{"id":"tas:act-2007-004","name":"Pulp Mill Assessment Act 2007","slug":"pulp-mill-assessment-act-2007","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"4 of 2007","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176901,"registerId":"tas-tas:act-2007-004-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 [Pulp Mill Assessment Act 2007](/view/html/inforce/2026-04-12/act-2007-004) .","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> > (1)  In this Act, unless the contrary intention appears –\n> > \n> > > ***consultant*** means the consultant appointed by the Minister under [section 4(1)](#GS4@Gs1@EN) ;\n> > \n> > > ***guidelines*** means the Recommended Environmental Emission Limit Guidelines for any new Bleached Eucalypt Kraft Pulp Mill in Tasmania prepared by the Resource Planning and Development Commission on behalf of the Government dated August 2004, a copy of which is set out in [Schedule 1](#JS1@EN) ;\n> > \n> > > ***project*** means the project declared by the Administrator to be a project of State significance on 22 November 2004 in Statutory Rules 2004, No. 111, being the proposal by Gunns Limited (ACN 009 478 148), as amended, for the development and operation of a bleached kraft pulp mill in northern Tasmania including any use or development which is necessary or convenient for the implementation of the project, including but not limited to the development and operation of any facility or infrastructure for –\n> > > \n> > > > > (a) the supply or distribution of energy to or from the mill; and\n> > > > \n> > > > > (b) the collection, treatment or supply of water; and\n> > > > \n> > > > > (c) the treatment, disposal or storage of waste or effluent; and\n> > > > \n> > > > > (d) access to or from the mill; and\n> > > > \n> > > > > (e) transport to or from the mill; and\n> > > > \n> > > > > (f) the storage of pulp at, or transport of pulp from, a sea port in the northern region or the north-western region; and\n> > > > \n> > > > > (g) the production of materials for use in association with the operation of the mill;\n> > \n> > > ***Pulp Mill Permit*** means the permit prepared by the Minister under [section 6(8)](#GS6@Gs8@EN) ;\n> > \n> > > ***relevant person*** means a person or body, including a State Service Agency, that, in the opinion of the Minister, would, if this Act had not been enacted, be responsible for issuing or regulating a permit, licence or approval for, or regulating an action relating to, the project.\n> \n> > (2)  Unless the contrary intention appears, an expression used in this Act has the same meaning as it has in the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Assessment against guidelines","content":"### 4 Assessment against guidelines\n\n> > (1)  The Minister is to appoint a consultant to undertake an assessment of the project, subject to [subsection (2)](#GS4@Gs2@EN) , against the guidelines.\n> \n> > (2)  In undertaking an assessment under [subsection (1)](#GS4@Gs1@EN) , the consultant must take into account –\n> > \n> > > > (a) developments in pulping technology and techniques that have occurred since August 2004; and\n> > > \n> > > > (b) current best available technology and environmental emission limits for a bleached kraft pulp mill processing both pine and eucalypt; and\n> > > \n> > > > (c) the documents received by or prepared for the Resource Planning and Development Commission for the purposes of its assessment of the project under the [State Policies and Projects Act 1993](/view/html/inforce/2026-04-12/act-1993-065) including, but not limited to, the information provided by Gunns Limited (ACN 009 478 148) to the Resource Planning and Development Commission in response to the *Final Scope Guidelines for the Integrated Impact Statement – Proposed Bleached Kraft Pulp Mill in Northern Tasmania as proposed by Gunns Limited*.\n> \n> > (3)  After undertaking an assessment of the project under [subsection (1)](#GS4@Gs1@EN) , the consultant is to report to the Minister, based on that assessment, that –\n> > \n> > > > (a) the project should proceed; or\n> > > \n> > > > (b) the project should not proceed.\n> \n> > (4)  If the consultant reports to the Minister that the project should proceed, the consultant is, in his or her report, to –\n> > \n> > > > (a) state whether or not the project complies with the guidelines; and\n> > > \n> > > > (b) provide reasons as to why the project should proceed; and\n> > > \n> > > > (c) recommend matters to be considered in the conditions that should apply to the project.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Information to be provided","content":"### 5 Information to be provided\n\n> The Resource Planning and Development Commission must, on the request of the consultant or the Minister, make available to the consultant or Minister any documents received by or prepared for the Resource Planning and Development Commission for the purposes of its assessment of the project under the [State Policies and Projects Act 1993](/view/html/inforce/2026-04-12/act-1993-065) .","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Assessment by relevant persons","content":"### 6 Assessment by relevant persons\n\n> > (1)  The Minister must request relevant persons to make a recommendation as to the conditions, if any, that should apply to the project.\n> \n> > (2)  On receipt of a request, a relevant person must undertake an assessment of the conditions, if any, that should apply to the project.\n> \n> > (3)  In undertaking an assessment, a relevant person must take account of the report of the consultant referred to in [section 4(3)](#GS4@Gs3@EN) .