{"id":"tas:act-2006-014","name":"Ralphs Bay Conservation Area (Clarification) Act 2006","slug":"ralphs-bay-conservation-area-clarification-act-2006","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"14 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":76652,"registerId":"tas-act-2006-014-current","compilationNumber":null,"startDate":"2026-04-02","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 [Ralphs Bay Conservation Area (Clarification) Act 2006](/view/html/inforce/2026-04-12/act-2006-014) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> > (1)  [Sections 1](#GS1@EN) , [4](#GS4@EN) , [5](#GS5@EN) and [6](#GS6@EN) and [this section](#GS2@EN) commence on the day on which this Act receives the Royal Assent.\n> \n> > (2)  The remaining provisions of this Act commence on the day after –\n> > \n> > > > (a) [*\\[Section 2 Subsection (2) amended by No. 28 of 2009, s. 49, Applied:01 Sep 2009\\]*](/view/html/inforce/2009-09-01/act-2009-028#GS49@EN) the Tasmanian Planning Commission submits a report to the Minister under [section 26(1) of the](/view/html/inforce/2026-04-12/act-1993-065#GS26@Gs1@EN) [State Policies and Projects Act 1993](/view/html/inforce/2026-04-12/act-1993-065) recommending that the project of State significance referred to in the [State Policies and Projects (Project of State Significance) Order 2006](/view/html/inforce/2026-04-12/sr-2006-071) not proceed; or\n> > > \n> > > > (b) the Governor makes an order under [section 26(6) of the](/view/html/inforce/2026-04-12/act-1993-065#GS26@Gs6@EN) [State Policies and Projects Act 1993](/view/html/inforce/2026-04-12/act-1993-065) that the project of State significance referred to in the [State Policies and Projects (Project of State Significance) Order 2006](/view/html/inforce/2026-04-12/sr-2006-071) may proceed on the conditions specified in the first-mentioned order.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Ralphs Bay Conservation Area","content":"### 3 Ralphs Bay Conservation Area\n\n> > (1)  Notwithstanding any previous declaration in relation to the Ralphs Bay Conservation Area, the area of Crown land specified in [Schedule 1](#JS1@EN) is declared to be the reserved land that constitutes the Ralphs Bay Conservation Area established by [section 17](/view/html/inforce/2026-04-12/act-1998-045#GS17@EN) of, and item 31 of [Schedule 9](/view/html/inforce/2026-04-12/act-1998-045#JS9@EN) to, the [Regional Forest Agreement (Land Classification) Act 1998](/view/html/inforce/2026-04-12/act-1998-045) .\n> \n> > (2)  [Subsection (1)](#GS3@Gs1@EN) has effect notwithstanding any other Act.\n> \n> > (3)  For the purposes of [subsection (1)](#GS3@Gs1@EN)  –\n> > \n> > > ***Crown land*** has the same meaning as in [section 17](/view/html/inforce/2026-04-12/act-1998-045#GS17@EN) of the [Regional Forest Agreement (Land Classification) Act 1998](/view/html/inforce/2026-04-12/act-1998-045) ;\n> > \n> > > ***reserved land*** has the same meaning as in [section 3](/view/html/inforce/2026-04-12/act-1998-045#GS3@EN) of the [Regional Forest Agreement (Land Classification) Act 1998](/view/html/inforce/2026-04-12/act-1998-045) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Power of Tasmanian Planning Commission to determine status of land","content":"### 4 Power of Tasmanian Planning Commission to determine status of land\n\n> [*\\[Section 4 Amended by No. 28 of 2009, s. 50, Applied:01 Sep 2009\\]*](/view/html/inforce/2009-09-01/act-2009-028#GS50@EN) In undertaking an integrated assessment of the project of State significance referred to in the [State Policies and Projects (Project of State Significance) Order 2006](/view/html/inforce/2026-04-12/sr-2006-071) , the Tasmanian Planning Commission may determine that part of the land specified in [Schedule 1](#JS1@EN) is necessary or convenient for the project to proceed.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Power of Minister to give written directions to Tasmanian Planning Commission","content":"### 5 Power of Minister to give written directions to Tasmanian Planning Commission\n\n> > (1)  [*\\[Section 5 Subsection (1) amended by No. 28 of 2009, s. 51, Applied:01 Sep 2009\\]*](/view/html/inforce/2009-09-01/act-2009-028#GS51@Hpa@EN) Notwithstanding [section 20(2) of the](/view/html/inforce/2026-04-12/act-1993-065#GS20@Gs2@EN) [State Policies and Projects Act 1993](/view/html/inforce/2026-04-12/act-1993-065) , the Minister administering [Part 3](/view/html/inforce/2026-04-12/act-1993-065#HP3@EN) of that Act may give a further written direction to the Tasmanian Planning Commission to undertake an integrated assessment of the project of State significance referred to in the [State Policies and Projects (Project of State Significance) Order 2006](/view/html/inforce/2026-04-12/sr-2006-071) .