State Policies and Projects Act 1993

The Act builds around a small set of recurring legal concepts. Key terms and concepts are defined and then drive the mechanics of the statute.

• State Policy. Defined as a Tasmanian Sustainable Development Policy (s 3(1)). A State Policy must further Schedule 1 objectives, deal with a matter of State significance (in the Minister’s opinion), maintain consistency across the State, and incorporate the minimum amount of regulation necessary (s 5(1)(a)-(d)). State Policies may cover sustainable development, land use planning, land management, environmental management and protection, and prescribed matters (s 5A).

• Commission. The Tasmanian Planning Commission is integral to both State Policies and project assessment processes. It prepares reports on draft State Policies when directed by the Minister (s 6), must undertake integrated assessments of declared projects when directed (s 20), prepares State of the Environment Reports (s 29) and otherwise performs functions imposed under the Act (s 30).

• Project of State significance. Eligibility for the Part 3 regime requires a project to possess at least two enumerated attributes such as significant capital investment, significant environmental impact, or significant infrastructure requirements (s 16(1)). Integrated assessment is defined as consideration of environmental, social, economic and community issues relevant to the project (s 16(2)).

• Integrated assessment and report. Once the Governor has declared a project of State significance (s 18), the Minister must direct the Commission to undertake an integrated assessment (s 20(1)). The Commission must exhibit a draft integrated assessment report and accept representations (ss 22-23), consider representations and hold hearings (s 24), and then report and recommend whether the project should proceed and on what conditions (s 26(1)-(2)).

• Orders and deemed approvals. The Governor may make orders declaring a project of State significance (s 18) and later make orders approving a project on the terms recommended by the Minister (s 26(6), (8)). An order approving a project may specify conditions and is expressed to have the effect of deeming permits, licences or approvals to have been issued under the Acts specified in the order, and the relevant agencies are required to enforce those conditions to the extent of their powers (s 27(1)(b)-(c)).

• Override and amendment of planning instruments. Where a State Policy is inconsistent with a planning scheme or interim order, the latter is void to the extent of the inconsistency (s 13(1)). Similarly, when an order approving a project takes effect the Commission must amend relevant planning schemes or orders to remove inconsistencies and those amendments are not subject to the Land Use Planning and Approvals Act 1993 processes (ss 13(3)-(5); 27A(1)-(3)).

• Parliamentary oversight and timing. State Policies and many orders are subject to notification, laying before Parliament and approval by both Houses (s 11(5)-(8); s 18(4)-(6); s 26(9)). Interim State Policies can be declared for up to 12 months unless terminated (s 12).

• Limits on review and enforcement rights. The Act limits appeals, proceedings and orders of review under the Judicial Review Act 2000 in respect of matters arising from conditions specified in orders under Part 3 (s 28(1)(a)-(c)), while allowing persons to require agencies to enforce those conditions (s 28(2)).

• Delegation and binding effect. The Minister may delegate implementation of a State Policy to another Minister (s 13A). State Policies bind the Crown and councils (s 13C). State Policies may also require statutory authorities or office holders to undertake specified activities provided those requirements are not inconsistent with their statutory functions (s 13B).

• Adoption by reference of external standards. State Policies may adopt standards, rules, codes and documents of other bodies, including post‑commencement amendments, wholly or in part, by reference or with modification (s 13D). This allows the Minister/State Policy to incorporate external technical standards without fresh parliamentary enactment.

These concepts interact to create a two‑track system: State Policies set high‑level objectives and standards for resource management and planning across the State; the Part 3 project regime creates a specialised approval pathway for projects declared of State significance that can displace ordinary planning and approval rules and curtail some forms of judicial review, while imposing conditions enforced by named agencies (ss 5-15A; 16-28; 27).

The Act assigns roles and obligations across public bodies, project proponents, local councils, statutory authorities and the public. Key affected actors and how they are affected, with statutory references, are as follows.

• The Crown and Ministers. The Crown is bound by State Policies (s 13C). The Minister (to whom administration is assigned until otherwise ordered, s 48(a)) decides whether matters are of State significance (s 5(1)(b)), may recommend State Policies and orders to the Governor (ss 11(3), 26(5), 26(7)), must review State Policies every five years (s 15(1)), may publish guidelines (s 17), and may delegate the implementation of State Policies to another Minister (s 13A). The Governor makes orders on ministerial recommendation (ss 11(4), 18(2), 26(6)/(8)).

• The Commission. The Tasmanian Planning Commission is the Act’s principal implementing agency. It must prepare reports on draft State Policies when directed (s 6), undertake integrated assessments when directed (s 20(1)), publish and exhibit drafts and receive representations (ss 6(2), 22-23), consider representations and hold hearings (ss 9, 24), prepare State of the Environment Reports every five years (s 29), and generally perform functions imposed by the Act (s 30).