\n> \n> > (4)  A relevant person must make a recommendation, as to the conditions that should apply to the project, to the Minister by such date as the Minister determines.\n> \n> > (5)  A relevant person may only make a recommendation that involves or requires the issuing or regulation of a permit, licence or approval, or the regulation of an action, for which the relevant person would have been responsible if this Act, except for [section 13](#GS13@EN) , had not been enacted.\n> \n> > (6)  Subject to [subsection (5)](#GS6@Gs5@EN) , a relevant person may recommend a condition that requires the person proposing the project to apply for such other permits, licences or other approvals as may be necessary for the project.\n> \n> > (7)  If a relevant person recommends conditions that should apply to the project, the relevant person must specify –\n> > \n> > > > (a) those conditions; and\n> > > \n> > > > (b) the Act, if any, pursuant to which, and the permit, licence or other approval in which, each condition would normally be imposed; and\n> > > \n> > > > (c) the person, body or State Service Agency responsible for the enforcement of each condition.\n> \n> > (8)  The Minister is to prepare a permit, to be called the \"Pulp Mill Permit\", containing the substance of the conditions recommended by a relevant person under [subsection (4)](#GS6@Gs4@EN) and other matters specified under [subsection (7)](#GS6@Gs7@EN) .\n> \n> > (9)  The Minister must cause the report of the consultant and the Pulp Mill Permit to be laid before each House of Parliament by no later than 31 August 2007.\n> \n> > (10)  The Minister may table in each House of Parliament any other report that in the Minister's opinion is relevant to the project at the same time as the Minister causes the report and Pulp Mill Permit to be tabled under [subsection (9)](#GS6@Gs9@EN) .","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Approval of project","content":"### 7 Approval of project\n\n> > (1)  The project is approved if –\n> > \n> > > > (a) the consultant reports to the Minister under [section 4(3)](#GS4@Gs3@EN) that the project should proceed; and\n> > > \n> > > > (b) each House of Parliament, by resolution, accepts the Pulp Mill Permit.\n> \n> > (2)  Each House of Parliament, by resolution, is to accept or reject the Pulp Mill Permit within 5 sitting-days from the day on which it is laid before the House.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Effect of approval","content":"### 8 Effect of approval\n\n> > (1)  If the project is approved under [section 7](#GS7@EN)  –\n> > \n> > > > (a) the Pulp Mill Permit comes into effect; and\n> > > \n> > > > (b) notwithstanding any other Act, the project may proceed on the conditions specified in the Pulp Mill Permit; and\n> > > \n> > > > (c) a permit, licence or other approval is taken to have been issued under the Act specified in the Pulp Mill Permit in relation to each condition and that Act applies as if such a permit, licence or other approval had been issued on the conditions set out in the Pulp Mill Permit in relation to that Act; and\n> > > \n> > > > (d) the person, body or State Service Agency responsible for the enforcement of each condition must enforce the condition to the extent of its powers.\n> \n> > (2)  If the conditions require the person proposing the project to apply for such other permits, licences or other approvals as may be necessary for the project, the person proposing the project must comply with that requirement.\n> \n> > (3)  [*\\[Section 8 Subsection (3) omitted by No. 1 of 2014, s. 4, Applied:11 Feb 2014\\]*](/view/html/inforce/2014-02-11/act-2014-001#GS4@Hpa@EN) .  .  .  .  .  .  .  .  \n> \n> > (4)  [*\\[Section 8 Subsection (4) inserted by No. 65 of 2009, s. 4, Applied:30 Nov 2009\\]*](/view/html/inforce/2009-11-30/act-2009-065#GS4@EN) [*\\[Section 8 Subsection (4) substituted by No. 1 of 2014, s. 4, Applied:11 Feb 2014\\]*](/view/html/inforce/2014-02-11/act-2014-001#GS4@Hpb@EN) The Pulp Mill Permit lapses if the project is not substantially commenced before the end of the period of 10 years commencing on the date on which the Pulp Mill Permit came into force.\n> \n> > (5)  [*\\[Section 8 Subsection (5) inserted by No. 65 of 2009, s. 4, Applied:30 Nov 2009\\]*](/view/html/inforce/2009-11-30/act-2009-065#GS4@EN) [*\\[Section 8 Subsection (5) substituted by No. 1 of 2014, s. 4, Applied:11 Feb 2014\\]*](/view/html/inforce/2014-02-11/act-2014-001#GS4@Hpb@EN) If the Pulp Mill Permit would have, but for this subsection, lapsed on and from a day (the ***relevant day***) before this subsection commences, it is to be taken, on and from the relevant day, to have not so lapsed.\n> \n> > (6)  [*\\[Section 8 Subsection (6) inserted by No. 65 of 2009, s. 4, Applied:30 Nov 2009\\]*](/view/html/inforce/2009-11-30/act-2009-065#GS4@EN) [*\\[Section 8 Subsection (6) substituted by No. 1 of 2014, s. 4, Applied:11 Feb 2014\\]*](/view/html/inforce/2014-02-11/act-2014-001#GS4@Hpb@EN) The Pulp Mill Permit cannot be taken to have lapsed during the period of 10 years commencing on the date on which the Pulp Mill Permit came into force.\n> \n> > (7)  [*\\[Section 8 Subsection (7) inserted by No. 1 of 2014, s. 4, Applied:11 Feb 2014\\]*](/view/html/inforce/2014-02-11/act-2014-001#GS4@Hpb@EN) A permit, licence or other approval –\n> > \n> > > > (a) that is taken, in accordance with [subsection (1)(c)](#GS8@Gs1@Hpc@EN) , to have been issued under an Act specified in the Pulp Mill Permit; and\n> > > \n> > > > (b) that would have, but for this subsection, lapsed under that Act on and from a date (the ***relevant date***) before this subsection commences –\n> > \n> > is to be taken, on and from the relevant date, to have not so lapsed.