Land Use Planning and Approvals Act 1993 ;
planning scheme
means a planning scheme in force under the
Land Use Planning and Approvals Act 1993 ;
prescribed application
means an application for approval of a plan of subdivision under
section 464
or
469 of the
Local Government Act 1962
(a) which was purportedly granted under either of those sections; and
(b) in respect of which a final plan or part of a final plan was not sealed;
proposal plan
means the plan of the proposed subdivision to which the prescribed application related;
valid application
means a prescribed application validated under
section 4 .
4.
Validation of certain applications
(1)
A prescribed application is valid if
(a) the application was granted on or after 17 January 1989; or
(b) the application was granted before 17 January 1989 and the proposal plan is consistent with any relevant planning scheme or interim order.
(2)
A person may apply to the Minister to declare valid a prescribed application which
(a) was granted before 17 January 1989; and
(b) relates to a proposal plan which is not consistent with any relevant planning scheme or interim order.
(3)
The Minister may
(a) declare valid a prescribed application referred to in
subsection (2)
if satisfied that the applicant incurred significant expense in carrying out or preparing to carry out the proposal plan; or
(b) refuse to declare valid the prescribed application if not so satisfied.
(4)
The granting under
section 464 (3)
or
469 (3) of the
Local Government Act 1962
of a prescribed application which is valid under this section is valid.
5.
Approval to proceed in stages
(1)
A person may apply to the relevant council for approval for a proposal plan to proceed in stages if the prescribed application to which the plan relates is a valid application.
(2)
A council may give approval for a proposal plan which was the subject of a valid application to proceed in stages.
(3)
If a council gives approval under
subsection (2) , the final plans for the first stage of the proposal plan must be lodged for sealing under the
Local Government (Building and Miscellaneous Provisions) Act 1993
by 17 January 1996.
6.
Application of
Local Government (Building and Miscellaneous Provisions) Act 1993
(1)
A valid application is a plan of subdivision approved under
Division 2 of Part 3 of the
Local Government (Building and Miscellaneous Provisions) Act 1993
.
(2)
The provisions of
Division 3 of Part 3 of the
Local Government (Building and Miscellaneous Provisions) Act 1993
apply to a valid application
(a) if a council gives approval under
section 5
for a proposal plan to proceed in stages, until 17 January 1998; or
(b) in any other case, until 17 January 1996.
(3)
A person who has been granted approval for a proposal plan to proceed in stages may apply to the Minister to extend the period referred to in
subsection (2)
(a) .
(4)
The Minister may extend the period referred to in
subsection (2)
if satisfied that
(a) the stages of the proposal plan beyond the first stage are proceeding at a reasonable rate; and
(b) it is not practicable for those stages to be completed on or before 17 January 1998.
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