{"id":"tas:act-2011-020","name":"Sullivans Cove Waterfront Authority (Repeal) Act 2011","slug":"sullivans-cove-waterfront-authority-repeal-act-2011","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"20 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176862,"registerId":"tas-tas:act-2011-020-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 [Sullivans Cove Waterfront Authority (Repeal) Act 2011](/view/html/inforce/2026-04-12/act-2011-020) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on a day to be proclaimed.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Administration of Act","content":"### 3 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":2},{"sectionNumber":"4","sectionType":"section","heading":"Savings and transitional provisions","content":"### 4 Savings and transitional provisions\n\n> [Schedule 1](#JS1@EN) has effect.","sortOrder":3},{"sectionNumber":"5.","sectionType":"section","heading":null,"content":"### 5.\n\n> See [Schedule 2](#JS2@EN) .","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Legislation repealed","content":"### 6 Legislation repealed\n\n> The legislation specified in [Schedule 3](#JS3@EN) is repealed.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Legislation rescinded","content":"### 7 Legislation rescinded\n\n> The legislation specified in [Schedule 4](#JS4@EN) is rescinded.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Legislation revoked","content":"### 8 Legislation revoked\n\n> The legislation specified in [Schedule 5](#JS5@EN) is revoked.","sortOrder":7},{"sectionNumber":"SCHEDULE 1 - Savings and Trans","sectionType":"part","heading":"SCHEDULE 1 - Savings and Transitional Provisions","content":"# SCHEDULE 1 - Savings and Trans SCHEDULE 1 - Savings and Transitional Provisions\n\n[Section 4](#GS4@EN)\n\n> **1.   **Interpretation****\n> \n> > In this Schedule –\n> > \n> > > ***Authority*** means the Sullivans Cove Waterfront Authority in existence immediately before the commencement of this Act;\n> > \n> > > ***HCC*** means the Hobart City Council;\n> > \n> > > ***records***, in relation to the Authority, means registers, papers, documents and other records, however compiled, recorded or stored, that relate to any matter associated with the Authority's roles and functions under the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) , the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) , the [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) and the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) (the \"**associated matters**\") and includes any records pertaining to specific properties within the planning area, within the meaning of the repealed Act, that are relevant to the associated matters;\n> > \n> > > ***repealed Act*** means the [Sullivans Cove Waterfront Authority Act 2004](/view/html/inforce/2026-04-12/act-2004-060) .\n\n> **2.   **Abolition of Authority****\n> \n> > > (1) On the commencement of this Act, the Authority is abolished.\n> > \n> > > (2) The appointment of each member of the Authority is revoked and a member of the Authority is not entitled to receive any benefit in respect of the revocation of his or her appointment as such a member.\n\n> **3.   **Decisions of Authority****\n> \n> > A decision of the Authority under the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) or the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) in force immediately before the commencement of this Act is taken to be a decision of the HCC.\n\n> **4.   **References to Chief Executive Officer of Authority****\n> \n> > A reference to the Chief Executive Officer of the Authority in any permit or other authority granted by the Authority and in force immediately before the commencement of this Act is taken to be a reference to the officer of the HCC determined by the General Manager of the HCC to be the appropriate officer.\n\n> **5.   **Applications for permits****\n> \n> > > (1) An application to the Authority for a permit under the Sullivans Cove Planning Scheme 1997 made before the commencement of this Act that has not been determined by the Authority before that commencement is taken to be an application to the HCC.\n> > \n> > > (2) The period specified in [section 57(6)(b)](/view/html/inforce/2026-04-12/act-1993-070#GS57@Gs6@Hpb@EN) or [58(2) of the](/view/html/inforce/2026-04-12/act-1993-070#GS58@Gs2@EN) [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) commences on the day on which the HCC receives the application referred to in [subclause (1)](#JS1@GC5@Gc1@EN) from the Authority.\n\n> **6.   **Minor amendment of permits****\n> \n> > A request made to the Authority before the commencement of this Act, under [section 56(1) of the](/view/html/inforce/2026-04-12/act-1993-070#GS56@Gs1@EN) [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) , to amend a permit and not dealt with by the Authority before that commencement is taken to be a request to the HCC.