What it does
This Act declares a defined area of Crown land to constitute the Ralphs Bay Conservation Area and establishes a small, tightly‑focused planning regime around that declaration. Section 3(1) performs the primary legal change: it declares the Crown land described in Schedule 1 to be the reserved land that constitutes the Ralphs Bay Conservation Area, as established by section 17 and item 31 of Schedule 9 to the Regional Forest Agreement (Land Classification) Act 1998 (s 3(1)). Section 3(2) gives that declaration overarching effect by stating it applies notwithstanding any other Act (s 3(2)). Schedule 1 identifies the area as about 171 hectares shown as Lot 1 on Plan 7395 in the Central Plan Register, but excepts from the declaration any 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 (Schedule 1, item 1).
The Act also adjusts the planning assessment machinery for the particular project of State significance. Section 4 empowers the Tasmanian Planning Commission, "in undertaking an integrated assessment" of that project, to determine that part of the Schedule 1 land is necessary or convenient for the project to proceed (s 4). Section 5 permits the Minister responsible for Part 3 of the State Policies and Projects Act 1993 to give a further written direction to the Tasmanian Planning Commission to undertake an integrated assessment despite the limitation in section 20(2) of that Act; and, if the Minister gives such a direction, the earlier direction given to the Resource Planning and Development Commission on 7 August 2006 is revoked (s 5(1)-(2)).
Commencement is staged. Sections 1, 4, 5, 6 and the commencement provision itself commence on Royal Assent; the remaining provisions commence the day after either the Tasmanian Planning Commission submits a report under section 26(1) of the State Policies and Projects Act 1993 recommending the project not proceed, or the Governor makes an order under section 26(6) of that Act that the project may proceed on the conditions specified in the relevant State Policies and Projects order (s 2(1)-(2)). Administration is assigned to the Minister for Primary Industries and Water and that Minister’s department until an Administrative Arrangements order provides otherwise (s 6).
