The Act operates around two discrete concepts: (1) statutory substitution and incorporation of amendments across multiple statutes and (2) transition/continuity when an institutional name and identity change. Each concept is implemented by tightly worded mechanisms present in the text.

1. Statutory incorporation across multiple Acts and regulations

• Parts 2-21 operate by explicit statement: for each listed Part, “The amendments effected by this Part have been incorporated into the authorised version of the [named Act or regulation]” (see, for example, Parts 2-21 headings and the repeated paragraph text under each Part). The effect of those lines, as a drafting device, is to notify that detailed amendment text has been applied to the authorised versions of the listed statutes/regulations. The named instruments include the Resource Planning and Development Commission Act 1997, Conveyancing and Law of Property Act 1884, Environmental Management and Pollution Control Act 1994, Evidence (Audio and Audio Visual Links) Regulations 2008, Forestry Act 1920, Gas Act 2000, Local Government (Building and Miscellaneous Provisions) Act 1993, Major Infrastructure Development Approvals Act 1999, Marine Farming Planning Act 1995, Mining (Strategic Prospectivity Zones) Act 1993, National Parks and Reserves Management Act 2002, Nature Conservation Act 2002, Public Land (Administration and Forests) Act 1991, Ralphs Bay Conservation Area (Clarification) Act 2006, Roads and Jetties Act 1935, State Policies and Projects Act 1993, Survey Co-ordination Act 1944, Threatened Species Protection Act 1995, Water Management Act 1999 and Wellington Park Act 1993, and the Evidence (Audio and Audio Visual Links) Regulations 2008 (Parts 3-21 and Pt 5 for the Regulations). The Act does not, in the provided text, print the detailed amendment clauses for each instrument; it records that the amendments have been incorporated into the authorised version.

2. Transitional continuity when an institutional identity changes

• Part 22 (s 67) creates an integrated continuity regime. Key elements:
  • Definitions (s 67(1)): “commencement day”, “Principal Act” (the Resource Planning and Development Commission Act 1997), “Resource Planning and Development Commission” (as established under the Principal Act immediately before commencement), and “Tasmanian Planning Commission” (the Commission as established under the Principal Act as amended by this Act).
  • Transfer of membership status (s 67(2)): a person who was a member of the Resource Planning and Development Commission immediately before commencement is to be taken to be a member of the Tasmanian Planning Commission until the expiry of the period specified in the instrument appointing the person under clause 4 of Schedule 2 to the Principal Act, or until the person otherwise ceases under the Principal Act.
  • Continuity of actions, references and legal relationships (s 67(3)-(11)): all acts, matters and things done or omitted by the old Commission are taken to be those of the new Commission (s 67(3)); outstanding references, unfulfilled directions, existing delegations, incomplete hearings, subsisting rights/obligations/liabilities, contracts in force and legal proceedings may be treated as those of or by the Tasmanian Planning Commission (s 67(4)-(10)); references in Acts, planning schemes, instruments or documents to the Resource Planning and Development Commission are taken to be references to the Tasmanian Planning Commission (s 67(11)).

These concepts operate together to ensure legal and administrative continuity when the institutional identity and statutory text change. The Act does this by (a) redefining references and (b) transferring all procedural and substantive continuity items (memberships, delegations, contracts, proceedings, hearings) to the renamed statutory body.

The Act affects multiple discrete categories of persons and instruments. The effects are predominantly organisational and documentational rather than creating new individual obligations or offences.

1. Members of the Resource Planning and Development Commission

• Persons who were members immediately before commencement are directly affected: they are to be taken to be members of the Tasmanian Planning Commission until their existing appointment instrument expires or they otherwise cease under the Principal Act (s 67(2)(a)-(b)). Those individuals must therefore expect continuity of membership status and any attendant statutory duties and entitlements under the Principal Act, subject to the dates and conditions recorded in the instrument under clause 4 of Schedule 2 to the Principal Act.

2. The Resource Planning and Development Commission as institutional actor

• The corporate/legal identity of the Resource Planning and Development Commission is functionally replaced by the Tasmanian Planning Commission. The Commission’s prior acts, delegations, contracts, directions, proceedings, hearings and liabilities (the “institutional stock” of legal relationships) transfer to the Tasmanian Planning Commission by operation of s 67(3)-(10). Entities that had dealings with the Resource Planning and Development Commission (including counterparties to contracts, parties to proceedings, regulators, and persons subject to directions) are affected because the counterparty/regulator reference now points to the Tasmanian Planning Commission.

