{"id":"tas:sr-2015-010","name":"Proclamation under the Land Use Planning and Approvals Amendment Act 2013","slug":"proclamation-under-the-land-use-planning-and-approvals-amendment-act-2013","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"10 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":186401,"registerId":"tas-tas:sr-2015-010-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Land Use Planning and Approvals Amendment Act 2013","content":"> Proclamation under the Land Use Planning and Approvals Amendment Act 2013\n\nI, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, by this my proclamation made under section 2 of the [Land Use Planning and Approvals Amendment Act 2013](/view/html/inforce/2026-04-12/act-2013-059) fix 1 April 2015 as the day on which sections 36, 37, 38 and 39 of that Act commence.\n\n16 March 2015\n\nC. WARNER\n\nGovernor\n\nBy Her Excellency's Command,\n\nPETER GUTWEIN\n\nMinister for Planning and Local Government\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 25 March 2015\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a standard commencement instrument performing exactly the function intended — bringing specific provisions into force. No scope creep."},"complexity_factors":["Single operative provision: fixes one commencement date for four specified sections","No defined terms, no cross-references to other legislation (except citation of the parent Act)","No conditional logic, exceptions, or substantive legal rules","Standard proclamation format — essentially a formal administrative notice","Total length: approximately 150 words of operative content"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings specific parts of a Tasmanian planning law into effect.\n\n**What it does:**\n- The Governor of Tasmania (acting on ministerial advice) has officially set **1 April 2015** as the date when **sections 36–39** of the *Land Use Planning and Approvals Amendment Act 2013* become law.\n\n**Why this matters:**\n- Laws passed by Parliament often don't start immediately. A **commencement proclamation** is the legal trigger that \"switches on\" particular sections.\n- Without this document, those four sections would remain inactive, even though Parliament already passed them in 2013.\n\n**Who it affects:**\n- Anyone dealing with Tasmanian land use planning — developers, local councils, property owners — needed to know these specific provisions took effect on 1 April 2015.\n\n**Key detail:**\n- Only **sections 36–39** are being activated here. Other parts of the 2013 Act may have started earlier, later, or automatically — this proclamation deals only with these four specific sections."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the substantive scope or wording of the Land Use Planning and Approvals Amendment Act 2013. It solely brings sections 36–39 into force on 1 April 2015 under the commencement power in s.2; any change in who is affected or what duties apply arises from those sections themselves, not from this proclamation."},"complexity_factors":["Administrative formality: the instrument purely fixes a commencement date under the power in s.2 of the Amendment Act (proclamation text).","Dependence on external content: the substantive legal effects depend entirely on the content of ss.36–39 of the Amendment Act, which are not reproduced here.","Timing and notice: legal force is triggered by a fixed date and Gazettal (notified in the Gazette on 25 March 2015), creating a clear temporal cutoff for obligations/enforcement.","Low drafting complexity: no amendments or substantive legal changes are made by the proclamation itself.","Limited executive discretion visible: the Governor acts with Executive Council advice and the Minister for Planning and Local Government is named.","Implementation risk concentrated in administrators and regulated parties: compliance burden and costs flow from the operative provisions of ss.36–39, not from this proclamation."],"plain_english_summary":"This proclamation, made under section 2 of the Land Use Planning and Approvals Amendment Act 2013, fixes 1 April 2015 as the day on which sections 36–39 of that Act commence. From that date those sections become legally operative and affect anyone bound by their provisions and the agencies that administer them (the proclamation names the Department of Justice and was notified in the Gazette on 25 March 2015). The proclamation does not change the text of the Act — it only brings specified provisions into force."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Currency of version / File last modified","severity":"medium","reasoning":"A document claiming currency to a 2026 access date while bearing a 2017 modification timestamp creates an internal tension. The Table of Amending Instruments hyperlink implies there are amendments to record, yet the file modification date suggests no update has occurred since 2017. Either the currency claim is misleading or the modification date is inaccurate.","confidence":0.7,"description":"The document states it is 'current from 25 March 2015 to date (accessed 5 April 2026 at 17:48)' yet simultaneously states 'File last modified 5 July 2017'. If the file was last modified in 2017, it cannot be genuinely 'current to date' in 2026 unless no amendments have occurred, yet the presence of a Table of Amending Instruments implies amendments exist."