{"id":"tas:sr-2014-084","name":"Proclamation under the Land Use Planning and Approvals Amendment Act 2013","slug":"tas-sr-2014-084","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"84 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":314104,"registerId":"tas-tas:sr-2014-084-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Land Use Planning and Approvals Amendment Act 2013","content":"> Proclamation under the Land Use Planning and Approvals Amendment Act 2013\n\nI, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, by this my proclamation made under [section 2 of the](/view/html/inforce/2026-04-12/act-2013-059#GS2@EN) [Land Use Planning and Approvals Amendment Act 2013](/view/html/inforce/2026-04-12/act-2013-059) fix 3 July 2014 as the day on which sections 14, 15, 16, 17, 18, 19, 24, 28(a) and (b) and 29(a) of that Act commence.\n\n1 July 2014\n\nA. M. BLOW\n\nLieutenant-Governor\n\nBy His Excellency's Command,\n\nPeter Gutwein\n\nMinister for Planning and Local Government\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 3 July 2014","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the substantive scope or text of the Act. It only fixes the commencement date (3 July 2014) for the listed sections, making their existing legal effects operative from that date."},"complexity_factors":["Narrow administrative function: a commencement proclamation rather than substantive amendment","References multiple sections (14–19, 24, 28(a)–(b), 29(a)), requiring review of the Act to assess practical effects","Legal formality: made under section 2 of the Act and notified in the Gazette","Timing decision rests with executive (Lieutenant‑Governor with Executive Council advice), creating a single-point discretion","Compliance and enforcement burdens depend entirely on the content of the commenced sections (not contained in this instrument)"],"plain_english_summary":"This proclamation brings specific parts (sections 14–19, 24, 28(a)–(b) and 29(a)) of the Land Use Planning and Approvals Amendment Act 2013 into force on 3 July 2014. It was made by the Lieutenant‑Governor on the advice of the Executive Council under section 2 of the Act and notified in the Gazette. From that date the legal duties, powers and limits contained in those sections apply to the persons and businesses they regulate; the proclamation sets timing only and does not change the provisions' substance."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Currency of version / Status Information","severity":"medium","reasoning":"A proclamation described as current through 2026 but with a file modification date of 2018 creates a logical tension: either the document has been updated (in which case the modification date is wrong) or it has not (in which case the 'to date' currency claim is misleading as it implies active maintenance and verification rather than mere non-repeal).","confidence":0.65,"description":"The document states it is 'current from 3 July 2014 to date (accessed 8 April 2026 at 1:25)' while simultaneously stating 'File last modified 2 August 2018'. A file that was last modified in 2018 cannot meaningfully be described as current 'to date' in 2026 without acknowledging intervening changes, yet the modification date suggests no updates have occurred since 2018 despite the rolling currency claim."},{"type":"other","section":"Status Information - Update Commitment","severity":"low","reasoning":"A proclamation instrument that merely fixes a commencement date for a parent Act has no substantive content capable of amendment. Promising 3-working-day update cycles for an instrument incapable of substantive change is a logical absurdity embedded in the boilerplate status information.","confidence":0.55,"description":"The instrument states legislation 'is usually updated within 3 working days after a change to the legislation', yet the file was last modified on 2 August 2018. If this is a simple proclamation with no operative provisions of its own (merely commencing another Act), the promise of updates is meaningless and potentially misleading to readers who may rely on it for currency assurance."},{"type":"other","section":"Document Structure / Headings","severity":"low","reasoning":"Duplicate headings in a legal instrument, even if cosmetic, can create interpretive confusion. Courts construing the instrument must determine whether the repetition is intentional (suggesting two discrete sections) or inadvertent. The principle that every part of a legislative instrument should carry meaning is violated by exact duplication.","confidence":0.7,"description":"Every heading in the document is duplicated verbatim (e.g., 'Proclamation under the Land Use Planning and Approvals Amendment Act 2013' appears four times as a heading; 'Status Information' appears twice; 'Currency of version' appears three times; 'Authorisation' appears twice). While likely a rendering or formatting artefact, if treated as a legislative instrument this creates structural ambiguity about which instance of a heading or provision is operative."