3. Parties to existing hearings, proceedings and delegations

• Hearings in progress “continue as if” conducted by the Tasmanian Planning Commission (s 67(7)). Delegations in existence on commencement day are taken to be delegations by the Tasmanian Planning Commission (s 67(6)). Proceedings that might have been instituted or continued by or against the Resource Planning and Development Commission may instead be instituted or continued by or against the Tasmanian Planning Commission (s 67(10)). Parties to ongoing litigation, administrative reviews or hearings must therefore recognise the Tasmanian Planning Commission as the operative body.

4. Counterparties to contracts and arrangements

• Contracts, agreements or arrangements entered into by the Resource Planning and Development Commission before commencement and in force on that day are to be treated, for all purposes, as contracts entered into by the Tasmanian Planning Commission (s 67(9)). Counterparties to those contracts experience a change in the legal identity of the other contracting party even though the Act treats the contract as continuous. Such parties should review contract terms (for example, assignment or consent clauses) as their practical rights and remedies will now be exercised against the Tasmanian Planning Commission.

5. Statutes, planning schemes, instruments and documents that refer to the old Commission

• Any reference to the Resource Planning and Development Commission in an Act, planning scheme, instrument or document in force or subsisting on commencement day is taken to be a reference to the Tasmanian Planning Commission (s 67(11)). Those who administer or rely on statutory instruments, planning schemes or private documents must therefore treat historic references to the old body as references to the new body.

6. Administrators of the many named Acts and Regulations amended by the Act

• The Act lists numerous Acts and one set of regulations (see Parts 2-21). Administrators, regulators, local government officers, environmental officers, land title officers, conservation managers and other officials operating under those Acts may be affected to the extent the authorised versions of those instruments now incorporate amendments. The Act, in the provided text, does not detail the content of each amendment; administrators must consult the authorised versions of the relevant Acts listed in Parts 2-21 to see specific operational changes.

In short, the immediate human effect is concentrated on members of the old Commission and on counterparties to existing legal relationships with that Commission; the broader institutional effect is the substitution of the Tasmanian Planning Commission as the operative statutory body across legislative and contractual references.

The Act itself does not create a long list of new operational duties or rights; instead it transfers existing duties, rights and liabilities from one statutory body to another and provides continuity of statutory processes. The key legal effects that create duties or rights are set out in Part 22 (s 67):

• Continuity of membership and attendant duties and rights: s 67(2) makes a person who was a member of the Resource Planning and Development Commission immediately before commencement a member of the Tasmanian Planning Commission until either the appointment instrument expires (as specified in clause 4 of Schedule 2 to the Principal Act) or the person otherwise ceases under the Principal Act. The practical consequence is that statutory duties, immunities, remuneration arrangements and entitlements attached to membership under the Principal Act continue to bind those persons as members of the Tasmanian Planning Commission for the relevant period.

• Continuity of acts and omissions: s 67(3) provides that all acts, matters and things done or omitted to be done by, or done or suffered in relation to, the Resource Planning and Development Commission before commencement are taken to have been done or omitted by, or done or suffered in relation to, the Tasmanian Planning Commission. That transfers the legal consequences , including rights created, statutory determinations made, and prior administrative acts , to the Tasmanian Planning Commission.

• Continuity of references and unfinished business: s 67(4)-(7) treats outstanding references to the old Commission as references to the new Commission; directions given to or by the old Commission which are unfulfilled are taken to be directions to or by the new Commission; delegations in existence become delegations of the new Commission; and hearings not yet completed continue as if conducted by the Tasmanian Planning Commission. These are rights and duties in that persons subject to directions, participants in hearings and recipients of delegated decisions will have to comply with the same processes now administered by the Tasmanian Planning Commission.

• Transfer of rights, obligations and liabilities: s 67(8) transfers all subsisting rights, obligations and liabilities of the Resource Planning and Development Commission to the Tasmanian Planning Commission. That operation places on the successor body all liabilities (contractual, tortious, statutory) that were subsisting immediately prior to commencement, and entitles the successor body to exercise any rights arising before commencement.