\n\n> **7.   **Appeals against decision of Authority****\n> \n> > If an appeal has been lodged under [Division 3 of Part 4 of the](/view/html/inforce/2026-04-12/act-1993-070#HP4@HD3@EN) [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) before the commencement of this Act against a decision of the Authority and has not been determined before that commencement, the appeal is to be dealt with as if the decision were a decision of the HCC.\n\n> **8.   **Rights of appeal****\n> \n> > [*\\[Schedule 1 Amended by No. 12 of 2016, Sched. 1, Applied:01 Jan 2017\\]*](/view/html/inforce/2017-01-01/act-2016-012#JS1@Ja24@GC1@EN) On and after the commencement of this Act, if a person has a right of appeal under [Division 3 of Part 4 of the](/view/html/inforce/2026-04-12/act-1993-070#HP4@HD3@EN) [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) or under the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) or [Building Act 2016](/view/html/inforce/2026-04-12/act-2016-025) against a decision of the Authority, that right continues as if the decision were a decision of the HCC.\n\n> **9.   **Planning scheme amendments****\n> \n> > If the Tasmanian Planning Commission has received a report under [section 39 of the](/view/html/inforce/2026-04-12/act-1993-070#GS39@EN) [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) from the Authority, the consideration by the Tasmanian Planning Commission under [section 40](/view/html/inforce/2026-04-12/act-1993-070#GS40@EN) of that Act continues as if the report had been received from the HCC.\n\n> **10.   **Records of Authority****\n> \n> > The records of the Authority that, before the commencement of this Act, were held by the Authority are, on that commencement, transferred to the custody of the HCC.\n\n> **11.   **Annual report****\n> \n> > > (1) The Department must give the Minister a report on the operation of the Authority for any period that has not yet been reported by the Authority ending on the day immediately preceding the day on which this Act commences.\n> > \n> > > (2) The report is to include the matters specified in paragraphs (a), (b), (c), (d) and (e) of [section 42(2)](/view/html/inforce/2026-04-12/act-2004-060#GS42@Gs2@EN) of the repealed Act.\n> > \n> > > (3) The report is to be appended to the annual report of the Department.\n> > \n> > > (4) [Subclause (3)](#JS1@GC11@Gc3@EN) has effect notwithstanding [section 36(3) of the](/view/html/inforce/2026-04-12/act-2000-085#GS36@Gs3@EN) [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) or [section 27(2) of the](/view/html/inforce/2026-04-12/act-1990-028#GS27@Gs2@EN) [Financial Management and Audit Act 1990](/view/html/inforce/2026-04-12/act-1990-028) .\n\n> **12.   **Proceedings under [section 63 of the](/view/html/inforce/2026-04-12/act-1993-070#GS63@EN) [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070)****\n> \n> > Any proceedings commenced before the commencement of this Act by the Authority against a person for a contravention of [section 63 of the](/view/html/inforce/2026-04-12/act-1993-070#GS63@EN) [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) , and not determined before that commencement, continue as if they had been commenced by the HCC.\n\n> **13.   **Proceedings under [section 64 of the](/view/html/inforce/2026-04-12/act-1993-070#GS64@EN) [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070)****\n> \n> > Any proceedings commenced by the Authority before the commencement of this Act to apply for an order under [section 64 of the](/view/html/inforce/2026-04-12/act-1993-070#GS64@EN) [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) , and not determined before that commencement, continue as if the proceedings had been commenced by the HCC.\n\n> **14.   **Applications, permits, consents, certificates, approvals and authorisations under the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100)****\n> \n> > > (1) Any application under the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) made to the Authority before the commencement of this Act and not determined before that commencement is taken to be an application to the HCC.\n> > \n> > > (2) Any permit, consent, certificate, approval or authorisation granted by the Authority under the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) and in force immediately before the commencement of this Act is taken to have been granted by the HCC.\n\n> **15.   **Notices and orders under the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100)****\n> \n> > Any notice or order made or issued under the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) by the Authority before the commencement of this Act, and in force immediately before that commencement, is taken to have been made or issued by the HCC.\n\n> **16.   **Proceedings under the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100)****\n> \n> > Any proceedings instituted by the Authority under the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) before the commencement of this Act, and not determined before that commencement, are taken to have been instituted by the HCC.\n\n> **17.   **Appeals and applications under the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100)****\n> \n> > Any appeal or application to the Building Appeal Board made under the [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) before the commencement of this Act against a decision of the Authority, and not determined before that commencement, is to be dealt with as if the decision were a decision of the HCC.","sortOrder":8},{"sectionNumber":"SCHEDULE 2 - Consequential Ame","sectionType":"part","heading":"SCHEDULE 2 - Consequential Amendments","content":"# SCHEDULE 2 - Consequential Ame SCHEDULE 2 - Consequential Amendments\n\n[Section 5](#GS5@EN)\n\n> > (a) [Building Act 2000](/view/html/inforce/2026-04-12/act-2000-100) ;\n> \n> > (b) [Marine and Safety Authority Act 1997](/view/html/inforce/2026-04-12/act-1997-015) ;\n> \n> > (c) [Sullivans Cove Waterfront Authority Act 2004](/view/html/inforce/2026-04-12/act-2004-060) ;\n> \n> > (d) [Tasmanian Planning Commission Act 1997](/view/html/inforce/2026-04-12/act-1997-085) .","sortOrder":9},{"sectionNumber":"SCHEDULE 3 - Legislation repea","sectionType":"part","heading":"SCHEDULE 3 - Legislation repealed","content":"# SCHEDULE 3 - Legislation repea SCHEDULE 3 - Legislation repealed\n\n[Section 6](#GS6@EN)\n\n| Sullivans Cove Waterfront Authority Act 2004 (No. 60 of 2004) |","sortOrder":10},{"sectionNumber":"SCHEDULE 4 - Legislation resci","sectionType":"part","heading":"SCHEDULE 4 - Legislation rescinded","content":"# SCHEDULE 4 - Legislation resci SCHEDULE 4 - Legislation rescinded\n\n[Section 7](#GS7@EN)\n\n| Sullivans Cove Waterfront Authority Regulations 2005 (No. 150 of 2005) |\n| Sullivans Cove Waterfront Authority Amendment Regulations 2007 (No. 129 of 2007) |","sortOrder":11},{"sectionNumber":"SCHEDULE 5 - Legislation revok","sectionType":"part","heading":"SCHEDULE 5 - Legislation revoked","content":"# SCHEDULE 5 - Legislation revok SCHEDULE 5 - Legislation revoked\n\n[Section 8](#GS8@EN)\n\n| Proclamation under the Sullivans Cove Waterfront Authority Act 2004 (No. 19 of 2005) |","sortOrder":12}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act appears to do exactly what its title states — repeal the statutory authority responsible for the Sullivans Cove waterfront. There is no indication from the available text that the scope deviated from its original purpose of winding up this single government body."},"complexity_factors":["Repeal legislation is inherently simpler than legislation creating new frameworks","Likely contains transitional provisions (transfer of assets, staff, and liabilities) which add moderate complexity","Interaction with the original enabling Act (the Sullivans Cove Waterfront Authority Act) must be understood for full context","The available text is extremely limited, making it impossible to assess any nuanced provisions that may exist","Scope is narrow — confined to abolishing a single statutory body"],"plain_english_summary":"## Sullivans Cove Waterfront Authority (Repeal) Act 2011\n\nThis Tasmanian law **abolished the Sullivans Cove Waterfront Authority** — the government body responsible for managing and developing the waterfront area around Sullivans Cove in Hobart (the historic harbour precinct near Salamanca Place and Constitution Dock).\n\n**What this means in practice:**\n- The Authority ceased to exist as a separate government body\n- Its functions, assets, and responsibilities were presumably transferred to another government agency or department\n- Any staff, contracts, or ongoing projects the Authority was managing would have needed to be reassigned\n\n**Who does this affect?**\n- Businesses, tenants, and operators in the Sullivans Cove waterfront precinct who previously dealt with the Authority\n- Hobart residents and visitors who use the waterfront area\n- Government staff who worked for the Authority\n\n**Why does it matter?** Repealing a statutory authority (a body created by law to do a specific job) changes *who* is responsible for overseeing an important public space. Whoever took over the Authority's role now controls planning, leasing, and development decisions in one of Hobart's most visited and economically significant precincts.\n\n**Note:** The available text of this Act is limited, so specific transition arrangements (e.g., exactly which agency took over) cannot be confirmed from this excerpt alone."