},{"type":"other","section":"Title / Enabling Act reference","severity":"high","reasoning":"Amending Acts modify principal Acts and typically have no ongoing operative provisions capable of supporting a continuing proclamation. If the proclamation's legal authority derives solely from the amending Act, its ongoing validity is logically questionable once the amendments are spent. The enabling power should ordinarily be traced back to the principal Act.","confidence":0.75,"description":"The proclamation purports to be made under the 'Land Use Planning and Approvals Amendment Act 2013', which is an amending Act. Proclamations are typically made under principal Acts, not amending Acts. An amending Act generally exhausts its operative effect upon commencement and does not ordinarily survive as a standing source of power for subordinate instruments."},{"type":"other","section":"Status Information — repeated headings throughout document","severity":"low","reasoning":"In a legal instrument, duplicated provisions or headings can create interpretive uncertainty. Courts apply the principle that no word in legislation is surplusage, meaning duplicate headings could theoretically be read as imposing obligations or conferring rights twice, or alternatively as rendering the entire instrument uncertain as to its operative structure.","confidence":0.6,"description":"Every heading in the document is duplicated verbatim (e.g., 'Status Information Status Information', 'Currency of version Currency of version', 'Authorisation Authorisation'). While likely a rendering or metadata error rather than a substantive legal flaw, if this is the authoritative version of the instrument, the duplication creates ambiguity about which instance of a heading or provision constitutes the operative text."},{"type":"retroactive_impossibility","section":"Currency of version","severity":"low","reasoning":"A document cannot self-referentially record its own future access as a current fact at time of drafting. While this is a metadata/system artefact, if this text constitutes the authoritative instrument, the temporal inconsistency undermines the reliability of the currency statement as a whole.","confidence":0.65,"description":"The legislation claims to have been accessed on '5 April 2026 at 17:48', a date that is in the future relative to any realistic drafting or review date for this analysis. This creates a temporal impossibility in the document's own internal metadata — it purports to record a future access event as a present fact."}],"contradictions":[{"severity":"medium","section_a":"Currency of version — 'current from 25 March 2015 to date (accessed 5 April 2026 at 17:48)'","section_b":"Authorisation — 'File last modified 5 July 2017'","confidence":0.72,"description":"The currency statement asserts the instrument is current through to April 2026, implying ongoing maintenance and accuracy, while the authorisation block states the file was last modified in July 2017. These two statements are irreconcilable: a file not modified since 2017 cannot self-evidently be confirmed current to 2026 without some explanatory mechanism, particularly where a Table of Amending Instruments is referenced."},{"severity":"medium","section_a":"Table of Amending Instruments — hyperlink to amendments table present","section_b":"Authorisation — 'File last modified 5 July 2017'","confidence":0.65,"description":"The existence of a clickable Table of Amending Instruments implies the instrument has been amended at some point. However, if the file was last modified on 5 July 2017, any amendments occurring after that date would not be reflected in the file, contradicting the implicit representation that the Table of Amending Instruments is complete and current."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A proclamation of this type is purely mechanical — its sole purpose is to activate provisions already contained in the parent Act. It does not expand or narrow the scope of the original legislation; it simply sets the commencement date."},"complexity_factors":["Minimal substantive content — this is a procedural instrument only, not a detailed set of rules","Requires cross-referencing the parent Amendment Act (2013) to understand real-world impact","Standard proclamation format with no conditional clauses or complex legal mechanisms","The document provided appears to have rendering/formatting issues, obscuring any additional detail"],"plain_english_summary":"This Proclamation by the Governor of Tasmania sets 25 March 2015 as the commencement date for provisions of the Land Use Planning and Approvals Amendment Act 2013. It activates changes to Tasmania’s planning and development approvals framework.\n\nIt affects property owners, developers, local councils, and planning professionals because, from that date, the amended planning rules legally apply — the formal “on” switch for the Act."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-land-use-planning-and-approvals-amendment-act-2013","history":"/api/acts/proclamation-under-the-land-use-planning-and-approvals-amendment-act-2013/history","analysis":"/api/acts/proclamation-under-the-land-use-planning-and-approvals-amendment-act-2013/analysis","conflicts":"/api/acts/proclamation-under-the-land-use-planning-and-approvals-amendment-act-2013/conflicts","importantCases":"/api/acts/proclamation-under-the-land-use-planning-and-approvals-amendment-act-2013/important-cases","documents":"/api/acts/proclamation-under-the-land-use-planning-and-approvals-amendment-act-2013/documents"}}