Local Government (Subdivision Approval Validation) Act 1995 (Tas)

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.