{"id":"tas:act-2012-048","name":"Parliament Square Planning Permit Act 2012","slug":"parliament-square-planning-permit-act-2012","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"48 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31790,"registerId":"tas-act-2012-048-current","compilationNumber":null,"startDate":"2026-04-01","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 [Parliament Square Planning Permit Act 2012](/view/html/inforce/2026-04-12/act-2012-048) .","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> > ***affected land*** means the land comprised in folios of the Register volume 156768 folios 1 and 2 registered under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) ;\n> \n> > ***Authority*** means the Sullivans Cove Waterfront Authority established under the repealed Act;\n> \n> [*\\[Section 3 Amended by No. 35 of 2015, s. 4, Applied:13 Oct 2015\\]*](/view/html/inforce/2015-10-13/act-2015-035#GS4@Hpa@EN)\n> \n> > [*\\[Section 3 Amended by No. 35 of 2015, s. 4, Applied:13 Oct 2015\\]*](/view/html/inforce/2015-10-13/act-2015-035#GS4@Hpa@EN) ***development or use*** means a development, or use, within the meaning of the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) ;\n> \n> > [*\\[Section 3 Amended by No. 35 of 2015, s. 4, Applied:13 Oct 2015\\]*](/view/html/inforce/2015-10-13/act-2015-035#GS4@Hpa@EN) ***further permit*** means a permit (other than the planning permit), as amended, if at all, under section 56 of the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) , that is issued under that Act in respect of a substantially related development or use and is in effect;\n> \n> > ***Heritage Register*** means the Tasmanian Heritage Register kept under [Part 4 of the](/view/html/inforce/2026-04-12/act-1995-117#HP4@EN) [Historic Cultural Heritage Act 1995](/view/html/inforce/2026-04-12/act-1995-117) ;\n> \n> > ***place*** has the meaning given in [section 3 of the](/view/html/inforce/2026-04-12/act-1995-117#GS3@EN) [Historic Cultural Heritage Act 1995](/view/html/inforce/2026-04-12/act-1995-117) ;\n> \n> > [*\\[Section 3 Amended by No. 35 of 2015, s. 4, Applied:13 Oct 2015\\]*](/view/html/inforce/2015-10-13/act-2015-035#GS4@EN) ***planning permit*** means planning permit number PLN-10-00495-01, issued under the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) by the Authority, as amended, if at all, under section 56 of that Act;\n> \n> > [*\\[Section 3 Amended by No. 35 of 2015, s. 4, Applied:13 Oct 2015\\]*](/view/html/inforce/2015-10-13/act-2015-035#GS4@Hpd@EN) ***planning permit development*** means the project, the subject of the planning permit, known as \"Parliament Square\", and includes any development or use referred to in the planning permit;\n> \n> > ***relevant date*** means the date on which the Bill for this Act was first tabled in Parliament;\n> \n> > ***repealed Act*** means the [Sullivans Cove Waterfront Authority Act 2004](/view/html/inforce/2026-04-12/act-2004-060) ;\n> \n> > [*\\[Section 3 Amended by No. 35 of 2015, s. 4, Applied:13 Oct 2015\\]*](/view/html/inforce/2015-10-13/act-2015-035#GS4@Hpe@EN) ***specified person*** means a person, other than the applicant for the planning permit, who is a party at the relevant date to an appeal in respect of the planning permit that has not been finally determined as at the relevant date;\n> \n> > [*\\[Section 3 Amended by No. 35 of 2015, s. 4, Applied:13 Oct 2015\\]*](/view/html/inforce/2015-10-13/act-2015-035#GS4@Hpf@EN) ***substantially related development or use*** means –\n> > \n> > > > (a) any development or use on the affected land, other than the planning permit development; and\n> > > \n> > > > (b) any development or use, on land adjoining the affected land, that is substantially related to the planning permit development.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Act binds Crown","content":"### 4 Act binds Crown\n\n> This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Inconsistency","content":"### 5 Inconsistency\n\n> If any provisions of this Act are inconsistent with any provisions of any other Act, planning scheme, special planning order, interim order or any other instrument, the provisions of this Act prevail to the extent of the inconsistency.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Planning permit to take effect, &c.","content":"### 6 Planning permit to take effect, &c.