{"id":"tas:act-2017-043","name":"Cable Car (kunanyi/Mount Wellington) Facilitation Act 2017","slug":"cable-car-kunanyi-mount-wellington-facilitation-act-2017","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"43 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176802,"registerId":"tas-tas:act-2017-043-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Cable Car (kunanyi/Mount Wellington) Facilitation Act 2017](/view/html/inforce/2026-04-12/act-2017-043) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on the day on which this Act receives the Royal Assent.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***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***](#GS3@Nd73201739458@Hpa@EN) ;\n> \n> > ***compensable loss*** means –\n> > \n> > > > (a) damage to the surface of land; or\n> > > \n> > > > (b) damage to crops, trees, grasses, fruit, vegetables or other vegetation; or\n> > > \n> > > > (c) damage to buildings, structures, works or objects; or\n> > > \n> > > > (d) damage to any improvement on land; or\n> > > \n> > > > (e) loss of opportunity to make any planned improvement on land; or\n> > > \n> > > > (f) deprivation of possession or use of the whole or part of the surface of land; or\n> > > \n> > > > (g) severance of land from other land owned or occupied by the person claiming compensable loss; or\n> > > \n> > > > (h) destruction or loss of, or injury to, disturbance of, or interference with, stock; or\n> > > \n> > > > (i) loss of amenity, including recreation and conservation values; or\n> > > \n> > > > (j) any decrease in the market value of a person's interest in land; or\n> > > \n> > > > (k) the cost of rehabilitation or remediation of land;\n> \n> > ***land*** has the same meaning as in the [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) ;\n> \n> > ***project*** means all or part of a project consisting of –\n> > \n> > > > (a) the construction of facilities necessary for the operation of one or more cable cars, including –\n> > > > \n> > > > > > (i) terminals for the purposes of such cable cars; and\n> > > > > \n> > > > > > (ii) towers, and a cableway between the towers, for the purposes of such cable cars; and\n> > > \n> > > > (b) the construction of facilities related to the operation or use of such cable cars; and\n> > > \n> > > > (c) the use of any facilities, or cable cars, referred to in paragraph (a) or (b) –\n> > \n> > and includes other developments and uses forming part of that project;\n> \n> > ***project land*** means –\n> > \n> > > > (a) land that is –\n> > > > \n> > > > > > (i) within Wellington Park; and\n> > > > > \n> > > > > > (ii) owned by a council; and\n> > > > > \n> > > > > > (iii) required for the purposes of a project; and\n> > > \n> > > > (b) any airspace to which an aerial easement relates;\n> \n> > ***proponent*** means a person that wishes to undertake all or part of a project;\n> \n> > ***public land*** has the same meaning as in [section 4 of the](/view/html/inforce/2026-04-12/act-1991-042#GS4@EN) [Public Land (Administration and Forests) Act 1991](/view/html/inforce/2026-04-12/act-1991-042) ;\n> \n> > ***Wellington Park*** has the same meaning as in the [Wellington Park Act 1993](/view/html/inforce/2026-04-12/act-1993-059) ;\n> \n> > ***Wellington Park Management Trust*** means the Wellington Park Management Trust established under [section 9 of the](/view/html/inforce/2026-04-12/act-1993-059#GS9@EN) [Wellington Park Act 1993](/view/html/inforce/2026-04-12/act-1993-059) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Planning permits","content":"### 4 Planning permits\n\n> [Section 52(1B) of the](/view/html/inforce/2026-04-12/act-1993-070#GS52@Gs1B@EN) [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) does not apply in relation to an application under that Act in relation to a project.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Application of certain provisions of  Land Acquisition Act 1993  for purposes of project","content":"### 5 Application of certain provisions of  Land Acquisition Act 1993  for purposes of project\n\n> > (1)  [Part 1A of the](/view/html/inforce/2026-04-12/act-1993-023#HP1A@EN) [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) , and any other provision of that Act that is relevant to the operation of that Part, applies in relation to project land as if any structure, facility, or work, relating to a project were infrastructure for the purposes of Part 1A of the [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) .\n> \n> > (2)  Despite [subsection (1)](#GS5@Gs1@EN) , [section 7C(1)(b) of the](/view/html/inforce/2026-04-12/act-1993-023#GS7C@Gs1@Hpb@EN) [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) does not apply in relation to project land.\n> \n> > (3)  Despite [subsection (1)](#GS5@Gs1@EN) and [section 7D(2)(f) of the](/view/html/inforce/2026-04-12/act-1993-023#GS7D@Gs2@Hpf@EN) [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) , an order made under [section 7B(2) of the](/view/html/inforce/2026-04-12/act-1993-023#GS7B@Gs2@EN) [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) may not authorise the sale by the Crown of any project land that is proposed to be acquired under that Act for the purposes of a project.\n> \n> > (4)  A reference in the [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) to land or an easement is to be taken, so far as is necessary for the purposes of the application of [Part 1A](/view/html/inforce/2026-04-12/act-1993-023#HP1A@EN) of that Act to project land, to include, but is not limited to including, a reference to –\n> > \n> > > > (a) an aerial easement; and\n> > > \n> > > > (b) an easement that enables persons, together with any vehicles, machinery and equipment, to enter and exit project land.