Launceston Flood Risk Management Act 2015 (Tas)

Launceston Flood Risk Management Act 2015

An Act to make provision for and in relation to the management of the likelihood, severity and duration of, and emergencies consisting of, floods in Launceston, to repeal the Launceston Flood Protection Act 1977 , and for related matters [Royal Assent 14 September 2015]

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:

PART 1 - Preliminary

1. Short title This Act may be cited as the Launceston Flood Risk Management Act 2015 .

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 – Agreement means the Launceston Flood Protection Scheme Agreement 1975 signed on 24 July 1975 under section 10 of the Launceston Flood Protection Act 1960 as then in force; Appeal Tribunal means the Tasmanian Civil and Administrative Tribunal; authorised officer means a person appointed under section 9 to be an authorised officer; Authority means the Launceston Flood Authority established by the Council under section 30 of the Local Government Act 1993 ; Authority Rules means the rules, as in force from time to time, that are made in relation to the Authority under Division 4 of Part 3 of the Local Government Act 1993 ; Commission has the same meaning as it has in the Planning Act; Council means the Launceston City Council; Council land means land owned by the Council; Crown land has the same meaning as it has in the Crown Lands Act 1976 ; development has the same meaning as it has in the Planning Act; discretionary permit means a permit to which section 57(1) of the Planning Act applies but does not include a permit to which section 43A of the Planning Act applies; dredging means to remove, displace, or replace, by mechanical means, sediment present in a body of water; flood-prone area means the area shown bounded by a thick black line on the map in Schedule 1 ; flood protection works means all structures or works erected, constructed, or managed, by the Authority (or the Council) – (a) so as to reduce the likelihood, severity or duration of flooding in the flood-prone area; or (b) under section 15 or section 27 ; flood-significant planning application means an application to a planning authority for – (a) a discretionary permit in respect of land within an area of land that is determined under section 18 to be an area of development interest; or (b) an amendment to a discretionary permit, granted under the Planning Act, in respect of land within an area of land that is determined under section 18 to be an area of development interest; levee includes any apparatus, or structure, that is necessary or convenient for the functioning of a levee; levee-related land means the areas of land, within the flood-prone area, that are – (a) specified in Part 1 of Schedule 2 ; and (b) indicated generally, on the maps in Part 2 of Schedule 2 , as areas bounded by thick black lines; Municipal Committee, for the municipal area of the Council, means the Municipal Committee established under the Emergency Management Act 2006 for the municipal area of the Council or for a combined area that includes that municipal area; owner, in relation to land, includes every person who, jointly or severally, whether at law or in equity – (a) is entitled to the land for any estate of freehold in possession; or (b) is entitled to receive, or receives, the rents and profits of the land, whether as beneficial owner, trustee, mortgagee in possession or otherwise; Planning Act means the Land Use Planning and Approvals Act 1993 ; planning authority has the same meaning as it has in the Planning Act; planning instrument means – (a) a planning scheme or special planning order; and (b) an amendment to a planning scheme or special planning order; planning interest notice means a notice, given under section 17(1) , that is in force; planning scheme has the same meaning as it has in the Planning Act; public land means – (a) Crown land; and (b) land that is owned by an instrumentality or agent of the Crown; and (c) Council land; Regional Controller means the Regional Controller, under the Emergency Management Act 2006 , for the region in which the flood-prone area is situated; representation has the same meaning as it has in the Planning Act; responsible person means – (a) a member of the Authority; and (b) an authorised officer; and (c) a delegate of the Authority; and (d) a delegate of the Council; and (e) a person on whom a requirement is imposed under section 27 ; and (f) a person authorised under section 14 to enter land; and (g) a person authorised under the Local Government Act 1993 to enter land for a purpose related to enabling the Council to perform its functions, or exercise its powers, under this Act; special planning order has the same meaning as it has in the Planning Act; State Controller has the same meaning as it has in the Emergency Management Act 2006 ; use has the same meaning as it has in the Planning Act.