\n\n> On the commencement of this Act –\n> \n> > > (a) the planning permit comes into effect as a permit that has taken effect for the purposes of the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) ; and\n> > \n> > > (b) all rights of appeal in relation to the planning permit are extinguished; and\n> > \n> > > (c) [*\\[Section 6 Amended by No. 35 of 2015, s. 5, Applied:13 Oct 2015\\]*](/view/html/inforce/2015-10-13/act-2015-035#GS5@EN) notwithstanding any other Act, planning scheme, special planning order, interim order or any other instrument, the planning permit development may proceed in accordance with, and subject to, the planning permit.","sortOrder":5},{"sectionNumber":"6A","sectionType":"section","heading":"Further permits","content":"### 6A Further permits\n\n> [*\\[Section 6A Inserted by No. 35 of 2015, s. 6, Applied:13 Oct 2015\\]*](/view/html/inforce/2015-10-13/act-2015-035#GS6@EN)\n> \n> > (1)  Nothing in this Act, or in any provision of the planning permit or of any further permit, is to be taken to prevent any of the following activities:\n> > \n> > > > (a) the making of an application under the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) for a permit in respect of a substantially related development or use;\n> > > \n> > > > (b) the issue under the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) of a permit in respect of a substantially related development or use;\n> > > \n> > > > (c) the carrying out of any substantially related development or use in accordance with, and subject to, any further permit.\n> \n> > (2)  [Subsection (1)](#GS6A@Gs1@EN) applies to an activity whether the activity occurs before or after the commencement of the *Parliament Square Planning Permit Amendment Act 2015*.\n> \n> > (3)  [Subsection (1)](#GS6A@Gs1@EN) applies to an activity whether or not the planning permit development, or any part of the planning permit development, is to be, is being, or has been, carried out.\n> \n> > (4)  For the purposes of this Act and any other Act –\n> > \n> > > > (a) the planning permit is taken not to include any reference to; and\n> > > \n> > > > (b) the planning permit development is taken not to include –\n> > \n> > any part of the planning permit development to the extent that the part is not capable of being carried out in accordance with, and subject to, the planning permit because any substantially related development or use has been, or is being, carried out in accordance with, and subject to, a further permit.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Approvals for purposes of planning permit or further permits","content":"### 7 Approvals for purposes of planning permit or further permits\n\n> > (1)  [*\\[Section 7 Subsection (1) amended by No. 35 of 2015, s. 7, Applied:13 Oct 2015\\]*](/view/html/inforce/2015-10-13/act-2015-035#GS7@Hpa@EN) Notwithstanding any other Act, the Minister is authorised to give any approval, consent or permission that is required by the planning permit or a further permit.\n> \n> > (2)  [*\\[Section 7 Subsection (2) amended by No. 35 of 2015, s. 7, Applied:13 Oct 2015\\]*](/view/html/inforce/2015-10-13/act-2015-035#GS7@Hpb@EN) Without limiting [subsection (1)](#GS7@Gs1@EN) , any reference in the planning permit or a further permit to the Chief Executive Officer of the Authority is taken to be a reference to the Minister.\n> \n> > (3)  [*\\[Section 7 Subsection (3) amended by No. 35 of 2015, s. 7, Applied:13 Oct 2015\\]*](/view/html/inforce/2015-10-13/act-2015-035#GS7@Hpc@EN) Subject to [subsection (2)](#GS7@Gs2@EN) , for the purposes of any Act, an approval, consent or permission given by the Minister under [subsection (1)](#GS7@Gs1@EN) takes effect as if the approval, consent or permission had been given by the person or body that was required to give that approval, consent or permission for the purposes of the planning permit or a further permit.\n> \n> > (4)  [*\\[Section 7 Subsection (4) amended by No. 35 of 2015, s. 7, Applied:13 Oct 2015\\]*](/view/html/inforce/2015-10-13/act-2015-035#GS7@Hpd@EN) A person or body that was required to give any approval, consent or permission pursuant to the planning permit or a further permit does not incur any liability because of anything done or omitted to be done by the Minister under [subsection (1)](#GS7@Gs1@EN) .","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Amendment of planning permit or further permit","content":"### 8 Amendment of planning permit or further permit\n\n> [*\\[Section 8 Amended by No. 35 of 2015, s. 8, Applied:13 Oct 2015\\]*](/view/html/inforce/2015-10-13/act-2015-035#GS8@EN) For the purposes of [section 56 of the](/view/html/inforce/2026-04-12/act-1993-070#GS56@EN) [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) , in relation to the planning permit and any further permit, the Minister –\n> \n> > > (a) is taken to be the planning authority; and\n> > \n> > > (b) may exercise the powers of a planning authority under that section.","sortOrder":8},{"sectionNumber":"8A","sectionType":"section","heading":"Minister may exclude part of affected or adjoining land from operation of Act","content":"### 8A Minister may exclude part of affected or adjoining land from operation of Act\n\n> [*\\[Section 8A Inserted by No. 35 of 2015, s. 9, Applied:13 Oct 2015\\]*](/view/html/inforce/2015-10-13/act-2015-035#GS9@EN)\n> \n> > (1)  The Minister, by order, may exclude from the operation of [sections 7](#GS7@EN) and [8](#GS8@EN) any part of the affected land or of the land adjoining the affected land.