\n> \n> > (8)  [*\\[Section 8 Subsection (8) inserted by No. 1 of 2014, s. 4, Applied:11 Feb 2014\\]*](/view/html/inforce/2014-02-11/act-2014-001#GS4@Hpb@EN) A permit, licence or other approval that is taken, in accordance with [subsection (1)(c)](#GS8@Gs1@Hpc@EN) , to have been issued under an Act specified in the Pulp Mill Permit lapses when the Pulp Mill Permit lapses, if at all, under [subsection (4)](#GS8@Gs4@EN) .\n> \n> > (9)  [*\\[Section 8 Subsection (9) inserted by No. 1 of 2014, s. 4, Applied:11 Feb 2014\\]*](/view/html/inforce/2014-02-11/act-2014-001#GS4@Hpb@EN) For the purposes of this section, ***lapse***, in relation to the Pulp Mill Permit or a permit, licence or other approval that is taken, in accordance with [subsection (1)(c)](#GS8@Gs1@Hpc@EN) , to have been issued under an Act specified in the Pulp Mill Permit, does not include –\n> > \n> > > > (a) the surrender –\n> > > > \n> > > > > > (i) of the Pulp Mill Permit by the holder of the Pulp Mill Permit; or\n> > > > > \n> > > > > > (ii) of the permit, licence or other approval by the holder of the permit, licence or other approval; or\n> > > \n> > > > (b) the cancellation, revocation or other termination of the permit, licence or other approval by –\n> > > > \n> > > > > > (i) the Minister under [section 10D](#GS10D@EN) ; or\n> > > > > \n> > > > > > (ii) a person, body or State Service Agency responsible for the enforcement of a condition of the permit, licence or other approval.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Provisions of Acts, planning schemes, &c., not to apply to project","content":"### 9 Provisions of Acts, planning schemes, &c., not to apply to project\n\n> > (1)  The provisions of any Act, planning scheme, special planning order or interim order –\n> > \n> > > > (a) requiring the approval, consent or permission of any person in connection with any use or development in relation to the project; or\n> > > \n> > > > (b) empowering any body to grant or refuse its consent to any such use or development; or\n> > > \n> > > > (c) prohibiting any such use or development; or\n> > > \n> > > > (d) permitting any such use or development only upon specified terms or conditions; or\n> > > \n> > > > (e) regulating or permitting the regulation of any such use or development –\n> > \n> > do not apply to the project.\n> \n> > (2)  If –\n> > \n> > > > (a) the consultant reports to the Minister under [section 4(3)](#GS4@Gs3@EN) that the project should not proceed; or\n> > > \n> > > > (b) a House of Parliament rejects the Pulp Mill Permit –\n> > \n> > [subsection (1)](#GS9@Gs1@EN) does not apply.\n> \n> > (3)  [*\\[Section 9 Subsection (3) inserted by No. 1 of 2014, s. 5, Applied:11 Feb 2014\\]*](/view/html/inforce/2014-02-11/act-2014-001#GS5@EN) On the approval of the project under [section 7](#GS7@EN) , [subsection (1)](#GS9@Gs1@EN) ceases to apply.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Amendment of relevant planning scheme, &c.","content":"### 10 Amendment of relevant planning scheme, &c.\n\n> > (1)  If each House of Parliament accepts the Pulp Mill Permit under [section 7](#GS7@EN) , the Minister must, in consultation with the relevant planning authority, amend any relevant planning scheme, special planning order or interim order to remove any inconsistency between it and the Pulp Mill Permit.\n> \n> > (2)  The [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) does not apply to an amendment made under [subsection (1)](#GS10@Gs1@EN) .\n> \n> > (3)  Where the Minister amends a planning scheme, special planning order or interim order under [subsection (1)](#GS10@Gs1@EN)  –\n> > \n> > > > (a) the amendment is taken to have come into operation on the last day on which a House of Parliament accepted the Pulp Mill Permit; and\n> > > \n> > > > (b) the Minister must give notice, in the *Gazette*, of the amendment.","sortOrder":9},{"sectionNumber":"10A","sectionType":"section","heading":"Sale, &c., of Pulp Mill Permit","content":"### 10A Sale, &c., of Pulp Mill Permit\n\n> [*\\[Section 10A Inserted by No. 1 of 2014, s. 6, Applied:11 Feb 2014\\]*](/view/html/inforce/2014-02-11/act-2014-001#GS6@EN)\n> \n> > (1)  The holder of the Pulp Mill Permit may sell, assign or otherwise transfer the Pulp Mill Permit to another person.\n> \n> > (2)  If the Pulp Mill Permit is sold, assigned or otherwise transferred to another person –\n> > \n> > > > (a) the rights and obligations under the Pulp Mill Permit vest in that other person; and\n> > > \n> > > > (b) a permit, licence or other approval referred to in [section 8(1)(c)](#GS8@Gs1@Hpc@EN) is transferred to that other person by virtue of this subsection.\n> \n> > (3)  If the provisions of an Act under which a permit, licence or other approval is taken, in accordance with [section 8(1)(c)](#GS8@Gs1@Hpc@EN) , to have been issued would, but for this subsection, apply to the transfer of the permit, licence or other approval, those provisions do not apply to the transfer.","sortOrder":10},{"sectionNumber":"10B","sectionType":"section","heading":"Sale, &c., of part of Pulp Mill Permit","content":"### 10B Sale, &c., of part of Pulp Mill Permit\n\n> [*\\[Section 10B Inserted by No. 1 of 2014, s. 6, Applied:11 Feb 2014\\]*](/view/html/inforce/2014-02-11/act-2014-001#GS6@EN)\n> \n> > (1)  The holder of the Pulp Mill Permit may sell, assign or otherwise transfer part of the Pulp Mill Permit to another person.