• Continuity of contracts and proceedings: s 67(9) treats pre-commencement contracts, agreements or arrangements in force on commencement day as contracts entered into by the Tasmanian Planning Commission; and s 67(10) allows legal or other proceedings that might have been instituted or continued by or against the Resource Planning and Development Commission to be instituted or continued by or against the Tasmanian Planning Commission. Those clauses therefore protect the substantive legal positions of contracting parties and litigants, while changing the named party in contractual and judicial contexts.

• Substitution in statutory and scheme references: s 67(11) changes the referent in any Act, planning scheme, instrument or document in force at commencement from the Resource Planning and Development Commission to the Tasmanian Planning Commission. This produces a rights/duties effect because many statutory duties and powers are triggered by references to the named Commission (for example, referral powers, review functions, certification roles), which will now operate through the Tasmanian Planning Commission.

What the Act does not do in the text provided

• The Act, as presented, does not create discrete new statutory duties, penalties or regulatory licences; it does not set out new procedural rules for public consultation or new fee regimes. Instead, it preserves existing duties and rights attached to the old Commission and causes those to be exercised by the Tasmanian Planning Commission. Any substantive changes to duties and powers must be identified by inspecting the authorised versions of the principal Acts and regulations listed in Parts 2-21.

Those advising affected parties should therefore map existing statutory duties and rights under the Principal Act and the listed statutes to ensure continuity of obligations and to identify any practical consequences arising from the change in institutional identity.

The Act, in the text provided, does not introduce new penalty provisions or enforcement mechanisms specific to itself. Its principal legal mechanics are substitutional and transitional. Consequences for non-compliance with pre-existing statutory obligations will continue to be governed by the substantive statutes that create those obligations and their enforcement and penalty regimes. This follows from the Act’s structure: Parts 2-21 state that amendments have been incorporated into the authorised versions of various Acts and regulations, and Part 22 transfers rights, obligations and existing proceedings to the Tasmanian Planning Commission (see s 67(3), (8)-(10)). The Act therefore effects continuity rather than new sanctioning.

Concrete consequences and where enforcement lives

• Enforcement of duties that arise under the Principal Act (Resource Planning and Development Commission Act 1997 as amended) will continue under the Principal Act but with the Tasmanian Planning Commission substituted as the operative body, because s 67(8) transfers rights, obligations and liabilities and s 67(11) substitutes references. Any penalties, compliance notices, enforcement processes, or review rights created by the Principal Act or by the other Acts listed in Parts 2-21 remain in the relevant instruments; the Act does not displace those mechanisms.

• Where directives or administrative decisions were issued by the Resource Planning and Development Commission and remain unfulfilled at commencement day, s 67(5) takes them to be directions to or by the Tasmanian Planning Commission, meaning enforcement or compliance steps will now be pursued by the successor body.

• Delegations and authorisations in existence at the time of commencement are continued as delegations of the Tasmanian Planning Commission (s 67(6)). Enforcement carried out by delegates will therefore continue under that delegatory framework, albeit with a change of the delegating principal.

Practical notes for enforcement officers and regulated entities

• Because the Act does not modify the substantive enforcement provisions of the listed Acts (at least not in the text provided), parties enforcing or responding to enforcement should consult the authorised versions of the Principal Act and the other Acts named in Parts 2-21 to assess whether any substantive amendments have been incorporated (the Parts say the amendments have been incorporated into authorised versions). The Act makes clear that legal proceedings that could be brought against the old Commission may be brought against the new (s 67(10)), so enforcement actions that were underway should be redocketed against the Tasmanian Planning Commission where necessary.

• There is no express transitional extension or limitation of limitation periods in the text provided. Where limitation or limitation-period questions arise in litigation transferred under s 67(10), parties should consider timelines under the substantive law, noting that the Act intends continuity of rights to bring or continue proceedings.

In summary, penalties and enforcement mechanisms remain those established in the substantive Acts and regulations; this Act provides the legal plumbing so that those mechanisms now operate with the Tasmanian Planning Commission as the relevant statutory actor.

This Act is primarily an interactional instrument: it changes cross-references and transfers administrative and legal continuities between the old and new statutory bodies, and it amends (by incorporation) many Acts and one regulation. The principal interaction mechanisms are explicit in the text.

