Wellington Park Act 1993 (Tas)

Wellington Park Act 1993

An Act to establish Wellington Park, to provide for its protection, use and management and for the assessment of major projects affecting it and to make provision for incidental and consequential matters [Royal Assent 10 September 1993]

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 Wellington Park Act 1993 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation (1) In this Act, unless the contrary intention appears – Agency means a Government department or State authority or other organization specified in Column 1 of Schedule 1 to the State Service Act 2000 ; authorized officer means a police officer, a ranger within the meaning of the National Parks and Reserves Management Act 2002 , a ranger within the meaning of the Nature Conservation Act 2002 or a person appointed as an authorized officer under section 13 ; Commission means the Tasmanian Planning Commission established under section 4 of the Tasmanian Planning Commission Act 1997 ; development includes – (a) the construction, exterior alteration or exterior decoration of a building; and (b) the demolition or removal of a building or works; and (c) the construction or carrying out of works; and (d) the subdivision or consolidation of land, including buildings or airspace; and (e) the placing or relocation of a building or works on land; and (f) the construction or putting up for display of signs or hoardings – but does not include any development of a class or description, including a class or description mentioned in paragraphs (a) to (f) , prescribed by the regulations for the purposes of this definition; Fund means the Wellington Park Management Fund established under section 16 ; Government department means a department established under section 11 of the State Service Act 2000 ; hearing means a hearing held for the purposes of section 42 ; land includes land covered by water, and the part of that water covering that land; management plan means any management plan approved under section 23 and for the time being in force in respect of Wellington Park; municipality means a council; private right, when used in relation to Crown land, Crown land vested in a public authority or land owned by a public authority, means any estate, interest or right (not being an interest arising under a contract for the grant of an estate in fee simple) pursuant to which the holder of the estate, interest or right has the right to occupy or use that land or to carry out any operations on that land or to take any water, products or materials from that land; public authority means – (a) any municipality; or (b) any other body corporate established under an enactment having jurisdiction limited to a district, locality or part of the State; or (c) any body corporate established under an enactment or in the exercise of the prerogative rights of the Crown to administer or control any department, business, undertaking or public institution on behalf of the State; or (d) a department or other agency of government of the Commonwealth; or (e) an authority of the Commonwealth established for a public purpose; restricted area means the part of Wellington Park which is declared in a management plan to be an area to which the public has not a general right of access; State authority means a body or authority, whether incorporated or not, which is established or constituted by or under an Act or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another State authority; Trust means the Wellington Park Management Trust established under section 9 ; Wellington Park means – (a) the area of land indicated as bounded by a heavy black line on Plan No. 2789 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Schedule 1 ; or (b) that area of land as varied pursuant to sections 6 , 7 and 8 ; works includes any change to the natural or existing condition or topography of land including the removal, destruction or lopping of trees and the removal of vegetation or topsoil. (2) Words and expressions used both in this Act and in the National Parks and Reserves Management Act 2002 have in this Act, unless the contrary intention appears, the same respective meanings as they have in that Act. (3) Section 3(2), (3), (4), (5), (6), (7), (8), (9), (10), (11) and (12) of the Nature Conservation Act 2002 apply to this Act in the same way as they apply to that Act.