{"id":"tas:sr-2023-017","name":"Proclamation under the Land Use Planning and Approvals Amendment Act 2022","slug":"proclamation-under-the-land-use-planning-and-approvals-amendment-act-2022","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"17 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179215,"registerId":"tas-tas:sr-2023-017-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 2022","content":"> Proclamation under the Land Use Planning and Approvals Amendment Act 2022\n\nI, the Lieutenant-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](/view/html/inforce/2026-04-12/act-2022-033#GS2@EN) [Land Use Planning and Approvals Amendment Act 2022](/view/html/inforce/2026-04-12/act-2022-033) fix 17 May 2023 as the day on which the provisions of that Act commence.\n\n8 May 2023\n\nA. M. BLOW\n\nLieutenant-Governor\n\nBy His Excellency's Command,\n\nMICHAEL DARREL JOSEPH FERGUSON\n\nMinister for Planning\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 17 May 2023\n\nThis proclamation is administered in the Department of Premier and Cabinet.","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 an Act into force on a specified date. No scope creep."},"complexity_factors":["Single operative provision: fixes one commencement date","No defined terms","No cross-references to other legislation (except citation of the parent Act)","No conditional logic or exceptions","Standard proclamation format — essentially a template with blanks filled in"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings a law into effect.\n\n**What it does:**\n- Sets **17 May 2023** as the date when the *Land Use Planning and Approvals Amendment Act 2022* (Tasmania) starts operating.\n\n**Who is involved:**\n- The **Lieutenant-Governor** (the Governor's deputy) issued the proclamation on advice from the **Executive Council** (the formal body of senior ministers).\n- The **Minister for Planning** (Michael Ferguson) authorised it.\n\n**Why it matters:**\n- Laws passed by Parliament don't automatically take effect. Someone must formally \"turn them on.\" This document does exactly that — it activates the planning law amendments so they become legally binding.\n- Without this proclamation, the 2022 amendments would remain dormant on the statute books."},"issue_detection":{"absurdities":[{"type":"other","section":"Currency of version / Status Information","severity":"low","reasoning":"The coexistence of a Table of Amending Instruments (implying amendments have been made) with a single unbroken version period from 17 May 2023 is internally inconsistent. Either amendments exist — in which case the version currency should reflect superseded versions — or the Table of Amending Instruments is empty and its inclusion is misleading. Minor but logically untidy.","confidence":0.62,"description":"The document states it was 'accessed 5 April 2026 at 14:35' but the 'File last modified 17 May 2023' and 'Version current from 17 May 2023 to date'. If the access date of 5 April 2026 is accurate, the legislation has purportedly remained unmodified and current for nearly three years with no amendments recorded, yet the Table of Amending Instruments link implies amendments exist."},{"type":"impossible_compliance","section":"Structure / Entire Document","severity":"high","reasoning":"A proclamation that proclaims nothing cannot discharge its statutory function. If the Land Use Planning and Approvals Amendment Act 2022 requires commencement by proclamation, a proclamation instrument with no operative clause identifying which provisions commence and on what date fails to legally commence anything. Compliance with the parent Act's commencement mechanism is therefore impossible on the face of this document.","confidence":0.85,"description":"The proclamation document contains no operative provisions whatsoever. A proclamation under an amending Act typically serves to bring provisions into force on a specified date. This document contains only metadata, status information, and navigation elements — rendering it legally inoperative as a proclamation."},{"type":"other","section":"Title / Header","severity":"low","reasoning":"While likely a publication/formatting error rather than a drafting flaw, the inconsistency between the full and truncated title across heading levels means the document's own formal name is unclear on its face. For a proclamation, which derives its authority partly from precise identification of the parent Act, this is a non-trivial presentational defect.","confidence":0.9,"description":"The document title appears four times in two variant forms: 'Proclamation under the Land Use Planning and Approvals Amendment Act 2022' and the truncated 'Proclamation under the Land Us'. The truncated form appears to be a rendering error repeated across multiple heading levels, creating ambiguity about the instrument's formal title."