1. Substitution of institutional references across statutes, schemes and documents

• Section 67(11) expressly treats any reference to the Resource Planning and Development Commission in an Act, planning scheme, instrument or document in force or subsisting on the commencement day as a reference to the Tasmanian Planning Commission. That is a textual substitution mechanism which ensures that all statutory triggers, powers and duties that refer to the named Commission will now be read as referring to the Tasmanian Planning Commission. The direct legal interaction is therefore cross-referential: the same statutory provisions remain effective, but they operate through a differently named entity.

2. Transfer of legal personality in contracts and proceedings

• Section 67(9) treats existing contracts, agreements or arrangements entered into by the Resource Planning and Development Commission and in force on commencement day as contracts entered into by the Tasmanian Planning Commission. That interacts with contract law principles: the legislative direction creates a statutory substitution of contracting party. Section 67(10) interacts with civil procedure and public law processes by permitting proceedings that could have been instituted or continued by or against the Resource Planning and Development Commission to be instituted or continued by or against the Tasmanian Planning Commission.

3. Continuity of administrative processes and delegations

• Section 67(6) takes delegations by the old Commission to be delegations by the Tasmanian Planning Commission. This interacts with statutes that rely on delegated decision-making by the Commission (for example, land-use determinations, referrals, or administrative approvals in the Principal Act or the Acts listed in Parts 2-21). Practically, delegated decision-making chains remain in place but the delegate now acts under the authority of the Tasmanian Planning Commission.

4. Interaction with the Principal Act and clause 4 of Schedule 2

• Section 67(2)(a) expressly refers to “the instrument under clause 4 of Schedule 2 to the Principal Act” when determining the expiry of appointment periods for members. That cross-reference interacts with the Principal Act’s appointment framework; the Act does not re-specify appointment terms but makes their continuance contingent on the existing instrument. Advisers must therefore consult clause 4 of Schedule 2 to the Resource Planning and Development Commission Act 1997 to determine individual appointment expiry dates.

5. Interaction with the authorised versions of multiple Acts and a regulation

• For each instrument named in Parts 2-21, the Act records that amendments effected by the relevant Part have been incorporated into that instrument’s authorised version. Although the text provided does not contain the specific amendment language for each named Act, the legislative design indicates that the authorised versions of those instruments have been updated. Practitioners must therefore read the updated authorised text of each named instrument to identify how the amendments interact with substantive law (for example, whether there are changes to referral thresholds, decision-making procedures, or planning definitions).

6. No express conflict-resolution provision in provided text

• The provided text does not include an express provision resolving conflicts between this Act and other statutes. The substitution mechanism (s 67(11)) is broad, but where the authorised versions of other statutes are amended in a way that changes substantive rights, duties or thresholds, the detailed terms in those authorised versions will govern. Where ambiguity arises between this Act’s substitution/transfer provisions and the detailed text of an amended principal Act, the usual rules of statutory construction and repeal/express provision principles would apply; those rules are not restated in this Act.

In sum, the Act interacts with other laws by substituting the Tasmanian Planning Commission as the referent across statutes, by transferring existing contracts, delegations, hearings and proceedings to the new body, and by notifying that specific amendments have been incorporated into the authorised versions of a range of statutes and one regulation. Practitioners must read the authorised versions of the affected instruments and the Principal Act (including clause 4 of Schedule 2) to identify detailed operational interactions.

The Act itself records (in Parts 2-21) that amendments effected by each Part have been incorporated into the authorised version of a variety of statutory instruments. The provided text does not include earlier versions of the Act or prior amending Acts; it is a stand-alone amending Act. The explicit amendment entries are structured as short, formal entries and repeated across the Parts. Key items as shown in the provided text:

• Short title and commencement (Part 1):

  • s 1 provides the short title: “This Act may be cited as the Resource Planning and Development Commission Legislation (Miscellaneous Amendments) Act 2009.” (s 1).
  • s 2 provides that the Act “commences on a day to be proclaimed” (s 2). There is no commencement date fixed in the text provided; commencement requires proclamation.