\n> \n> > (2)  If part of the Pulp Mill Permit is sold, assigned or otherwise transferred to another person –\n> > \n> > > > (a) the rights and obligations under that part vest in that other person; and\n> > > \n> > > > (b) a permit, licence or other approval referred to in [section 8(1)(c)](#GS8@Gs1@Hpc@EN) that relates to that part is transferred to that other person by virtue of this subsection.\n> \n> > (3)  If the provisions of an Act under which a permit, licence or other approval is taken, in accordance with [section 8(1)(c)](#GS8@Gs1@Hpc@EN) , to have been issued would, but for this subsection, apply to the transfer of the permit, licence or other approval, those provisions do not apply to the transfer.","sortOrder":11},{"sectionNumber":"10C","sectionType":"section","heading":"Notification of sale, &c., of Pulp Mill Permit","content":"### 10C Notification of sale, &c., of Pulp Mill Permit\n\n> [*\\[Section 10C Inserted by No. 1 of 2014, s. 6, Applied:11 Feb 2014\\]*](/view/html/inforce/2014-02-11/act-2014-001#GS6@EN)\n> \n> > (1)  The person to whom the Pulp Mill Permit is sold, assigned or otherwise transferred, in whole or in part, must notify the Minister of the sale, assignment or transfer within 28 days of the sale, assignment or transfer.\n> \n> > (2)  Upon receipt of notification under [subsection (1)](#GS10C@Gs1@EN) , the Minister is to cause the person, body or State Service Agency responsible for the enforcement of a condition of a permit, licence or other approval transferred pursuant to [section 10A(2)](#GS10A@Gs2@EN) or [10B(2)](#GS10B@Gs2@EN) to be notified of the sale, assignment or transfer within 28 days of the receipt of the notification.","sortOrder":12},{"sectionNumber":"10D","sectionType":"section","heading":"Cancellation, &c., of permit, licence or other approval","content":"### 10D Cancellation, &c., of permit, licence or other approval\n\n> [*\\[Section 10D Inserted by No. 1 of 2014, s. 6, Applied:11 Feb 2014\\]*](/view/html/inforce/2014-02-11/act-2014-001#GS6@EN)\n> \n> > (1)  The Minister, on the recommendation of a person, body or State Service Agency responsible for the enforcement of a condition of a permit, licence or other approval referred to in [section 8(1)(c)](#GS8@Gs1@Hpc@EN) , may cancel, revoke or otherwise terminate the permit, licence or other approval.\n> \n> > (2)  The Minister is to cause the person, body or State Service Agency referred to in [subsection (1)](#GS10D@Gs1@EN) to be notified of the cancellation, revocation or other termination of the permit, licence or other approval referred to in that subsection within 28 days of the cancellation, revocation or other termination.\n> \n> > (3)  [Subsection (1)](#GS10D@Gs1@EN) does not preclude a person, body or State Service Agency referred to in that subsection from exercising a power to cancel, revoke or otherwise terminate a permit, licence or other approval.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Limitation of rights of appeal","content":"### 11 Limitation of rights of appeal\n\n> > (1)  Subject to [subsection (3)](#GS11@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 any action, decision, process, matter or thing arising out of or relating to any assessment or approval of the project under this Act.\n> \n> > (2)  For the purposes of [subsection (1)](#GS11@Gs1@EN) , \"any action, decision, process, matter or thing arising out of or relating to any assessment or approval of the project under this Act\" includes any action, decision, process, matter or thing arising out of or relating to a condition of the Pulp Mill Permit requiring that the person proposing the project apply for such other permits, licences or other approvals as may be necessary for the project.\n> \n> > (3)  [Subsection (1)](#GS11@Gs1@EN) does not apply to any action, decision, process, matter or thing which has involved or has been affected by criminal conduct.\n> \n> > (4)  No review under [subsection (3)](#GS11@Gs3@EN) operates to delay the issue of the Pulp Mill Permit or any action authorised by that permit.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Administration of Act","content":"### 12 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 Justice.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Legislation revoked","content":"### 13 Legislation revoked\n\n> The legislation specified in [Schedule 2](#JS2@EN) is revoked.","sortOrder":16},{"sectionNumber":"SCHEDULE 1 - Recommended Envir","sectionType":"part","heading":"SCHEDULE 1 - Recommended Environmental Emission Limit Guidelines for any new Bleached Eucalypt Kraft Pulp Mill in Tasmania","content":"# SCHEDULE 1 - Recommended Envir SCHEDULE 1 - Recommended Environmental Emission Limit Guidelines for any new Bleached Eucalypt Kraft Pulp Mill in Tasmania\n\n[Section 3](#GS3@EN)\n\n[![graphic image](/image/rpdc1.gif)](/image/rpdc1.gif)\n\n[![graphic image](/image/rpdc2.gif)](/image/rpdc2.gif)\n\n[![graphic image](/image/rpdc3.gif)](/image/rpdc3.gif)\n\n[![graphic image](/image/rpdc4.gif)](/image/rpdc4.gif)\n\n[![graphic image](/image/rpdc5.gif)](/image/rpdc5.gif)\n\n[![graphic image](/image/rpdc6.gif)](/image/rpdc6.gif)\n\n[![graphic image](/image/rpdc7.gif)](/image/rpdc7.gif)\n\n[![graphic image](/image/rpdc8.gif)](/image/rpdc8.gif)\n\n[![graphic image](/image/rpdc9.gif)](/image/rpdc9.gif)\n\n[![graphic image](/image/rpdc10.gif)](/image/rpdc10.gif)\n\n[![graphic image](/image/rpdc11.gif)](/image/rpdc11.gif)\n\n[![graphic image](/image/rpdc12.gif)](/image/rpdc12.gif)\n\n[![graphic image](/image/rpdc13.gif)](/image/rpdc13.gif)\n\n[![graphic image](/image/rpdc14.gif)](/image/rpdc14.gif)\n\n[![graphic image](/image/rpdc15.gif)](/image/rpdc15.gif)\n\n[![graphic image](/image/rpdc16.gif)](/image/rpdc16.gif)\n\n[![graphic