},{"type":"impossible_compliance","section":"Entire Instrument","severity":"high","reasoning":"A proclamation devoid of an operative clause is a legal nullity on its face. Persons seeking to comply with or rely upon the commencement of the Land Use Planning and Approvals Amendment Act 2013 cannot determine from this instrument alone what provisions are commenced, from what date, or in what circumstances. This is either a serious publication failure or an absurdity in the instrument itself.","confidence":0.8,"description":"The published instrument contains no operative proclamation text whatsoever. A proclamation under an amending Act exists solely to fix a commencement date or bring provisions into force, yet no such operative clause (e.g., 'I hereby proclaim that...') is visible. The instrument is entirely composed of metadata and status information, making it impossible to determine what legal effect, if any, it produces."}],"contradictions":[{"severity":"medium","section_a":"Currency of version: 'current from 3 July 2014 to date (accessed 8 April 2026 at 1:25)'","section_b":"Authorisation: 'File last modified 2 August 2018'","confidence":0.7,"description":"The currency statement implies the instrument has been actively maintained and verified as current through 8 April 2026, while the authorisation metadata discloses the underlying file has not been touched since 2 August 2018. These two claims are in direct tension: currency to 2026 is incompatible with a last-modified date nearly eight years earlier, unless the instrument has simply not been repealed (a passive state) which is materially different from the active currency implied."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no evidence of scope change. This appears to be a straightforward commencement proclamation performing its intended function of activating provisions of the 2013 Amendment Act. No unexpected expansions or restrictions to the original legislative intent are apparent."},"complexity_factors":["The document is purely administrative/procedural — it activates other legislation rather than creating substantive rules itself","No operative legal content is visible in the provided text, only metadata and status information","Proclamations are a standard and relatively simple legal instrument in Australian law","The underlying subject matter (land use planning) can be complex, but this document does not engage with that complexity directly"],"plain_english_summary":"This Proclamation is the Governor of Tasmania’s formal “on switch” that brings specified provisions of the Land Use Planning and Approvals Amendment Act 2013 into effect. It changes when parts of Tasmania’s core planning law start operating.\n\nIt primarily affects property owners, developers, local councils, and planning consultants because it alters how planning approvals and appeals operate — but the file here contains only commencement metadata, not the operative amendment text."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a procedural commencement instrument performing exactly the function intended — bringing specific provisions into force. It has not expanded beyond its original purpose."},"complexity_factors":["Single operative provision (fixing a commencement date)","No defined terms","No conditional logic or exceptions","No cross-references to other legislation (except citation of the parent Act)","Standard proclamation format, approximately 150 words total"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings specific parts of a Tasmanian planning law into effect.\n\n**What it does:**\n- **Activates selected sections** of the *Land Use Planning and Approvals Amendment Act 2013* (a law that changes how land use planning works in Tasmania)\n- **Sets the start date** as **3 July 2014** for the following sections: 14, 15, 16, 17, 18, 19, 24, 28(a) and (b), and 29(a)\n\n**Why this matters:**\nAustralian laws often pass Parliament in one piece, but different parts start at different times. This proclamation is the official \"switch\" that turns on specific provisions. Without this document, those sections would remain inactive.\n\n**Who it affects:**\n- Anyone involved in Tasmanian land use planning (developers, local councils, property owners)\n- The specific sections being activated likely deal with technical planning processes, but you'd need to check the Amendment Act itself to know exactly what changed\n\n**Key point:** This document doesn't create new rules itself — it simply tells everyone when certain previously-passed rules begin to apply."}},"importantCases":[],"_links":{"self":"/api/acts/tas-sr-2014-084","history":"/api/acts/tas-sr-2014-084/history","analysis":"/api/acts/tas-sr-2014-084/analysis","conflicts":"/api/acts/tas-sr-2014-084/conflicts","importantCases":"/api/acts/tas-sr-2014-084/important-cases","documents":"/api/acts/tas-sr-2014-084/documents"}}