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CLAUSE NOTES
Macquarie Point Development Corporation Amendment Bill 2018
Clause 1 Short title
Clause 2 This clause provides for the Bill to commence on the day it receives Royal
Assent.
Clause 3 This Bill is amending the Macquarie Point Development Corporation Act 2012.
Clause 3 confirms this Act is the Principal Act.
Clause 4 This clause defines certain terms for the purposes of the Bill.
Of note, site master plan has been included and will replace references to ‘site
redevelopment plan’ throughout the Act. This update aligns the language in the
Bill with commonly used terms.
Clause 5 This clause provides for new items to be prescribed as objectives for the
Macquarie Point Development Corporation. These are in addition to those
currently prescribed in the Principal Act.
Specifically the clause amends the principal objectives of the Corporation to
include to plan, facilitate and manage the redevelopment of the site so as to
ensure that the site:
encourages pedestrian and bicycle traffic;
allows for public transport; and
provides for public open spaces.
The clause also adds that the Corporation is to plan, facilitate and manage
temporary and longer-term uses of the site.
Clause 6 This clause updates the functions of the Corporation to reflect a transition from
remediation to redevelopment of the site. It also captures functions consistent
with the revised objectives included in clause 5.
New functions
In the Principal Act carrying out investigations, planning and undertaking
remediation works to provide for the redevelopment of the site are listed as
three separate items. The Bill removes the three separate elements and captures
all three in a revised provision.
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These actions are furthered by the inclusion of an additional sub-clause (b) to
capture the investigation of options for redevelopment of the site and require
the Corporation to prepare and implement strategies that provide for
redevelopment of the site.
Consistent with the new objectives captured in clause 5, sub-clause (c) also
includes that the Corporation is to redevelop and maintain public open spaces
on the site, provide for appropriate transit corridors and encourage temporary
and longer-term use of the site.
Amended functions
This clause also clarifies some of the Corporation’s functions, as currently
prescribed in the Principal Act.
These amendments:
add key stakeholders to the Corporation’s scope of consultation;
expands the scope of the land the Corporation may advise the Minister
on to beyond the Macquarie Point site; and
revises a reference to ‘site redevelopment plan’ to site master plan.
Clause 7 As prescribed in section 8 of the Principal Act, the Corporation must not,
without the written approval of the Minister, lease or licence land held by the
Corporation for any term exceeding 2 years.
This clause updates the time period from 2 to 5 years to enable the
Corporation to enter into timely arrangements in a commercial environment to
support redevelopment.
Clause 8 As noted in clause 3, ‘site master plan’ will replace all references to ‘site
redevelopment plan’ throughout the Act.
Clause 9 A mechanism was included in the Principal Act to provide for the transfer of
relevant State Servants to the Corporation. Specifically the transfer mechanism
in section 15(2) of the Principal Act prescribed that the person in the role of
General Manager, Macquarie Point Development Project within the Department
of Economic Development at that time was to transfer to the role of Chief
Executive Officer of the Corporation.
This clause removes that transitional mechanism as it is no longer needed.
Clause 10 Insertion of section 35A – This inclusion gives the Minister the ability to provide
the Board with a statement of expectations with regard to the Corporation’s
objectives and functions. If a statement is made, the Board is to make the
statement publicly available.
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Clause 11 As prescribed in the Principal Act, the Minister has the power to direct the
Board in connection with the functions and powers of the Corporation.
This clause seeks to provide further clarity to that power, by including a new
sub-clause noting that this includes the preparation of reports and the provision
of information.
Clause 12 As noted in clause 3, ‘site master plan’ will replace all references to ‘site
redevelopment plan’ throughout the Act.
Clause 13 To support a longer term and strategic view, the existing requirement for the
Board to prepare a Corporate Plan will be extended from capturing a
12 months period to providing a 3 year outlook. The Corporate Plan is to,
however, continue to be submitted to the Minister on an annual basis.
Clause 14 As noted in clause 3, ‘site master plan’ will replace all references to ‘site
redevelopment plan’ throughout the Act.
Clause 15 To support consistency, the reference to ‘development’ in section 39B of the
Principal Act has been replaced with ‘redevelopment’.
Clause 16 Insertion of Division 3 – Planning.
This clause provides for the insertion of the following sections to allow the
timely implementation of planning amendments to bring forward investment
and development on the site.
Section 39G
The process commences with the Board submitting a request to the Minister
seeking an amendment to the planning scheme. That request is to include a
draft of the proposed amendment the Board is seeking. This power can only be
used once for the land that is currently within the Macquarie Point site at the
time the section comes into effect (1)(a), and once for each additional parcel of
land that becomes part of the site after that time (1)(b).
Prior to requesting that the Minister make a planning amendment, the Board
must notify the owners and/or occupiers of adjoining land that it intends to seek
an amendment.
The request to the Minister must include:
a summary of the consultation the Board has undertaken; and
a statement setting out how the proposed planning amendment:
o furthers the objectives set out in Schedule 1 of the Land Use
Planning and Approvals Act 1993;
o is consistent with any applicable State Policy within the meaning
of the State Policies and Projects Act 1993; and
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o is consistent, as far as practicable, with the Southern Regional
Land Use Strategy.
Section 39H
After receiving a request the Minister may:
prepare a planning amendment as per the proposal prepared by the
Board;
after consultation with the Board, amend the proposed amendments as
the Minister sees fit;
request the Board make amendments and resubmit its request; or
refuse the request from the Board.
Before making a planning amendment, the Minister is to consult with the
Minister for Planning.