\n> \n> > (2)  [*\\[Section 5 Subsection (2) amended by No. 28 of 2009, s. 51, Applied:01 Sep 2009\\]*](/view/html/inforce/2009-09-01/act-2009-028#GS51@Hpb@EN) If the Minister gives a further written direction to the Tasmanian Planning Commission under [subsection (1)](#GS5@Gs1@EN) , the direction given by the Minister to the Resource Planning and Development Commission on 7 August 2006 is revoked.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Administration of Act","content":"### 6 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 Primary Industries and Water; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Primary Industries and Water.","sortOrder":5},{"sectionNumber":"SCHEDULE 1 - Ralphs Bay Conser","sectionType":"part","heading":"SCHEDULE 1 - Ralphs Bay Conservation Area","content":"# SCHEDULE 1 - Ralphs Bay Conser SCHEDULE 1 - Ralphs Bay Conservation Area\n\n[Sections 3(1)](#GS3@Gs1@EN) and [4](#GS4@EN)\n\n> **1.**   All that land comprising about 171 hectares as shown as Lot 1 and bounded by a heavy black line on Plan 7395 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in [Schedule 2](#JS2@EN) except for that part of that land that may be determined by the Resource Planning and Development Commission as being necessary or convenient for the project of State significance referred to in the [State Policies and Projects (Project of State Significance) Order 2006](/view/html/inforce/2026-04-12/sr-2006-071) to proceed.","sortOrder":6},{"sectionNumber":"SCHEDULE 2 - Plan","sectionType":"part","heading":"SCHEDULE 2 - Plan","content":"# SCHEDULE 2 - Plan SCHEDULE 2 - Plan\n\n[Schedule 1](#JS1@EN)\n\n[![graphic image](/image/cpr7395.gif)](/image/cpr7395.gif)","sortOrder":7}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act alters prior scope by re‑declaring the specified Crown land as reserved and placing that declaration above other Acts (s 3(1)–(2)), but it simultaneously permits the Tasmanian Planning Commission to identify and effectively excise parts of the declared area as 'necessary or convenient' for the named State‑significant project (s 4; Schedule 1). Commencement is delayed until a Commission report or Governor's order under the State Policies and Projects Act, and the Minister retains power to require further integrated assessment (s 2(2), s 5(1)–(2))."},"complexity_factors":["Cross‑references and interplay with other statutes: Regional Forest Agreement (Land Classification) Act 1998 and State Policies and Projects Act 1993 increase interpretive complexity (see s 3(1)–(3), ss 2(2), 4–5).","Conditional commencement tied to administrative outcomes: most provisions commence only after a Tasmanian Planning Commission report or a Governor's order under the State Policies and Projects Act (s 2(2)).","'Notwithstanding' override: the Act declares the land reserved 'notwithstanding any other Act', creating a primacy issue for statutory interpretation and application (s 3(1)–(2)).","Commission discretion to excise land: the Tasmanian Planning Commission may determine that part of the land is 'necessary or convenient' for the specified project, permitting partial removal from the declared area (s 4; Schedule 1).","Ministerial direction power that alters procedural obligations: Minister may give a further written direction to the Commission despite a limitation in the State Policies and Projects Act, affecting assessment process and reversing an earlier direction (s 5(1)–(2)).","Administrative assignment until reallocated: temporary assignment of administration to a specific Minister and department creates transitional management and compliance pathways (s 6)."],"plain_english_summary":"This Act declares about 171 hectares of specified Crown land to be the Ralphs Bay Conservation Area, overriding prior declarations. It keeps the land reserved but permits the Tasmanian Planning Commission — while assessing a named State‑significant project — to identify parts of that land as necessary for the project and allows the responsible Minister to direct further integrated assessment. Administration is assigned to the Minister for Primary Industries and Water."