\n> \n> > (2)  The making of an order under [subsection (1)](#GS8A@Gs1@EN) in relation to a part of the affected land, or of the land adjoining the affected land, does not affect the validity of –\n> > \n> > > > (a) any approval, consent or permission that is required by the planning permit or a further permit and has been given by the Minister under [section 7](#GS7@EN) before the order comes into force; or\n> > > \n> > > > (b) the exercise, before the order comes into force, by the Minister of the powers of a planning authority under [section 56 of the](/view/html/inforce/2026-04-12/act-1993-070#GS56@EN) [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070)  –\n> > \n> > in relation to the planning permit, or a further permit, in relation to the part of the affected land, or of the land adjoining the affected land, to which the order relates.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Limitation of rights of appeal","content":"### 9 Limitation of rights of appeal\n\n> > (1)  Subject to [subsections (2)](#GS9@Gs2@EN) and [(3)](#GS9@Gs3@EN) and notwithstanding the provisions of any other Act –\n> > \n> > > > (a) a person is not entitled to appeal to a body or other person, court or tribunal; or\n> > > \n> > > > (b) no order or review may be made under the [Judicial Review Act 2000](/view/html/inforce/2026-04-12/act-2000-054) ; or\n> > > \n> > > > (c) no declaratory judgment may be given; or\n> > > \n> > > > (d) no other action or proceeding may be brought –\n> > \n> > in respect of anything done pursuant to [section 7(1)](#GS7@Gs1@EN) or [8](#GS8@EN) .\n> \n> > (2)  [Subsection (1)](#GS9@Gs1@EN) does not apply to any thing which has involved or has been affected by criminal conduct.\n> \n> > (3)  [Subsection (1)](#GS9@Gs1@EN) does not apply to a purchaser or an owner of any affected land.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Delegation","content":"### 10 Delegation\n\n> The Minister may delegate any of the Minister's functions or powers under this Act other than this power of delegation.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Appeal costs","content":"### 11 Appeal costs\n\n> The Crown in right of Tasmania is to reimburse to a specified person any legal costs and disbursements, including expert witness costs, reasonably incurred by that person before the relevant date in relation to any appeal under the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) in respect of the planning permit that has not been determined before the relevant date.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Heritage Register, &c.","content":"### 12 Heritage Register, &c.\n\n> > (1)  [*\\[Section 12 Subsection (1) amended by No. 35 of 2015, s. 10, Applied:13 Oct 2015\\]*](/view/html/inforce/2015-10-13/act-2015-035#GS10@EN) The Heritage Register is amended by permanently removing from that register any place, or part of a place, which is required to be destroyed or demolished to enable the planning permit development to be carried out in accordance with the planning permit.\n> \n> > (2)  A place, or part of a place, that is removed from the Heritage Register in accordance with [subsection (1)](#GS12@Gs1@EN) is not capable of being re-entered in that register, whether provisionally or permanently, unless the Minister has given his or her written consent to the making of that entry.\n> \n> > (3)  The Heritage Council must not make any order under the [Historic Cultural Heritage Act 1995](/view/html/inforce/2026-04-12/act-1995-117) in respect of a place, or part of a place, that is removed from the Heritage Register in accordance with [subsection (1)](#GS12@Gs1@EN) unless the Minister has given his or her written consent to the making of that order.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Regulations","content":"### 13 Regulations\n\n> > (1)  The Governor may make regulations for the purpose of this Act.\n> \n> > (2)  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 –\n> > \n> > > > (a) provide that a contravention of any of the regulations is an offence; and\n> > > \n> > > > (b) in respect of such an offence, provide for the imposition of a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.\n> \n> > (4)  The regulations may authorise any matter to be from time to time determined, applied or regulated by the Minister.\n> \n> > (5)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.