{"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 See [Schedule 2](#JS2@EN) .","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Legislation repealed","content":"### 6 Legislation repealed\n\n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 The legislation specified in [Schedule 3](#JS3@EN) is repealed.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Legislation rescinded","content":"### 7 Legislation rescinded\n\n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 The legislation specified in [Schedule 4](#JS4@EN) is rescinded.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Legislation revoked","content":"### 8 Legislation revoked\n\n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":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act is narrowly focused: it abolishes the Sullivans Cove Waterfront Authority, repeals the enabling statute and associated instruments, and provides savings and transitional arrangements to transfer functions, records and proceedings to the Hobart City Council. It does not expand into new policy areas or add powers beyond completing that transfer; the consequential amendments and rescissions are ancillary to that single purpose."},"complexity_factors":["Short Act: 8 numbered sections plus 5 schedules concentrating transitional detail","4 defined terms in Schedule 1 (Authority; HCC; records; repealed Act)","Many cross-references to external statutes (Land Use Planning and Approvals Act 1993; Building Act 2000; Building Act 2016; State Service Act 2000; Financial Management and Audit Act 1990; Tasmanian Planning Commission Act 1997, Marine and Safety Authority Act 1997)","Multiple transitional categories: permits/applications, minor amendments, appeals, prosecutions/enforcement, records custody, annual reporting (Schedule 1, cls 3–17)","Commencement by proclamation and pending administrative reassignment (s 2; s 3) introduces timing uncertainty","Specific revocation clause with no entitlement to benefit for members (Schedule 1, cl. 2(2))","Consequential amendments and explicit rescission/revocation of related regulations and proclamation (Schedules 2–5)"],"plain_english_summary":"**What this Act does (mechanically)**\n\n- Repeals the Sullivans Cove Waterfront Authority Act 2004 and abolishes the Sullivans Cove Waterfront Authority (the Authority) on commencement (Schedule 3; Schedule 1, cl. 2).\n- Until any administrative reassignment is made under the Administrative Arrangements Act 1990, the Act is administered by the Minister for Planning and the Department of Justice (s 3).\n- Transfers the Authority’s legal functions, records and pending regulatory matters to the Hobart City Council (HCC):\n  - Decisions the Authority made under the Land Use Planning and Approvals Act 1993 and the Building Act 2000 are treated as HCC decisions (Schedule 1, cl. 3).\n  - Pending applications to the Authority for permits or under the Building Act 2000 (including requests to amend permits) become applications to the HCC (Schedule 1, cls 5, 6, 14).\n  - Pending appeals, proceedings and enforcement actions that were begun by or against the Authority continue as if they had been begun by or made against the HCC (Schedule 1, cls 7, 12, 13, 16, 17).\n  - Records held by the Authority are transferred into the custody of the HCC on commencement (Schedule 1, cl. 10).\n  - A reference to the Authority’s Chief Executive Officer in existing permits is read as a reference to the HCC officer the HCC General Manager identifies (Schedule 1, cl. 4).\n- Requires the Department to produce a final report on the Authority’s unreported period and append it to the Department’s annual report, despite other reporting or financial-management provisions (Schedule 1, cl. 11).\n- Rescinds and revokes associated regulations and a proclamation made under the repealed Act (Schedules 4 and 5).\n- Lists consequential amendments to other statutes that are relevant to the repeal (Schedule 2).\n\n**Who it affects**\n\n- The abolished Authority and its members (appointments revoked; members are not entitled to a benefit because of the revocation — Schedule 1, cl. 2(2)).\n- Hobart City Council, which becomes the effective decision-maker and custodian for matters, records and proceedings previously handled by the Authority (Schedule 1, multiple clauses).\n- Individuals and companies with existing or pending permits, applications, appeals, notices, prosecutions or orders involving the Authority — their matters continue but are dealt with by the HCC under the same statutory regimes (Schedule 1, cls 3, 5–7, 12–17).\n- The Department (must prepare and append the final Authority report — Schedule 1, cl. 11).\n\n**Why it matters (stated purpose and mechanical implications)**\n\n- The Act’s stated effect is to terminate the separate statutory body (the Authority) that administered planning/building matters in Sullivans Cove and to fold those legal powers and records into the local council (HCC). That is achieved by direct statutory transfer and a set of savings/transitional rules (Schedule 1).\n\n- Practical consequences and points to watch:\n  - Decision-making authority and administrative burden shift from the Authority to the HCC (see Schedule 1, cls 3, 14–17). That transfers the costs of processing applications, defending or pursuing proceedings, and managing records to the HCC.\n  - Continuity is protected: pending applications, appeals and proceedings do not fall away but proceed as HCC matters (Schedule 1, cls 5–7, 12–17). This reduces legal uncertainty for affected parties but requires accurate transfer of records and files (Schedule 1, cl. 10).\n  - The Act explicitly revokes Authority appointments without compensatory benefit (Schedule 1, cl. 2(2)), which creates an immediate personal loss for those appointees and may raise implementation or dispute risk if individuals assert entitlement under other instruments.\n  - The Department must prepare and attach a final report on the Authority even if other reporting or financial-management rules would usually limit disclosure or timing (Schedule 1, cl. 11). That imposes a discrete administrative task on the Department and a minor compliance cost.\n  - Some practical details are left to administrative action: the HCC General Manager determines which HCC officer replaces references to the Authority CEO in existing permits (Schedule 1, cl. 4); the Act also awaits a proclamation to commence (s 2) and allows the Administrative Arrangements Act to reassign formal administration (s 3), which creates short-term procedural uncertainty about exact lines of responsibility until those steps occur.\n\n**Costs, incentives and trade-offs (mechanisms, not judgments)**\n\n- Who pays: the HCC inherits operational costs of processing applications, maintaining records and conducting or defending legal proceedings that the Authority previously handled; the Department bears the one-off reporting obligation (Schedule 1, cl. 11).\n- Who decides: statutory decision-making powers formerly exercised by the Authority are read as HCC decisions (Schedule 1, cl. 3). The HCC General Manager decides which officer stands in for the Authority CEO in existing instruments (Schedule 1, cl. 4).\n- Behavioural effects: developers and property owners will deal with the HCC instead of the Authority for planning and building approvals, appeals and compliance matters (Schedule 1, cls 3, 5, 14–17). Authority members lose office and any continuing role (Schedule 1, cl. 2).\n- Implementation risks and administrative friction: accurate transfer of records (Schedule 1, cl. 10), determination of the appropriate HCC officer for legacy permits (cl. 4), and timing uncertainty until proclamation or administrative arrangements are finalised (s 2; s 3).\n\n**Concrete legal mechanics to note**\n\n- The Act preserves statutory rights and deadlines by treating transferred matters as if they originated with the HCC (e.g. appeal rights, statutory time periods for determinations — Schedule 1, cls 3, 5, 8, 14–17).\n- The Act expressly repeals the primary statute and associated regulations and proclamations listed in Schedules 3–5, so there is no parallel statutory authority continuing.\n\n(References in parentheses are to the Act’s Schedule and clause or numbered section.)"},"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":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"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":"The Act abolishes the Sullivans Cove Waterfront Authority, ending its role as the statutory manager and developer of Hobart’s historic waterfront. Its functions, assets and responsibilities were transferred elsewhere in government, requiring reassignment of staff, contracts and projects.\n\nThis affects businesses, tenants, visitors and residents who dealt with the Authority and shifts who makes planning, leasing and development decisions for a key public precinct."},"issue_detection":{"absurdities":[],"contradictions":[]}},"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"}}