image](/image/rpdc17.gif)](/image/rpdc17.gif)\n\n[![graphic image](/image/rpdc18.gif)](/image/rpdc18.gif)\n\n[![graphic image](/image/rpdc19.gif)](/image/rpdc19.gif)\n\n[![graphic image](/image/rpdc20.gif)](/image/rpdc20.gif)\n\n[![graphic image](/image/rpdc21.gif)](/image/rpdc21.gif)\n\n[![graphic image](/image/rpdc22.gif)](/image/rpdc22.gif)\n\n[![graphic image](/image/rpdc23.gif)](/image/rpdc23.gif)\n\n[![graphic image](/image/rpdc24.gif)](/image/rpdc24.gif)\n\n[![graphic image](/image/rpdc25.gif)](/image/rpdc25.gif)\n\n[![graphic image](/image/rpdc26.gif)](/image/rpdc26.gif)\n\n[![graphic image](/image/rpdc27.gif)](/image/rpdc27.gif)\n\n[![graphic image](/image/rpdc28.gif)](/image/rpdc28.gif)\n\n[![graphic image](/image/rpdc29.gif)](/image/rpdc29.gif)\n\n[![graphic image](/image/rpdc30.gif)](/image/rpdc30.gif)\n\n[![graphic image](/image/rpdc31.gif)](/image/rpdc31.gif)\n\n[![graphic image](/image/rpdc32.gif)](/image/rpdc32.gif)\n\n[![graphic image](/image/rpdc33.gif)](/image/rpdc33.gif)\n\n[![graphic image](/image/rpdc34.gif)](/image/rpdc34.gif)\n\n[![graphic image](/image/rpdc35.gif)](/image/rpdc35.gif)\n\n[![graphic image](/image/rpdc36.gif)](/image/rpdc36.gif)\n\n[![graphic image](/image/rpdc37.gif)](/image/rpdc37.gif)\n\n[![graphic image](/image/rpdc38.gif)](/image/rpdc38.gif)\n\n[![graphic image](/image/rpdc39.gif)](/image/rpdc39.gif)\n\n[![graphic image](/image/rpdc40.gif)](/image/rpdc40.gif)\n\n[![graphic image](/image/rpdc41.gif)](/image/rpdc41.gif)\n\n[![graphic image](/image/rpdc42.gif)](/image/rpdc42.gif)\n\n[![graphic image](/image/rpdc43.gif)](/image/rpdc43.gif)\n\n[![graphic image](/image/rpdc44.gif)](/image/rpdc44.gif)\n\n[![graphic image](/image/rpdc45.gif)](/image/rpdc45.gif)\n\n[![graphic image](/image/rpdc46.gif)](/image/rpdc46.gif)\n\n[![graphic image](/image/rpdc47.gif)](/image/rpdc47.gif)\n\n[![graphic image](/image/rpdc48.gif)](/image/rpdc48.gif)\n\n[![graphic image](/image/rpdc49.gif)](/image/rpdc49.gif)\n\n[![graphic image](/image/rpdc50.gif)](/image/rpdc50.gif)\n\n[![graphic image](/image/rpdc51.gif)](/image/rpdc51.gif)","sortOrder":17},{"sectionNumber":"SCHEDULE 2 - Legislation revok","sectionType":"part","heading":"SCHEDULE 2 - Legislation revoked","content":"# SCHEDULE 2 - Legislation revok SCHEDULE 2 - Legislation revoked\n\n[Section 13](#GS13@EN)\n\n| State Policies and Projects (Project of State Significance) Order 2004 (No. 111 of 2004) |","sortOrder":18}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Currency of version","severity":"low","reasoning":"If the version is current from 11 February 2014, but the file was last modified in 2017, this raises questions about whether modifications made in 2017 are reflected in the 'current from 2014' version or represent a separate, unacknowledged amendment cycle. The currency date and modification date are irreconcilable without further explanation.","confidence":0.55,"description":"The legislation states it is 'current from 11 February 2014 to date' yet the file was 'last modified 5 July 2017', creating an internal inconsistency about when the authoritative version was finalised versus when it became current."},{"type":"other","section":"Status Information","severity":"low","reasoning":"While likely a formatting or rendering artefact, duplicate authoritative status statements in legislation create interpretive uncertainty. If one instance were ever amended and the other not, both would remain 'in force' with contradictory content. Legislation should not require a reader to determine which of two identical sections governs.","confidence":0.4,"description":"The status information section is reproduced verbatim at least twice in the document, and section headings such as 'Currency of version' and 'Table of Amending Instruments' are duplicated identically. This creates ambiguity about which instance constitutes the authoritative statement of currency."},{"type":"impossible_compliance","section":"General - Substantive Provisions","severity":"high","reasoning":"If this represents the entirety of the accessible Act, then it cannot be complied with, enforced, or interpreted. Citizens and regulators are given a title and administrative metadata but no actual legal obligations, rights, definitions, or procedures. An Act that confers no discernible legal content is logically absurd as legislation.","confidence":0.65,"description":"No substantive provisions of the Act appear in the text provided. The document as presented contains only metadata, status information, and formatting headers. An Act without operative provisions is logically incapable of performing any legislative function."}],"contradictions":[{"severity":"low","section_a":"Currency of version: 'Version current from 11 February 2014 to date'","section_b":"Authorisation: 'File last modified 5 July 2017'","confidence":0.6,"description":"The version is stated to have been current since 11 February 2014, yet the underlying file was modified on 5 July 2017. These two statements cannot both be entirely accurate: either the version changed in 2017 (contradicting the 2014 currency date) or the 2017 modification was non-substantive (which is not disclosed)."}]},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act was originally intended to facilitate and govern the assessment and approval of a specific pulp mill project by Gunns Limited. Its practical scope has effectively collapsed following the failure of that project and the insolvency of Gunns Limited in 2012. The Act now sits dormant — technically still in force but with no active project to which it applies, meaning its real-world scope is far narrower than originally contemplated."