\n> \n> > (6)  A provision referred to in [subsection (5)](#GS13@Gs5@EN) may take effect on and from the day on which this Act commences or a later day.","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Administration of Act","content":"### 14 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 Planning; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Treasury and Finance.","sortOrder":15}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The text as presented incorporates later amendments (noted in the instrument) that expand and clarify the Minister’s powers and the permit regime—including insertion of further‑permit rules (s6A), explicit Ministerial authority to grant approvals and act as planning authority (ss7, 8), a power to exclude parts of land from those Ministerial powers (s8A), permanent removal of heritage entries tied to the project (s12), and a Crown reimbursement obligation for pre‑existing appeal costs (s11). These amendments alter the original statutory scope by concentrating decision‑making and appeal removal in the Act and vesting significant discretion in the Minister."},"complexity_factors":["Overrides and precedence: the Act displaces inconsistent Acts, planning schemes and instruments (s5).","Immediate legal effect and appeal extinguishment: permit comes into effect on commencement and all rights of appeal are extinguished (s6).","Broad ministerial authority: Minister authorised to give any approval, consent or permission required by the planning permit or a further permit (s7(1)), and references to the Authority’s CEO are taken to be references to the Minister (s7(2)).","Minister as planning authority: for permit amendments under section 56 of the LU‑PAA, the Minister is taken to be the planning authority and may exercise planning authority powers (s8).","Further permits and interaction: statutory rules about making and giving further permits for substantially related development, and how parts of the planning permit are taken not to include parts precluded by further permits (s6A).","Ability to exclude parts of land: Minister may order that parts of the affected or adjoining land be excluded from the operation of the Minister’s approval/amendment powers (s8A).","Limits on judicial review and appeals: wide bar on appeals, reviews and declaratory relief in respect of ministerial actions under ss7–8, with narrow exceptions for criminal conduct and owners/purchasers (s9(1)–(3)).","Financial exposure: Crown obligation to reimburse specified persons’ reasonable legal costs and disbursements for appeals incurred before the relevant date (s11).","Heritage impacts and ministerial control: permanent removal of places required to be demolished from the Heritage Register, prohibition on re‑entry without Minister’s written consent, and restrictions on Heritage Council orders (s12).","Delegation and regulatory delegation: Minister may delegate most functions (s10); regulations may delegate matters to the Minister, create offences and penalties, and provide transitional/savings provisions (s13).","Concentrated scope by definition: detailed definitions focus operation on specified folios of land, the named planning permit and parties to pre‑existing appeals (s3).","Administrative assignment: initial administration assigned to the Minister for Planning and the Department of Treasury and Finance pending Administrative Arrangements orders (s14)."],"plain_english_summary":"This Act gives immediate legal effect to a specific planning permit for the Parliament Square project, extinguishes existing appeals, and enables the project and any substantially related development to proceed. It shifts key approval and amendment powers to the Minister, removes from the Heritage Register any places that must be demolished for the project, and requires the Crown to reimburse certain pre‑existing appeal costs. Who decides: the Minister. Who pays: the Crown. Behaviour change: related developments can be approved and built without further appeal."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2012 Act was already a targeted intervention for a single development. However, the 2015 amendments (Parliament Square Planning Permit Amendment Act 2015) significantly expanded the scope by: (1) adding the concept of 'further permits' for substantially related developments, effectively creating a broader planning framework around the original site; (2) inserting section 8A allowing the Minister to exclude parts of land from the Act's operation; and (3) extending the Minister's powers to cover these additional permits. What began as a one-off validation of a specific permit grew into a more flexible, ongoing ministerial power framework for a precinct-scale development."