},{"type":"other","section":"Status Information (entire section)","severity":"medium","reasoning":"Systematic duplication of every element within the Status Information block is not a stylistic choice — it indicates a rendering or publication failure. For a legislative instrument that must be certain and unambiguous in its terms, a corrupted published form raises questions about whether the authoritative version has been accurately reproduced, potentially affecting legal certainty.","confidence":0.95,"description":"Every heading and substantive element in the Status Information section is duplicated verbatim, including subsection headings appearing twice consecutively (e.g., 'Currency of version Currency of version', 'Authorisation Authorisation'). This structural duplication has no legal function and suggests the document as published is corrupted."}],"contradictions":[{"severity":"low","section_a":"Table of Amending Instruments (hyperlink present)","section_b":"File last modified 17 May 2023 / Version current from 17 May 2023 to date","confidence":0.65,"description":"The document provides a clickable Table of Amending Instruments, which conventionally exists to record instruments that have amended this proclamation. However, the version information asserts a single unbroken version from 17 May 2023 with no subsequent modification date. If amendments exist, multiple version periods should appear; if no amendments exist, the Table of Amending Instruments link is misleading."},{"severity":"high","section_a":"Title: 'Proclamation under the Land Use Planning and Approvals Amendment Act 2022'","section_b":"Body: No operative commencement clause present","confidence":0.88,"description":"The instrument purports by its title to be a proclamation under a specific Act — a legal instrument with operative legal effect commencing provisions on a date certain. Yet the body contains no operative legal content. The title and the substance of the document directly contradict each other as to the document's legal character."}]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the Act's substantive content or scope; it only fixes the date the Act commences (17 May 2023). Any change to who is covered or what the law requires would come from the Act itself, not this proclamation; the proclamation's practical effect is limited to timing."},"complexity_factors":["Single, clear legal effect: fixes a commencement date (17 May 2023) under section 2 of the Act (source: proclamation text).","No substantive amendments or policy changes contained in the proclamation itself.","Decision-maker identified: Lieutenant‑Governor acting with the advice of the Executive Council — limited discretion in this instrument.","Temporal legal effect only; primary effects depend on the underlying Act's content rather than the proclamation.","Low compliance and administrative burden for regulated parties, but creates timing certainty for when obligations and rights under the Act begin.","Formality and publication: displayed/numbered under Rules Publication Act 1953 and notified in the Gazette; administered by the Department of Premier and Cabinet (source: proclamation text)."],"plain_english_summary":"This proclamation brings the Land Use Planning and Approvals Amendment Act 2022 into force on 17 May 2023. It was made by the Lieutenant‑Governor on the advice of the Executive Council.\n\nIt affects anyone subject to that Act — government planning agencies, local councils, developers and landowners — by making the Act's provisions legally operative from that date."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A Proclamation is a narrow, purely administrative instrument used to commence legislation. It does not alter or expand the scope of the underlying Act — it simply activates it. No scope change is evident or possible from this type of instrument."},"complexity_factors":["The document itself is purely procedural — it is a commencement proclamation, not substantive legislation","Very limited content provided; mostly website metadata and status information","The underlying Act (Land Use Planning and Approvals Amendment Act 2022) would be more complex, but its provisions are not reproduced here","Planning law in Tasmania can be technically complex, but this document does not engage with that complexity directly"],"plain_english_summary":"This Proclamation switches into force parts of the Land Use Planning and Approvals Amendment Act 2022 in Tasmania, making the Act’s planning and development rule changes legally effective from 17 May 2023. It primarily affects property developers, builders, landowners, local councils, and planning authorities who deal with land-use approvals.\n\nThe document itself is administrative and provides status only; it doesn’t set out the Act’s substantive changes."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-land-use-planning-and-approvals-amendment-act-2022","history":"/api/acts/proclamation-under-the-land-use-planning-and-approvals-amendment-act-2022/history","analysis":"/api/acts/proclamation-under-the-land-use-planning-and-approvals-amendment-act-2022/analysis","conflicts":"/api/acts/proclamation-under-the-land-use-planning-and-approvals-amendment-act-2022/conflicts","importantCases":"/api/acts/proclamation-under-the-land-use-planning-and-approvals-amendment-act-2022/important-cases","documents":"/api/acts/proclamation-under-the-land-use-planning-and-approvals-amendment-act-2022/documents"}}