},"issue_detection":{"absurdities":[{"type":"other","section":"Title/General","severity":"medium","reasoning":"A repeal Act typically performs its function at commencement and becomes spent. The existence of a Table of Amending Instruments and a version currency date extending to 2026 implies the Act has been amended after its primary operative effect, which is logically peculiar for a spent instrument. Either the Act contains transitional provisions of sufficient complexity to warrant amendment, or the ongoing version currency is administrative overhead applied mechanically to a functionally inert instrument.","confidence":0.62,"description":"A Repeal Act that has been amended and continues to have an active version 'current from 1 January 2017 to date' suggests an Act whose sole purpose is to repeal another Act has itself required ongoing legislative maintenance, raising questions about what substantive content remains to amend in a pure repeal instrument."},{"type":"other","section":"General/Publication metadata","severity":"low","reasoning":"The currency statement implies continuous currency through to access date, but the modification timestamp anchors the last actual change to May 2024. These two statements are not strictly contradictory but create a logical tension: the instrument is held out as 'current' in a way that implies recent validation, yet the last modification predates the access date by nearly two years. This is a metadata integrity issue rather than a substantive drafting flaw.","confidence":0.45,"description":"The Act is described as 'current from 1 January 2017 to date (accessed 5 April 2026 at 13:18)' yet the file was 'last modified 14 May 2024'. If the version is current to the access date of 5 April 2026, it logically cannot have been last substantively modified in May 2024 while simultaneously being presented as current and up-to-date in April 2026, unless no changes have occurred — in which case the version currency statement is misleadingly dynamic."}],"contradictions":[{"severity":"low","section_a":"Title — 'Sullivans Cove Waterfront Authority (Repeal) Act 2011'","section_b":"Status Information — 'Version current from 1 January 2017 to date'","confidence":0.55,"description":"A pure repeal Act is logically spent upon commencement — it performs its sole operative function (repealing the parent Act) at a single point in time. Yet the instrument is maintained as a living, versioned document with an ongoing currency date and a Table of Amending Instruments, implying it has ongoing operative effect inconsistent with its character as a repeal instrument."}]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: abolishing the Sullivans Cove Waterfront Authority and transferring its functions to the Hobart City Council. The scope has not expanded beyond this administrative reorganization."},"complexity_factors":["Multiple schedules (5) handling different types of legislative instruments (repeal, rescission, revocation)","17 detailed transitional provisions in Schedule 1 covering various scenarios (pending applications, appeals, proceedings, records transfer)","Cross-references to at least 6 other Acts (Land Use Planning and Approvals Act 1993, Building Act 2000, Building Act 2016, State Service Act 2000, Financial Management and Audit Act 1990, etc.)","Specific handling of different types of legal instruments (permits, consents, certificates, notices, orders)","Amendment note indicating subsequent changes (No. 12 of 2016 affecting clause 8)","Nested definitions in Schedule 1 with recursive references (e.g., 'records' definition refers back to 'associated matters')"],"plain_english_summary":"This Act abolishes the Sullivans Cove Waterfront Authority (SCWA), a Tasmanian government body that managed planning and building approvals for Hobart's waterfront precinct. All of the Authority's functions, staff, records, and ongoing legal matters are transferred to the Hobart City Council (HCC). The Act ensures a smooth handover by:\n\n- **Abolishing the Authority** and revoking all member appointments without compensation\n- **Transferring decisions** already made by the Authority to the HCC\n- **Redirecting pending applications** for permits and building approvals to the HCC\n- **Continuing legal proceedings** and appeals as if they involved the HCC instead\n- **Transferring all records** to the HCC\n- **Repealing** the original Sullivans Cove Waterfront Authority Act 2004 and related regulations\n\nThis effectively returns waterfront planning and building control to the local council, ending the special Authority that had managed this area separately since 2004."},"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/sullivans-cove-waterfront-authority-repeal-act-2011","history":"/api/acts/sullivans-cove-waterfront-authority-repeal-act-2011/history","analysis":"/api/acts/sullivans-cove-waterfront-authority-repeal-act-2011/analysis","conflicts":"/api/acts/sullivans-cove-waterfront-authority-repeal-act-2011/conflicts","importantCases":"/api/acts/sullivans-cove-waterfront-authority-repeal-act-2011/important-cases","documents":"/api/acts/sullivans-cove-waterfront-authority-repeal-act-2011/documents"}}