{"id":"tas:sr-2015-001","name":"Proclamation under the Land Use Planning and Approvals Amendment Act 2013","slug":"tas-sr-2015-001","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"1 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":313998,"registerId":"tas-tas:sr-2015-001-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 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 1 February 2015 as the day on which the heading to Part 3, and sections 10, 22, 28(d), 29(b) and (c), 30, 31, 32 and 33, of that Act commence.\n\n27 January 2015\n\nC. WARNER\n\nGovernor\n\nBy Her 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 30 January 2015\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation does not change the substance or reach of the Land Use Planning and Approvals Amendment Act 2013. It only fixes the date on which specified provisions (the heading to Part 3 and sections 10, 22, 28(d), 29(b) and (c), 30, 31, 32 and 33) commence (proclamation text: \"fix 1 February 2015 as the day on which the heading to Part 3, and sections ... commence\")."},"complexity_factors":["Narrow functional scope — instrument only fixes a commencement date for provisions (low substantive legal complexity).","Multiple specific references — proclamation names the heading to Part 3 and several discrete sections (10, 22, 28(d), 29(b)–(c), 30–33), which requires precise cross‑checking against the parent Act.","Formal commencement mechanism — exercise of executive power by the Governor acting with advice of the Executive Council adds a protocol step.","Administrative formalities — Gazette notice and Department of Justice administration create procedural compliance tasks for officials.","Immediate operational effect — regulated parties must comply from the stated date, creating short‑term readiness requirements for councils, applicants and developers."],"plain_english_summary":"**What it does:** This proclamation sets 1 February 2015 as the day specified parts of the Land Use Planning and Approvals Amendment Act 2013 begin to operate. That makes the rights, duties and procedures in those parts legally effective from that date.\n\nWho it affects and why it matters: The change mainly affects Tasmanian land‑use actors (for example, developers, local councils and planning applicants) because they must comply with the activated rules; commencement was fixed by the Governor with Executive Council and is administered by the Department of Justice."},"issue_detection":{"absurdities":[{"type":"other","section":"Currency of version","severity":"medium","reasoning":"If the access date is 8 April 2026 but the file was last modified 16 August 2023, the system is asserting currency up to April 2026 while simultaneously disclosing it has not been touched since August 2023. This creates an internal tension: either the document has been current and unchanged for over 2.5 years (possible but worth flagging given the stated 3 working day update policy), or the currency claim is misleading.","confidence":0.65,"description":"The document states it is 'current from 30 January 2015 to date (accessed 8 April 2026 at 1:23)' but the file was last modified on 16 August 2023, meaning the 'to date' currency claim extends approximately 2.5 years beyond the last known modification into a future date."},{"type":"retroactive_impossibility","section":"Status Information / Currency of version","severity":"low","reasoning":"Proclamations bring Acts or provisions into force. A 2013 amending Act with a 2015 commencement proclamation implies either that the Act sat dormant for up to two years, or that certain provisions had independent commencement. The document provides no clarity on what was operative between 2013 and 30 January 2015, leaving a potential compliance vacuum.","confidence":0.6,"description":"The proclamation purports to be made under the Land Use Planning and Approvals Amendment Act 2013, yet the proclamation instrument itself is numbered SR-2015-001, indicating it was not made until 2015. A proclamation under a 2013 Act made in 2015 may have created a gap period where the Amendment Act was in force but not yet proclaimed, raising questions about which provisions (if any) were operative in the interim."},{"type":"other","section":"Entire document structure","severity":"low","reasoning":"An authoritative legal instrument containing duplicated operative text could theoretically be read as imposing obligations or conferring status twice, or alternatively as internally inconsistent if the duplicated instances ever diverged. This is almost certainly a publication error rather than a drafting flaw, but it undermines the document's reliability as a definitive source.","confidence":0.85,"description":"The document contains extensive verbatim repetition of every heading and section (e.g., 'Status Information Status Information', 'Currency of version Currency of version', 'Authorisation Authorisation'). While likely a rendering/formatting artefact, if treated as the authoritative legislative text, each provision would be duplicated, creating ambiguity as to which instance is operative."}],"contradictions":[{"severity":"medium","section_a":"Currency of version — '3 working days' update policy","section_b":"Currency of version — 'accessed 8 April 2026' with file last modified 16 August 2023","confidence":0.7,"description":"The document promises the legislation is 'usually updated within 3 working days after a change to the legislation', yet asserts currency up to 8 April 2026 despite the file not having been modified since 16 August 2023. If any changes occurred between August 2023 and April 2026, the 3-working-day commitment would have been breached. If no changes occurred, the blanket currency assertion is unverifiable from the document itself."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A proclamation is a purely mechanical instrument — its sole purpose is to trigger commencement of a pre-existing Act. There is no scope to change from original intent; it does exactly what proclamations are designed to do."},"complexity_factors":["Very narrow in scope — purely a commencement instrument with no substantive legal content of its own","Requires cross-referencing the parent Amendment Act (Land Use Planning and Approvals Amendment Act 2013) to understand what changes are actually being commenced","The extracted text is heavily duplicated/formatted oddly, making it harder to identify the operative content","No technical legal drafting complexity beyond standard proclamation form"],"plain_english_summary":"This Proclamation is a formal notice by the Governor of Tasmania bringing parts of the Land Use Planning and Approvals Amendment Act 2013 into effect. It determines the official start date (affecting planning rules from 30 January 2015) and so decides which set of planning and development rules apply to property owners, councils and planning professionals handling approvals."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a standard commencement proclamation performing exactly the function intended — bringing specific provisions into force. The scope has not expanded beyond the original purpose of the parent Act."},"complexity_factors":["Single operative clause fixing a commencement date","No defined terms","No conditional logic or exceptions","No cross-references to other legislation beyond citation of the parent Act","Standard proclamation format — essentially a formal administrative notice"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings specific parts of a Tasmanian planning law into force on a particular date.\n\n**What it does:**\n- The Governor of Tasmania (acting on ministerial advice) has declared that **1 February 2015** is the day when certain sections of the *Land Use Planning and Approvals Amendment Act 2013* officially start operating.\n\n**Which parts of the law are starting:**\n- The heading to **Part 3**\n- **Sections 10, 22, 28(d), 29(b) and (c), 30, 31, 32 and 33**\n\n**Why this matters:**\n- Laws often pass Parliament in one piece but **start at different times**. This proclamation \"switches on\" specific provisions so they become legally binding.\n- Without this proclamation, those sections would remain inactive (\"dormant\") even though Parliament already passed them.\n- This is common in planning law, where government may want to prepare regulations or give industry notice before new rules take effect.\n\n**Who it affects:**\n- Anyone involved in Tasmanian land use planning — developers, local councils, planning tribunal members, and property owners — who must now comply with these newly active provisions from 1 February 2015 onwards."}},"importantCases":[],"_links":{"self":"/api/acts/tas-sr-2015-001","history":"/api/acts/tas-sr-2015-001/history","analysis":"/api/acts/tas-sr-2015-001/analysis","conflicts":"/api/acts/tas-sr-2015-001/conflicts","importantCases":"/api/acts/tas-sr-2015-001/important-cases","documents":"/api/acts/tas-sr-2015-001/documents"}}