The Minister must also provide a copy of the draft planning amendment to:
the Board;
the relevant planning authority;
relevant statutory authorities; and
any agencies the Minister considers to have an interest,
and invite representations within 21 days.
Section 39I
Following this consultation, the Minister may approve the proposed planning
amendment in relation to land within the site on the day the section comes into
effect (1)(a) or in relation to land that subsequently becomes part of the
Macquarie Point site (1)(b).
The Minister may also resolve not to progress the proposed planning
amendment.
The planning amendment is to be in a form consistent with the proposal the
Minister consulted on; or after consultation with Board, the Minister may amend
the proposed planning amendment as he/she sees fit.
After approving the planning amendment, the Minister is to provide the
Tasmanian Planning Commission with:
a copy of the approval;
a copy of the proposed amendment;
a statement setting out how the proposed planning amendment:
o furthers the objectives set out in Schedule 1 of the Land Use
Planning and Approvals Act 1993;
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o is consistent with any applicable State Policy within the meaning
of the State Policies and Projects Act 1993; and
o is consistent, as far as practicable, with the Southern Regional
Land Use Strategy;
a direction to make the proposed amendment and to publish the
Minister’s above mentioned statement.
Section 39J
The Commission is to then, within 14 days or a period otherwise approved by
the Minister, update the relevant planning scheme. This section also provides the
Commission with the power to make amendments as appropriate to correct
any mistakes or anomalies it identifies while doing this.
The Commission is to notify the Minister when this update has been completed.
After receiving a notification from the Commission, the Minister is to:
give notice of the amendment in the Gazette and in the newspaper; and
notify the planning authority of the making of the amendment and the
day it comes into effect.
The amendment will apply on the day stated in the notice, or otherwise on the
day of Gazettal.
Section 39K
Amendments permitted through this Bill may only contain provisions to amend
the relevant planning scheme in place at that time (i.e. Sullivans Cove Planning
Scheme 1997 or interim planning scheme) or relevant Local Provisions Schedule
(LPS), to manage the uses related to redevelopment on the Macquarie Point
site. It is to also include any consequential amendments required to make those
amendments to the relevant scheme or LPS.
Schedule 6 of the Land Use Planning and Approvals Act 1993 provides transitional
arrangements for the implementation of the Tasmanian Planning Scheme. This
clause clarifies that amendments made through this Bill are to be captured within
the scope of provisions in Schedule 6.
Specifically that the amendments may contain ‘site specific qualifications’ in
keeping with Schedule 6, which capture amendments made to the Macquarie
Point Site Development Plan used in the current planning scheme – Sullivans
Cove Planning Scheme 1997.
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Sub-clause 4 – This sub-clause further clarifies that for an amendment containing
site specific qualifications:
made before the LPS comes into effect, the site specific qualifications is
to be carried across into the LPS (as per clause 8 of Schedule 6);
made after the LPS comes into effect, the site specific qualifications are
still to be carried across into the LPS (as per clause 8A of Schedule 6);
and
that are consequential to integrate with the planning scheme in place at
that time only, will not carry across to the LPS.
Sub-clause 5 – To avoid duplicate processes running in parallel, this sub-clause
clarifies that if the Minister is progressing a planning amendment through the this
Bill, a direction may not be issued under the Land Use Planning and Approvals Act
1993 with regard to the Macquarie Point site.
If a direction has already been issued, but the LPS has not come into force, the
draft LPS is taken to not apply to the Macquarie Point site.
Amendments made must:
further the objectives set out in Schedule 1 of the Land Use Planning and
Approvals Act 1993;
be consistent with any applicable State Policy within the meaning of the
State Policies and Projects Act 1993; and
be consistent, as far as practicable, with the Southern Regional Land Use
Strategy.
If the amendment is made to the current planning scheme – Sullivans Cove
Planning Scheme 1997 – the Bill also requires consistency with the existing
Strategic Framework and Conservation of Cultural Heritage Values of that
planning scheme.
Section 39L
The Minister may make factual or clerical corrections to a planning amendment
made through this Bill within 12 months of the amendment coming into effect.
These amendments are to be made in consultation with the Minister for
Planning and are to be made to the relevant planning scheme by the
Commission.
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Section 39M
The Minister may amend (other than minor amendment) a planning amendment
made through this Bill within 12 months of the amendment coming into effect.
This 12 month period applies independently to the land that is within the
Macquarie Point site at the time the section comes into effect; and separately for
each additional parcel of land that becomes part of the site after that time.
The amendment may:
amend the relevant planning scheme;
revoke or amend amendments previously made through this Bill; and
any other consequential amendments to give effect to the above.
The amendment is to be made in consultation with the Minister for Planning and
is to include consultation as per the original amendment process, as set out in
39G.
Section 39N
This clause provides a 2 year protection from potentially unwinding the intent of
the planning amendment made by the Minister. It is valid for 2 years from the
date the original planning amendment (not subsequent amendments) takes
effect for each parcel of land.
Clause 17 This clause clarifies that the existing power to transfer land from the Crown to
the Corporation can apply to part or all of the Macquarie Point site.
Clause 18 This clause duplicates the above existing transfer notice process, however, it
applies in reverse to provide a mechanism to return land, or other property
rights, to the Crown from the Corporation in case it is required.
Clause 19 As an existing Act is in place, the responsible Minister is determined through an
order through the Administrative Arrangements Act 1990. The previous section
providing interim clarity is no longer required and will be repealed.
Clause 20 As an amendment Bill, this clause clarifies that the Bill will be repealed a year
after it comes into effect.
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