• Incorporation-style amendments (Parts 2-21):

  • Part 2: Resource Planning and Development Commission Act 1997 Amended (repeatedly states that the amendments have been incorporated into the authorised version of the Resource Planning and Development Commission Act 1997).
  • Part 3: Conveyancing and Law of Property Act 1884 Amended (amendments incorporated into authorised version).
  • Part 4: Environmental Management and Pollution Control Act 1994 Amended.
  • Part 5: Evidence (Audio and Audio Visual Links) Regulations 2008 Amended.
  • Part 6: Forestry Act 1920 Amended.
  • Part 7: Gas Act 2000 Amended.
  • Part 8: Local Government (Building and Miscellaneous Provisions) Act 1993 Amended.
  • Part 9: Major Infrastructure Development Approvals Act 1999 Amended.
  • Part 10: Marine Farming Planning Act 1995 Amended.
  • Part 11: Mining (Strategic Prospectivity Zones) Act 1993 Amended.
  • Part 12: National Parks and Reserves Management Act 2002 Amended.
  • Part 13: Nature Conservation Act 2002 Amended.
  • Part 14: Public Land (Administration and Forests) Act 1991 Amended.
  • Part 15: Ralphs Bay Conservation Area (Clarification) Act 2006 Amended.
  • Part 16: Roads and Jetties Act 1935 Amended.
  • Part 17: State Policies and Projects Act 1993 Amended.
  • Part 18: Survey Co-ordination Act 1944 Amended.
  • Part 19: Threatened Species Protection Act 1995 Amended.
  • Part 20: Water Management Act 1999 Amended.
  • Part 21: Wellington Park Act 1993 Amended.

• Transitional provisions (Part 22):

  • s 67 contains detailed transitional rules for commencement, membership conversion, transfer of acts/rights/liabilities, continuation of references/hearings, transfer of delegations and contracts, and substitution of references across Acts and instruments.

What this record does not show

• The provided text does not include:
  • the detailed amendment wording for each affected instrument; it only states that the amendments have been incorporated into each authorised version.
  • any prior amending Acts to this Act or a legislative history of successive amendments to this Act itself.
  • any schedules beyond the reference to clause 4 of Schedule 2 to the Principal Act (which is outside the provided text).

Practical consequence for research and compliance

• To trace the exact content of the amendments asserted in Parts 2-21, one must consult the authorised versions of the named Acts and the Evidence (Audio and Audio Visual Links) Regulations 2008. The Act records that those authorised versions reflect the amendments; it does not function as a consolidation in the text provided. Because commencement is by proclamation, the effective date for transfer and substitution provisions will be the proclamation date; practitioners must check the proclamation to know the operative date for transitional effects.

The text provided contains no judicial decisions, case names, citations or reported litigation concerning this Act or the subject matters it amends. The Act itself does not cite any cases, and there is no record in the provided text of litigation that interprets or applies its provisions. Two implications follow from the source material:

1. No cases are named in the Act

• The Act’s content as supplied does not reference any judicial authority, nor does it provide a schedule of judicial interpretations. There are no judgments or litigation outcomes embedded in the text.

2. Practical steps for litigation readiness

• Because the Act effects the substitution of parties in contracts and ongoing proceedings (s 67(9)-(10)), litigants who have existing or potential disputes involving the Resource Planning and Development Commission should be aware that, upon commencement, the Tasmanian Planning Commission becomes the relevant party. That substitution will affect the captioning of proceedings and the party on whom notices and enforcement actions are served. Absent reported litigation in the provided material, practitioners should expect that ordinary civil procedure rules apply to substitution of parties, but the Act itself provides statutory authority for substitution where the other party is the Commission (s 67(10)).

3. Where to look for litigation history outside the text

• To discover any litigation that may have arisen after commencement or cases that interpret these transitional provisions, a researcher would need to search Tasmanian and Australian case law databases for later decisions that mention the Tasmanian Planning Commission or the Resource Planning and Development Commission and for cases that interpret s 67(2)-(11) in practice. That material is not contained in the legislative text provided.

In summary, there is no litigation history in the source document; the Act’s transitional provisions are unlitigated within the provided text. Users requiring case law analysis must consult external case law databases for developments post-commencement.

Several practical risks and pitfalls arise from the Act’s drafting and mechanics as presented. These are not evaluative judgements but descriptions of implementation risks, compliance burdens and points of legal friction that follow from the statutory text.