},"complexity_factors":["Legislation was purpose-built for a single specific project, creating unusual interpretive questions about its ongoing relevance now that the project has been abandoned","Intersects with multiple other regulatory regimes (environmental, planning, land use) that it partially displaces or overrides","The bypassing of standard assessment frameworks requires understanding what those standard frameworks are in order to appreciate what this Act changes","Political and legal controversy surrounding the Act means its scope and intent have been heavily contested","Ongoing legal status despite the project being defunct creates ambiguity about its practical application","Interaction between state and federal environmental approval requirements adds a jurisdictional layer of complexity"],"plain_english_summary":"## Pulp Mill Assessment Act 2007 (Tasmania)\n\nThis is a **Tasmanian state law** that was created specifically to manage the approval process for a proposed pulp mill project in Tasmania.\n\n### What does it do?\nInstead of going through the normal environmental and planning assessment process that applies to most major projects in Tasmania, this Act set up a **special, separate approval pathway** just for this one pulp mill. It essentially carved out a unique legislative process tailored to this specific project.\n\n### Who does it affect?\n- **The proponent** (the company wanting to build the pulp mill — primarily Gunns Limited at the time)\n- **Tasmanian residents and communities** near the proposed site, particularly around the Tamar Valley\n- **Environmental groups and advocates** who would normally have rights to participate in standard assessment processes\n- **Government regulators** who administer environmental and planning approvals\n\n### Why does it matter?\nThis law was — and remains — controversial because it **bypassed the standard environmental assessment processes**, which typically allow for greater public scrutiny and participation. Critics argued it reduced the ability of ordinary Tasmanians and environmental groups to have their concerns properly heard. Supporters argued it streamlined a complex industrial approval to provide investment certainty.\n\n### Current status\nDespite the pulp mill never being built (Gunns Limited collapsed in 2012), the Act remains on the books as of 2026, though it has had no practical effect for many years."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act as presented includes later-inserted and substituted provisions that expand or clarify its operational scope compared with the core assessment/approval pathway set out at enactment. Notable changes included in the text are: the 10-year lapse rule and related non‑lapse/retrospective non‑lapse provisions for the Pulp Mill Permit (s 8(4)–(6),(8)–(9) as inserted/substituted); explicit transfer and partial-transfer rights for the Permit and associated automatic transfer of taken-to-have-been-issued permits (s 10A–10B); a notification regime for transfers (s 10C); and a Ministerial power to cancel or revoke a permit, licence or approval taken to have been issued under the Permit on recommendation of the enforcing body (s 10D). The text also records that subsection 9(3) was inserted to provide that the non‑application of other Acts ceases on approval (s 9(3)). These inserted sections alter the original operational characteristics by adding transferability, notification, cancellation mechanics and refined lapse rules, changing how the Permit functions as a transferable regulatory instrument (see s 8, s 10A–10D, s 9(3))."},"complexity_factors":["Project-specific statutory regime that replaces multiple existing approval pathways for a single defined project (s 3; s 8(1)(c); s 9(1))","Multiple actors with specified but intersecting roles: Minister, appointed consultant, 'relevant persons', enforcement bodies, and Parliament (s 4; s 6; s 8; s 7)","Consultant must consider historical documents and updated technology/best practice when assessing compliance with embedded guidelines (s 4(2)–(4))","Parliamentary acceptance required within a short statutory timeframe (5 sitting-days) (s 7(2))","Permit creates deemed permits/licences under other Acts, and those deemed instruments have bespoke lapse and transfer rules (s 8(1)(c); s 8(4)–(9); s 10A–10B)","Strict limitation on appeals and judicial review with narrow criminal-conduct exception (s 11)","Transfer and partial-transfer mechanics with automatic vesting and statutory override of ordinary transfer rules (s 10A–10B)","Ministerial cancellation power based on recommendations from enforcement bodies (s 10D)","Requirement to amend planning schemes outside the usual Land Use Planning Act process (s 10(1)–(3))","Schedules (guidelines and revoked instruments) incorporated by reference and relied upon in assessments (Schedule 1; Schedule 2)"],"plain_english_summary":"What this law does (mechanics)\n\n- The Act sets up a one-project assessment and approval process for a specific proposed bleached kraft pulp mill (the \"project\" is defined as the Gunns Limited proposal) (s 3).\n- The Minister appoints a consultant to assess the project against the published emission guidelines and other material, taking into account later technology and best available practice (s 4(1)–(3)). The consultant must report whether the project should proceed and, if so, whether it complies with the guidelines and what conditions should apply (s 4(3)–(4)).