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: clarifying the status of Ralphs Bay Conservation Area in the context of a specific proposed development. The 2009 amendments (referenced in the text) appear to be machinery changes updating references from the abolished 'Resource Planning and Development Commission' to the 'Tasmanian Planning Commission', rather than substantive expansion of scope."},"complexity_factors":["Conditional commencement: Most provisions don't start until a future political decision is made (Commission report or Governor's order)","Cross-references to 4 other Acts: State Policies and Projects Act 1993, Regional Forest Agreement (Land Classification) Act 1998, Administrative Arrangements Act 1990, plus a statutory order","Notwithstanding clauses: Two explicit overrides of other legislation (s.3(2) and s.5(1))","Incorporated definitions: Two terms defined by reference to another Act rather than defined locally","Geographic description relies on external plan (Central Plan Register Plan 7395) with illustrative copy in Schedule 2","Amendment history embedded in text: References to 2009 amendments clutter the operative provisions"],"plain_english_summary":"This Tasmanian law settles a dispute about a patch of land called Ralphs Bay, near Hobart. Here's what it does:\n\n**The core problem:** There was confusion and conflict over whether Ralphs Bay should be protected as a conservation area or developed for a major project (a marina/housing development). Different laws said different things about the land's status.\n\n**What the law does:**\n- **Clarifies the boundary:** It formally declares that about 171 hectares of Crown land (government-owned land) at Ralphs Bay is a conservation area, overriding any previous declarations.\n- **Creates a conditional escape clause:** The Tasmanian Planning Commission can decide that part of this conservation land is actually needed for the development project to go ahead.\n- **Sets up a political trigger:** Most of the Act only starts working the day after either (a) the Planning Commission recommends the project NOT proceed, or (b) the Governor approves the project to go ahead with conditions.\n- **Lets the Minister intervene:** The Minister can give fresh directions to the Planning Commission about assessing the project, and this automatically cancels earlier directions.\n\n**Why it matters:** This is essentially a legislative compromise that protects Ralphs Bay as conservation land *unless* the government ultimately approves the development. It gives the Planning Commission flexibility to carve out land for the project if needed, while maintaining the conservation status as the default position. It's a classic example of \"planning law as political theatre\" — using statutory machinery to manage a contested development proposal while keeping options open for the government of the day."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to have stayed within its stated purpose of clarifying the conservation area's legal status. There is no evidence from the provided text that its scope broadened beyond that narrow clarification function."},"complexity_factors":["Narrow, site-specific scope — applies only to one named location (Ralphs Bay)","Clarification Acts are typically short and targeted, reducing complexity","Likely interacts with broader Tasmanian reserve and land management legislation, requiring cross-referencing","Full operative provisions were not provided, limiting full assessment","Historical and political context (developer dispute) may create interpretive complexity around legislative intent"],"plain_english_summary":"The Ralphs Bay Conservation Area (Clarification) Act 2006 is Tasmanian legislation that resolves legal uncertainty about the status or boundaries of the Ralphs Bay conservation area near Lauderdale. It clarifies whether land and waters are protected, affecting developers, local residents and environmental groups, and government land managers. The Act mattered because it settled controversy over proposed marina and residential development and locked in conservation protections pending review of the full text."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/ralphs-bay-conservation-area-clarification-act-2006","history":"/api/acts/ralphs-bay-conservation-area-clarification-act-2006/history","analysis":"/api/acts/ralphs-bay-conservation-area-clarification-act-2006/analysis","conflicts":"/api/acts/ralphs-bay-conservation-area-clarification-act-2006/conflicts","importantCases":"/api/acts/ralphs-bay-conservation-area-clarification-act-2006/important-cases","documents":"/api/acts/ralphs-bay-conservation-area-clarification-act-2006/documents"}}