1. Proclamation commencement uncertainty

• The Act commences “on a day to be proclaimed” (s 2). Until proclamation, none of the transitional effects operate. Parties should not assume a fixed commencement date; administrative and legal actions relying on the substitution or transfer should be timed to the proclamation date. Failure to check the proclamation may lead to premature reliance on the Tasmanian Planning Commission as the operative actor or to missed deadlines.

2. Reliance on appointment instruments (clause 4 of Schedule 2 to the Principal Act)

• Section 67(2)(a) ties the duration of membership conversion to “the period specified in the instrument under clause 4 of Schedule 2 to the Principal Act” appointing the person. Practitioners must consult the appointment instrument created under the Principal Act for each member to determine the exact expiry date. If an appointment instrument contains unusual terms, failing to check it may result in unexpected vacancy or overreach by a person assumed to be a current member.

3. Contractual complications despite statutory treatment

• While s 67(9) treats contracts entered into by the Resource Planning and Development Commission and in force on commencement day “for all purposes” as contracts entered into by the Tasmanian Planning Commission, private contracts sometimes include anti-assignment or consent clauses, or performance obligations keyed to particular institutional characteristics (for example, insurance, creditworthiness or statutory standing). The statutory substitution does not alter private parties’ contractual rights or internal consent procedures; counterparties should review contract terms and seek to confirm performance, insurance assignments, and consent where needed. The Act does not expressly preserve or override private contractual consent requirements; it simply legislatively reassigns the contracting party.

4. Delegations and authorisations continuity risks

• Section 67(6) takes delegations by the old Commission to be delegations by the new Commission. However, some delegations are contingent on the identities of office-holders or specific authorising instruments. Administrators should verify delegation records and, where delegations specify the delegating instrument by name, update the administrative records to avoid confusion about the delegating authority.

5. Ongoing hearings and evidentiary chain

• Section 67(7) continues hearings as if conducted by the Tasmanian Planning Commission. Parties engaged in hearings must ensure that evidentiary records, transcripts, and administrative files are correctly transferred and that procedural rights (for example, rights to cross-examine, apply for adjournment or seek review) are preserved. Administrative failure to transfer files or notify parties of the substitution could create grounds for procedural challenges.

6. References in other instruments and compliance documents

• Section 67(11) substitutes references in Acts, planning schemes or other instruments. However, practical compliance obligations can be tightly worded or linked to forms, notices and licences that explicitly name the old Commission. Administrators and regulated entities should audit licences, permits, planning schemes and forms to ensure the reference substitution is reflected in communications and in systems that rely on the named body. Failure to update systems can lead to misdirected notices or confusion over whom to contact.

7. Liability and insurance considerations

• With s 67(8) transferring all rights, obligations and liabilities, insurers and insurers’ brokers should be notified where the named insured or regulatory counterparty is the Commission. Some insurance policies require notice on change of control or identity of insured public bodies; failing to notify may affect coverage even though the statute transfers liability.

8. No express treatment of limitation periods or statute of limitations

• The Act does not expressly preserve or extend limitation periods. Where claims against the Commission could have been barred by a running limitation period, parties who intend to sue should check whether the substitution affects accrual or limitation timing. The Act’s express permission to continue proceedings (s 67(10)) mitigates some risk, but it does not expressly toll limitation periods.

9. Incomplete disclosure of amendment content in the Act text

• Parts 2-21 state that “The amendments effected by this Part have been incorporated into the authorised version” of the listed Acts, but the detailed amendment text is not printed in the material provided. Users who rely on this Act to discover exact legal changes must consult the authorised versions of the relevant Acts; assuming substantive content from the Part headings alone risks error.

These practical “gotchas” point to the need for administrators, lawyers and regulated entities to undertake careful document audits, verify appointment instruments, check contractual terms for assignment/consent clauses, confirm delegation records, update systems and notify insurers and counterparties before and after commencement.

Compliance under this Act is administrative and document-management centred. The Act’s obligations are mostly incumbent on the outgoing Resource Planning and Development Commission, the incoming Tasmanian Planning Commission, counterparties, regulators and administrators of the Acts named in Parts 2-21. The following steps, grounded in the Act’s text, translate the statutory continuity rules into concrete compliance actions.