\n- The Minister asks the government bodies and other \"relevant persons\" (those who would normally issue or regulate permits for the project) to recommend conditions; those persons must assess the conditions, take the consultant’s report into account, and specify the enforcing body for each condition (s 3 definition of \"relevant person\", s 6(1)–(7)).\n- The Minister prepares a single consolidated instrument called the \"Pulp Mill Permit\" containing the substance of the recommended conditions and enforcement arrangements (s 6(8)). The consultant’s report and the draft Pulp Mill Permit must be tabled in Parliament (s 6(9)–(10)).\n- The project is approved only if the consultant recommends proceeding and both Houses of Parliament accept the Pulp Mill Permit by resolution (s 7). Each House must accept or reject the Permit within five sitting-days after it is laid (s 7(1)–(2)).\n- If Parliament accepts the Permit, it comes into effect and, to the extent set out in the Permit, overrides other Acts and planning schemes for the project. Permits, licences or approvals that would otherwise have been required are treated as having been issued on the conditions in the Pulp Mill Permit (s 8(1)(b)–(c); s 9(1)). Enforcement bodies listed in the Permit must enforce conditions to the extent of their powers (s 8(1)(d)).\n- The Permit contains a 10-year lapse rule: the Permit lapses if the project is not substantially commenced within 10 years of the Permit coming into force (s 8(4)–(6)).\n- The holder may sell, assign or transfer the whole Permit, or part of it, and rights/obligations (and the corresponding permits/approvals) vest automatically in the transferee; statutory provisions that would have applied to those transfers do not apply (s 10A–10B). The transferee must notify the Minister within 28 days (s 10C(1)) and the Minister must inform the enforcing bodies (s 10C(2)).\n- The Minister may cancel, revoke or terminate a permit, licence or approval that was taken to have been issued by the Permit, on the recommendation of the body responsible for enforcement (s 10D(1)). That does not prevent enforcement bodies from using their own powers to cancel or revoke (s 10D(3)).\n- Appeals and reviews are tightly limited. Subject to an exception for matters involving criminal conduct, no person may appeal, seek judicial review, obtain a declaratory judgment, or bring other proceedings in relation to assessments or approvals under the Act (s 11(1)–(4)).\n- The Act requires the relevant planning schemes to be amended to remove inconsistencies with the Pulp Mill Permit, and those targeted amendments are outside the general Land Use Planning and Approvals Act process (s 10(1)–(3)).\n- The Act makes available the Resource Planning and Development Commission’s assessment documents on request to the Minister or consultant (s 5). It also revokes a prior State Policies & Projects order (Schedule 2; s 13).\n\nWho it affects\n\n- The project proponent (the defined proposal by Gunns Limited) is the primary beneficiary of the Act’s processes and outcomes (s 3 definition of \"project\").\n- The Minister (and the Minister’s appointee consultant) controls the assessment pathway and prepares the Pulp Mill Permit (s 4(1); s 6(8)).\n- \"Relevant persons\" (government agencies and other bodies who would normally regulate aspects of the project) must assess and recommend conditions and identify enforcement responsibilities (s 6(1)–(7)).\n- Enforcement bodies named in the Permit must enforce conditions to the extent of their powers (s 8(1)(d)).\n- Third parties and members of the public are limited in their ability to appeal or seek judicial review of the approval or the Permit (s 11).\n\nWhy it matters (policy mechanics, incentives and trade-offs)\n\n- The Act creates a single, consolidated approval instrument (the Pulp Mill Permit) that substitutes for the separate permits and planning permissions that would otherwise apply to the defined project (s 6(8); s 8(1)(c); s 9(1)). Mechanically, that reduces the need for multiple concurrent approval processes for the project, but it also centralises decision‑making in the Minister and the Permit itself.\n- The Minister exercises important discretionary roles: appointing the consultant (s 4(1)); preparing the Permit (s 6(8)); and, in some circumstances, cancelling permits on recommendation (s 10D(1)). Those points of discretion create implementation risk because outcomes depend on those decisions and the timing of parliamentary resolution (s 7(2)).\n- The Act concentrates a statutory advantage on one defined project and its permit holder: the Permit can be transferred or partially transferred (s 10A–10B), and transfers are not subject to transfer rules that would otherwise apply under the Acts from which Pulp Mill Permit rights are taken (s 10A(3); s 10B(3)). This creates an identifiable property/right in the Permit that can be traded and that automatically carries the tied permits/approvals (s 10A(2); s 10B(2)). The immediate mechanical effect is to make Permit ownership a tradable asset with automatic vesting of the associated regulatory permissions.\n- The Act narrows judicial and administrative review (s 11). That reduces the avenues for third parties to challenge the assessment or Permit and speeds finality of the authorisation (s 11(4) says review cannot delay issue), but it also limits external oversight of the Permit conditions and the assessment process.\n- Compliance burden is placed on the project proponent where conditions require applications for other permits (s 6(6); s 8(2)). Relevant persons and enforcement agencies bear administrative work to assess conditions, specify enforcement arrangements and later enforce them (s 6(2)–(7); s 8(1)(d)).