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Certain project land remains part of Wellington Park","content":"### 6 Certain project land remains part of Wellington Park\n\n> The acquisition, under [Part 1A of the](/view/html/inforce/2026-04-12/act-1993-023#HP1A@EN) [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) as applied by [section 5](#GS5@EN) , for the purposes of a project, of project land is not to be taken to have the effect that any of that project land ceases to be part of Wellington Park.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Authority to enter land, &c.","content":"### 7 Authority to enter land, &c.\n\n> > (1)  The Minister may, in writing, grant to a proponent, under this subsection, an authority for the proponent, and persons acting on behalf of the proponent, to –\n> > \n> > > > (a) enter public land; and\n> > > \n> > > > (b) carry out on the land activities, including testing, that are reasonably required to be carried out by or on behalf of the proponent for the purposes of enabling an application under the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) for a permit, in relation to a project, to be made by the proponent.\n> \n> > (2)  The Minister must consult with the Wellington Park Management Trust before granting an authority under [subsection (1)](#GS7@Gs1@EN) in relation to land that is within Wellington Park.\n> \n> > (3)  If the land to which an authority under [subsection (1)](#GS7@Gs1@EN) relates is not vested in the Crown, the Minister, before granting the authority, is to notify the person or body in whom or which the land is vested.\n> \n> > (4)  An authority granted under [subsection (1)](#GS7@Gs1@EN) is subject to the terms and conditions specified in the authority.\n> \n> > (5)  Despite the [Wellington Park Act 1993](/view/html/inforce/2026-04-12/act-1993-059) and the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) , the proponent to whom an authority is granted under [subsection (1)](#GS7@Gs1@EN) , and persons acting on behalf of the proponent, may, under and in accordance with the authority –\n> > \n> > > > (a) enter and remain on the land to which the authority relates, together with any vehicles, machinery and equipment necessary for carrying out activities referred to in that subsection, for the purpose of carrying out such activities; and\n> > > \n> > > > (b) carry out on the land activities referred to in that subsection.\n> \n> > (6)  The Minister may revoke an authority under [subsection (1)](#GS7@Gs1@EN) by notice in writing to the proponent to whom the authority was granted.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Payment of compensation for certain losses","content":"### 8 Payment of compensation for certain losses\n\n> > (1)  A proponent, or a person acting on behalf of a proponent, must not –\n> > \n> > > > (a) in the exercise of any rights under an authority under [section 7(1)](#GS7@Gs1@EN) ; or\n> > > \n> > > > (b) by an act or omission on land to which an authority under [section 7(1)](#GS7@Gs1@EN) relates –\n> > \n> > cause a person to suffer, or to be likely to suffer, compensable loss.\n> \n> > (2)  A person who suffers, or is likely to suffer, compensable loss because of a breach of [subsection (1)](#GS8@Gs1@EN) by a proponent or a person acting on behalf of a proponent is entitled to receive from the proponent an amount of compensation sufficient to compensate the person for the compensable loss.\n> \n> > (3)  A person to whom an amount of compensation is payable in accordance with [subsection (2)](#GS8@Gs2@EN) may claim the amount in a court of competent jurisdiction.\n> \n> > (4)  A reference in this section to an amount of compensation sufficient to compensate a person for compensable loss does not include so much of the amount as has been incurred, or is likely to be incurred, by a failure of the person to mitigate the loss.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Regulations","content":"### 9 Regulations\n\n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  The regulations may be made so as to apply differently according to such factors as are specified in the regulations.\n> \n> > (3)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Administration of Act","content":"### 10 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for State Growth; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of State Growth.","sortOrder":9}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of facilitating a cable car project on kunanyi/Mount Wellington. All provisions directly serve this specific infrastructure goal—streamlining planning, enabling land acquisition, providing site access, and establishing compensation frameworks. There is no evidence of scope creep into broader planning or infrastructure matters."},"complexity_factors":["11 defined terms in the interpretation section, several cross-referencing other Acts (Land Acquisition Act 1993, Wellington Park Act 1993, Public Land Act 1991)","Nested conditional logic in section 5 with multiple 'despite' subsections creating exceptions to the main rule","Complex cross-referencing: applies Part 1A of Land Acquisition Act 1993 while specifically excluding certain subsections (7C(1)(b)) and modifying others (7D(2)(f))","Broad definition of 'compensable loss' with 11 distinct categories (a) through (k) including subjective elements like 'loss of amenity'","Conditional entry powers in section 7 requiring ministerial consultation with Wellington Park Management Trust and notification to landholders","Mitigation of loss clause in section 8(4) creating a conditional limitation on compensation rights"],"plain_english_summary":"This Tasmanian law makes it easier to build a cable car on kunanyi/Mount Wellington by cutting through red tape and giving the project special powers.\n\n**What it does:**\n- **Bypasses normal planning rules**: Section 4 removes a usual planning requirement (Section 52(1B) of the Land Use Planning and Approvals Act 1993) for cable car permit applications.\n- **Fast-tracks land acquisition**: It applies special \"infrastructure\" land acquisition rules to the project, making it easier for the government to acquire land and aerial easements (rights to use airspace above land) for the cable car. However, the Crown cannot sell off acquired project land.