1. Confirm commencement date by checking proclamation (s 2)

• Do not assume the Act has commenced. The Act commences “on a day to be proclaimed” (s 2). Compliance steps that depend on the operation of s 67 must be scheduled relative to the proclamation date. Administrators should monitor the Government Gazette or authorised legislative database for the proclamation instrument and record the effective commencement day.

2. Map membership and appointment instruments (s 67(1)-(2))

• For each person who was a member of the Resource Planning and Development Commission immediately before commencement, obtain and review the instrument under clause 4 of Schedule 2 to the Principal Act that appoints the member. Section 67(2)(a) makes the member’s tenure as a Tasmanian Planning Commission member dependent on the period specified in that instrument. Maintain a register of appointment expiry dates and conditions under the Principal Act to manage vacancies and reappointments.

3. Audit delegations, directions and ongoing matters (s 67(3)-(7))

• Compile a comprehensive inventory of:
  • Delegations in force on the commencement day and their terms (s 67(6)). Record the delegating instrument and delegate particulars for each delegation.
  • Directions given to or by the Resource Planning and Development Commission that remain unfulfilled (s 67(5)). Ensure there is a workflow for completion under the Tasmanian Planning Commission.
  • Hearings in progress, including transcripts, evidence, scheduled dates and participants (s 67(7)). Ensure case files are transferred and parties are notified of the substitution of the Commission where procedural rules require notification.

4. Review contracts, agreements and arrangements (s 67(9))

• Identify all contracts, agreements and arrangements in force on the commencement day. For each:
  • Note whether the contract contains anti-assignment, change-of-control or consent clauses that might be triggered by the statutory substitution.
  • If the contract requires consents for novation or assignment, obtain legal advice about whether statutory substitution under s 67(9) operates as a full legal novation or whether counterparties must be notified/consent obtained to preserve contractual risk allocation.
  • Notify counterparties where appropriate to avoid disputes about performance or payment obligations.

5. Manage litigation and proceedings (s 67(10))

• For any legal or other proceedings that were instituted by or against the Resource Planning and Development Commission and remain live:
  • File notices of substitution where required by court or tribunal rules, relying on s 67(10) as statutory authority for substitution.
  • Ensure service addresses, contact officers and counsel instructions reflect the Tasmanian Planning Commission as the correct party.

6. Update statutory references in instruments and documents (s 67(11))

• Undertake an audit of Acts, planning schemes, instruments, forms, licences, permits, guidance materials and internal documents that refer to the Resource Planning and Development Commission and update them to reflect the Tasmanian Planning Commission where required. Although s 67(11) operates to treat old references as references to the Tasmanian Planning Commission, practical compliance requires updating letters, forms and online content to prevent misdirection of communications.

7. Notify stakeholders and update operational systems

• Notify staff, contractors, counterparties, insurers, local governments, planning authorities and relevant ministers or departmental contacts of the change of the statutory name and the transition of legal responsibilities. Ensure IT systems, records management and public-facing materials (websites, online portals, email addresses) are updated in synchrony with the commencement date to prevent administrative errors.

8. Check liability and insurance arrangements (s 67(8))

• Review insurance policies and indemnity arrangements that name the Resource Planning and Development Commission. Where policies require notice of a change in the insured party or a novation, advise insurers promptly and obtain confirmation that coverage continues with the Tasmanian Planning Commission as the insured or named party.

9. Review the authorised versions of the Acts named in Parts 2-21

• The Act records that amendments have been incorporated into the authorised versions of the listed Acts and the Evidence Regulations (Parts 2-21). Compliance requires reading those authorised versions to identify any substantive or procedural changes that affect day-to-day regulatory duties, decision-making thresholds, fees or administrative processes. Do not rely solely on the Part headings in this Act to determine the details of the amendments.

10. Preserve administrative continuity and evidentiary records

• Ensure that administrative records documenting the transfer of functions, delegations, contracts and hearings are preserved and indexed. This will assist in any future challenge about continuity of authority or in responding to requests under administrative law or freedom-of-information regimes.

By following these steps , anchored to the statutory text (notably s 2 and s 67(1)-(11)) and to the obligation to consult the authorised versions of the listed Acts , agencies and stakeholders will cover the principal legal and practical obligations that arise from the institutional substitution and the incorporation-style amendments recorded in this Act.