\n- Parliament has a direct, time‑limited approval role: both Houses must accept or reject the Permit within five sitting-days after it is laid (s 7(2)). That short parliamentary window concentrates the timing risk for approval.\n\nConcrete risks and trade-offs (mechanisms stated in the Act)\n\n- Concentration of advantage: the Act defines a single, named project and sets a bespoke approval pathway for it (s 3; s 6–8). The concrete mechanism is a single Permit that supersedes multiple separate approvals (s 8(1)(c); s 9(1)).\n- Transferable asset: the Permit and parts of it are explicitly transferable and vest automatically in transferees, with statutory non‑application of normal transfer rules (s 10A–10B). The mechanism foregrounds market value in the Permit itself.\n- Reduced external oversight: the Act limits appeals and judicial review for assessment and approval matters (s 11). The mechanism is an express statutory bar on appeals and JR, except where criminal conduct is involved (s 11(1)–(3)).\n- Administrative discretion and timing: the Minister controls consultant appointment and the Permit drafting; Parliament must act within five sitting-days, and enforcement agencies are required to enforce to the extent of their powers (s 4(1); s 6(8); s 7(2); s 8(1)(d)). These are concrete levers that determine the project’s permissions and enforcement.\n\nKey sources in the Act: s 3 (definitions); s 4 (consultant assessment); s 5 (access to RPDC documents); s 6 (relevant person assessments and Pulp Mill Permit); s 7 (Parliamentary acceptance); s 8 (effects of approval); s 9 (non‑application of other Acts/planning controls); s 10–10D (planning amendments, transfer and cancellation rules); s 11 (limits on appeal); Schedule 1 (guidelines); Schedule 2 (revocation of prior order)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2007 Act was already narrow in targeting a specific project by a specific proponent (Gunns Limited). However, amendments in 2014 significantly expanded the scope by adding Sections 10A-10D, which allow the Pulp Mill Permit to be sold, assigned, or transferred to other parties, and provide mechanisms for cancellation and notification. This transformed the legislation from a single-project approval into a transferable asset regime, effectively creating a marketable development right that could outlive the original proponent. The amendments also added complex temporal mechanics regarding permit lapse that were not in the original Act."},"complexity_factors":["Multiple amending acts (2009 and 2014) creating nested temporal provisions about permit lapse and revival","Complex cross-referencing between the Pulp Mill Permit and 'deemed' permits under other Acts (Section 8(1)(c))","Conditional logic in Section 8 with 9 subsections including exceptions to lapse provisions and retrospective application clauses","Interaction with multiple other Acts (Land Use Planning and Approvals Act 1993, State Policies and Projects Act 1993, Judicial Review Act 2000) through incorporation by reference","Defined terms with specific statutory references (e.g., 'project' tied to a specific Statutory Rule from 2004)","Transfer mechanics in Sections 10A-10C that override normal transfer provisions in other Acts","Ouster of jurisdiction clause in Section 11 that attempts to exclude judicial review except for criminal conduct"],"plain_english_summary":"This is a Tasmanian law that creates a special, fast-tracked approval process for a specific pulp mill proposed by Gunns Limited in northern Tasmania.\n\n**What it does:**\n- **Bypasses normal planning laws**: Once the mill is approved, it doesn't need to follow the usual planning rules, environmental laws, or local council approvals that would normally apply (Section 9).\n- **Creates a single 'Pulp Mill Permit'**: Instead of getting dozens of separate permits from different government agencies, the project gets one consolidated permit approved by Parliament (Sections 6-8).\n- **Uses a special consultant**: The Minister appoints a consultant to assess whether the mill meets environmental guidelines from 2004, but also considers newer technology and best practices (Section 4).\n- **Parliamentary approval**: The final permit must be accepted by both houses of Parliament within 5 sitting days (Section 7).\n- **No appeals**: People cannot challenge the approval in court or through tribunals, except in cases of criminal conduct (Section 11).\n\n**Who it affects:**\n- Gunns Limited (originally) and any subsequent owners of the permit\n- Tasmanian government agencies that would normally regulate industrial projects\n- Local communities and environmental groups who lose their usual rights to object or appeal\n\n**Why it matters:**\nThis law was highly controversial because it removed standard environmental and planning safeguards for one specific project. It effectively 'locked in' approval for the pulp mill by preventing legal challenges and overriding other laws. Later amendments (in 2009 and 2014) added rules about when the permit expires (10 years if not started), allowed the permit to be sold or transferred to new owners, and clarified that related approvals lapse when the main permit lapses."}},"importantCases":[],"_links":{"self":"/api/acts/pulp-mill-assessment-act-2007","history":"/api/acts/pulp-mill-assessment-act-2007/history","analysis":"/api/acts/pulp-mill-assessment-act-2007/analysis","conflicts":"/api/acts/pulp-mill-assessment-act-2007/conflicts","importantCases":"/api/acts/pulp-mill-assessment-act-2007/important-cases","documents":"/api/acts/pulp-mill-assessment-act-2007/documents"}}