\n- **Keeps land in Wellington Park**: Even if land is acquired for the cable car, it stays part of Wellington Park.\n- **Allows early site access**: The Minister can grant cable car developers authority to enter public land (including Wellington Park) to conduct testing and surveys before formal planning approval, overriding normal park and planning laws.\n- **Protects landholders**: Developers must pay compensation for damage caused during this early access, covering things like crop damage, loss of land value, loss of recreational use, and rehabilitation costs.\n\n**Who it affects:**\n- Cable car developers (\"proponents\")\n- Landowners and occupiers near the proposed cable car route\n- The Wellington Park Management Trust\n- The Tasmanian Government (Department of State Growth)\n\n**Why it matters:**\nThis is a \"facilitation\" law—it exists to smooth the path for a specific controversial infrastructure project by overriding normal environmental and planning safeguards. It balances streamlined development with compensation rights for affected parties."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act changes the scope of existing law by (a) exempting applications from a planning‑permit rule under the Land Use Planning and Approvals Act (s4); (b) applying Part 1A of the Land Acquisition Act to project land and treating project structures as infrastructure while carving out specific exceptions to that Part (s5(1)–(3)); and (c) preserving acquired project land as part of Wellington Park (s6). These modifications alter who may acquire rights, how acquisition operates, and which procedural rules apply."},"complexity_factors":["Extensive cross‑references to other Acts (Land Acquisition Act 1993, Land Use Planning and Approvals Act 1993, Wellington Park Act 1993) increasing interpretive load (ss4–6)","Defined technical concepts (project, project land, aerial easement, compensable loss) create dense entitlement and liability triggers (s3)","Selective application and exceptions to Part 1A of the Land Acquisition Act (s5(1)–(3)) require careful statutory reconciliation","Ministerial discretion to grant, condition and revoke access authorities with a consultation requirement (s7(1)–(6)) introduces administrative decision points","Compensation regime tied to a broad list of \"compensable loss\" items and mitigation reduction (s8(1)–(4)) creates factual and valuation complexity","Interaction between entry powers, works on public land and existing planning rules (s4, s7, s5) raises practical compliance and permitting questions","Regulatory delegation and differential application permitted (s9) can produce variable obligations and transitional rules","Preservation of park status despite acquisition imposes layered tenure and management obligations (s6)"],"plain_english_summary":"This Act clears legal obstacles to building and operating cable‑car projects on specified Wellington Park land by changing planning and land‑acquisition rules. It lets proponents obtain ministerial authorities to enter public land for surveys and works, treats project works as 'infrastructure' for compulsory acquisition, and keeps acquired project land as part of Wellington Park.\n\nThe Minister decides on entry authorities (s7); proponents must pay compensation for defined \"compensable loss\" caused by entry or works (s8); s4 removes a planning‑permit rule and s5 adapts Land Acquisition Act application."},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to remain focused on its original stated purpose: facilitating a cable car on kunanyi/Mount Wellington. No amendments are noted that would suggest scope creep or significant change from the original intent. However, the absence of project realisation despite nearly a decade on the books may indicate the facilitation framework has broader or more complex application conditions than originally anticipated."},"complexity_factors":["Interaction with multiple existing Tasmanian planning, environmental, and land management laws that the Act modifies or overrides","Dual cultural/heritage significance of the site (Aboriginal name recognition, reserve status) adds layers of legal sensitivity","Facilitation-style legislation that creates custom regulatory pathways rather than simply amending a single existing law","Limited text available for analysis — the full operative provisions (definitions, specific approvals, exemptions) are not reproduced here, creating uncertainty about full scope","Potential constitutional considerations around Crown land and reserved land use","Long period between enactment (2017) and present without apparent amendments, suggesting either dormancy or complexity in implementation"],"plain_english_summary":"The Cable Car (kunanyi/Mount Wellington) Facilitation Act 2017 is a Tasmanian law that clears a streamlined legal pathway for building and operating a cable car to the mountain summit by cutting through usual planning and regulatory hurdles. It primarily affects developers, local communities, Aboriginal Tasmanian interests, visitors, and environmental stakeholders because it reduces normal assessment and objection processes for a high‑profile, protected landscape.  \n\nThe Act creates the framework enabling the project but does not itself guarantee the cable car will be built."}},"importantCases":[],"_links":{"self":"/api/acts/cable-car-kunanyi-mount-wellington-facilitation-act-2017","history":"/api/acts/cable-car-kunanyi-mount-wellington-facilitation-act-2017/history","analysis":"/api/acts/cable-car-kunanyi-mount-wellington-facilitation-act-2017/analysis","conflicts":"/api/acts/cable-car-kunanyi-mount-wellington-facilitation-act-2017/conflicts","importantCases":"/api/acts/cable-car-kunanyi-mount-wellington-facilitation-act-2017/important-cases","documents":"/api/acts/cable-car-kunanyi-mount-wellington-facilitation-act-2017/documents"}}