},"complexity_factors":["11 defined terms in the interpretation section, several cross-referencing other Acts","Multiple amendments incorporated from the 2015 amending Act (shown in editorial notes)","Nested conditional logic in section 6A regarding 'further permits' and their interaction with the main permit","Complex carve-outs and exceptions in section 9 (limitation of rights) with specific exclusions for criminal conduct and landowners","Retroactive and prospective application provisions (section 6A(2) applies to activities before or after the 2015 amendments)","Deeming provisions that reallocate statutory functions to the Minister (sections 7, 8)","Interaction with at least 5 other Acts: Land Use Planning and Approvals Act 1993, Historic Cultural Heritage Act 1995, Land Titles Act 1980, Judicial Review Act 2000, and the repealed Sullivans Cove Waterfront Authority Act 2004"],"plain_english_summary":"This is a Tasmanian law that fast-tracks a specific property development in Hobart called \"Parliament Square\" by overriding normal planning and heritage protection rules.\n\n**What it does:**\n- **Validates a planning permit** (PLN-10-00495-01) that was issued by the Sullivans Cove Waterfront Authority, making it legally effective immediately upon the Act becoming law.\n- **Kills off all appeals** against that permit, extinguishing any rights people had to challenge it in court or tribunals.\n- **Removes heritage protections** by automatically deleting any heritage-listed places or buildings from the Tasmanian Heritage Register if they need to be demolished for the project. These sites can never be re-listed without the Minister's written consent.\n- **Gives the Planning Minister super-powers**: The Minister can personally give any approvals, consents or permissions that would normally require sign-off from other government bodies or the old Waterfront Authority. The Minister also becomes the \"planning authority\" who can amend the permit.\n- **Protects the Minister's decisions from legal challenge**: You generally can't appeal, seek judicial review, or get a court declaration about anything the Minister does under this Act (with narrow exceptions for criminal conduct or if you're a landowner/purchaser).\n- **Allows related developments**: Other permits for developments connected to Parliament Square can still be applied for and approved under normal planning laws.\n- **Pays off certain appellants**: The government must reimburse legal costs for specific people who had already lodged appeals against the permit before this Bill was introduced.\n\n**Who it affects:**\n- The developer of Parliament Square (who gets certainty)\n- Anyone who wanted to appeal the planning permit (they're shut out)\n- Heritage advocates (heritage protections are stripped)\n- Tasmanian taxpayers (who foot the bill for the legal costs and any cost overruns from streamlined approvals)\n\n**Why it matters:**\nThis is a classic example of \"parliamentary intervention\" in planning disputes. Instead of letting the courts or planning tribunals decide whether the permit was validly issued, the Tasmanian Parliament passed a law saying \"this permit is valid, no arguments allowed.\" It prioritises economic development over procedural fairness and heritage conservation, and concentrates extraordinary power in the hands of one Minister."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained true to its original intent — granting a legislated planning permit for the Parliament Square precinct. No evidence of scope expansion or significant amendment is apparent from the version history provided."},"complexity_factors":["Intersects with broader Tasmanian planning law framework (Land Use Planning and Approvals Act 1993), requiring knowledge of that system to understand its significance","The legal mechanism of embedding a planning permit in statute is unusual and not immediately intuitive to laypeople","Narrow and site-specific scope makes it simple in structure, but the implications for third-party rights require some unpacking","Limited publicly available text in the excerpt makes full analysis of operative provisions difficult"],"plain_english_summary":"This Act grants a site-specific planning permit for the Parliament Square precinct in Hobart by embedding approval in law, bypassing the usual council application, objection and appeal processes. \n\nIt directly affects the project’s developers and investors, Hobart City Council, nearby residents and the Tasmanian public by removing normal appeal rights and giving the development statutory certainty that can only be changed by another Act of Parliament."}},"importantCases":[],"_links":{"self":"/api/acts/parliament-square-planning-permit-act-2012","history":"/api/acts/parliament-square-planning-permit-act-2012/history","analysis":"/api/acts/parliament-square-planning-permit-act-2012/analysis","conflicts":"/api/acts/parliament-square-planning-permit-act-2012/conflicts","importantCases":"/api/acts/parliament-square-planning-permit-act-2012/important-cases","documents":"/api/acts/parliament-square-planning-permit-act-2012/documents"}}