Cable Car (kunanyi/Mount Wellington) Facilitation Act 2017 (Tas)

Cable Car (kunanyi/Mount Wellington) Facilitation Act 2017

An Act to facilitate the development of facilities in relation to, and the operation of, cable cars on kunanyi/Mount Wellington [Royal Assent 16 October 2017]

Be it enacted by Her 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 Cable Car (kunanyi/Mount Wellington) Facilitation Act 2017 .

2. Commencement This Act commences on the day on which this Act receives the Royal Assent.

3. Interpretation In this Act, unless the contrary intention appears – aerial easement means an easement, for the purposes of a project, that relates to airspace that is above land that is referred to in paragraph (a) of the definition of project land ; compensable loss means – (a) damage to the surface of land; or (b) damage to crops, trees, grasses, fruit, vegetables or other vegetation; or (c) damage to buildings, structures, works or objects; or (d) damage to any improvement on land; or (e) loss of opportunity to make any planned improvement on land; or (f) deprivation of possession or use of the whole or part of the surface of land; or (g) severance of land from other land owned or occupied by the person claiming compensable loss; or (h) destruction or loss of, or injury to, disturbance of, or interference with, stock; or (i) loss of amenity, including recreation and conservation values; or (j) any decrease in the market value of a person's interest in land; or (k) the cost of rehabilitation or remediation of land; land has the same meaning as in the Land Acquisition Act 1993 ; project means all or part of a project consisting of – (a) the construction of facilities necessary for the operation of one or more cable cars, including – (i) terminals for the purposes of such cable cars; and (ii) towers, and a cableway between the towers, for the purposes of such cable cars; and (b) the construction of facilities related to the operation or use of such cable cars; and (c) the use of any facilities, or cable cars, referred to in paragraph (a) or (b) – and includes other developments and uses forming part of that project; project land means – (a) land that is – (i) within Wellington Park; and (ii) owned by a council; and (iii) required for the purposes of a project; and (b) any airspace to which an aerial easement relates; proponent means a person that wishes to undertake all or part of a project; public land has the same meaning as in section 4 of the Public Land (Administration and Forests) Act 1991 ; Wellington Park has the same meaning as in the Wellington Park Act 1993 ; Wellington Park Management Trust means the Wellington Park Management Trust established under section 9 of the Wellington Park Act 1993 .