• Project proponents. Any person proposing to undertake a project (s 16(2) definition) that meets at least two of the attributes in s 16(1) may be declared a project of State significance by ministerial recommendation and gubernatorial order (s 18). Once declared, normally the ordinary approvals and consents otherwise required under other Acts or planning schemes do not apply to the extent of the order (s 19(1)). Proponents must engage in the integrated assessment process (ss 20, 22-26), may be required by orders to apply for other permits (s 27(4)), and may be subject to conditions and enforcement by agencies identified in orders (s 26(2)(c); s 27(1)(c)).

• Councils and agencies. The Commission must notify the council of the municipality and each agency with an interest that an integrated assessment is being undertaken (s 21(1)). Councils and agencies may make submissions within 28 days of notification (s 21(2)). Councils are bound by State Policies (s 13C) and will have planning schemes amended by the Commission to incorporate State Policies or to remove inconsistencies (s 13(3), 27A(1)). Agencies may be specified in orders as responsible for enforcement of conditions (s 26(2)(c); s 27(1)(c)).

• Statutory authorities and statutory office holders. State Policies may require statutory authorities or office holders to undertake activities specified in the policy (s 13B(1)), but not where such requirements would be inconsistent with their statutory functions (s 13B(3)). Definitions in s 13B clarify what is meant by statutory authority and statutory functions.

• The public and interested persons. The Act provides for public exhibition of draft State Policies and draft integrated assessment reports (s 6(2)(a); s 22). Any person may submit representations to the Commission during exhibition periods (ss 8, 23). However, the Commission is not required to take action under the Act and representations are invalid unless fees prescribed by regulation have been paid (s 47).

• Parliament. Both Houses have a formal oversight role: State Policies and many orders must be laid before each House and are of no effect until approved by both Houses (s 11(6)-(8); s 18(4)-(6); s 26(9)). In some circumstances an order approving a project is of no effect until approved by resolution of each House (s 26(9)), and the Clerk must publish notice of such resolutions (s 26(10)).

Who pays. Fees for actions, submissions or representations are to be prescribed by regulation and collected under regulations made under s 46; the Commission is not required to take action or accept submissions unless fee requirements are complied with (s 46(2)(a)(i)-(ii); s 47). The text therefore contemplates a fee burden on persons lodging submissions or seeking action under the Act.

Who decides. Decisions about declaring a State Policy (Minister recommendation and Governor making), designating projects of State significance (Minister recommendation and Governor making), specifying conditions and enforcement agencies (Commission recommendation; Minister decision within 28 days; Governor order) and whether amendments are significant (Commission advice; Minister determination under s 15A) are distributed across the Minister, Commission and Governor, with Parliament retaining approval roles for many final orders (ss 5, 6, 11, 18, 20, 26, 15A).

The Act changes incentives and allocation of authority: it centralises decision‑making on State Policies and major projects in the State executive and the Commission, limits ordinary local and statutory consent routes where orders apply (s 19(1)), creates a mechanism for conditions to be enforced by named agencies (s 27), and places a cost barrier to submissions through fees (s 47). It also grants the Minister and Commission discretion to determine consultation processes and whether modifications require fresh exhibition (s 10; s 20(4)).

This Act creates duties on Ministers, the Commission, agencies, councils, proponents and the public. It also creates rights such as rights to make representations and, in limited form, rights to require enforcement of conditions.

Duties

• Ministerial duties. The Minister must review each State Policy at least once every five years (s 15(1)). Where a draft State Policy or an amendment is submitted, the Minister may direct the Commission to report on it (s 6(1); s 15A(2)). After receipt of a Commission report on a draft State Policy, the Minister may recommend to the Governor the making of a State Policy (s 11(3)). Where the Commission reports on a project, the Minister must make a decision within 28 days (s 26(4)), and may recommend to the Governor the making of an order in accordance with the report (s 26(5)). The Minister must cause State Policies and Commission reports to be laid before each House within specified timeframes (ss 11(6); 26(3); 29(2)-(3)).

• Commission duties. The Commission must prepare reports directed by the Minister on draft State Policies (s 6(1)). When directed to undertake integrated assessment of a project, the Commission must do so in accordance with the direction, publish a draft integrated assessment report in consultation with councils and agencies, exhibit it for at least 28 days, advertise the exhibition, consider representations and hold hearings if required, and submit a report to the Minister on whether a project should proceed and on what conditions (ss 20-26; s 22(a)-(b); s 24(1)-(3)). The Commission must also prepare State of the Environment Reports at five‑year intervals and submit them to the Minister (s 29(1)-(2)). The Commission is further obliged, after a State Policy comes into operation, to amend planning schemes and special planning orders to incorporate relevant parts of the State Policy and remove inconsistencies (s 13(3), (5)).

• Agency and council duties. When notified that the Commission is undertaking an integrated assessment, councils and agencies may make submissions within 28 days or such longer period as the Commission allows (s 21(2)). When an order approves a project, the agencies specified for enforcement must enforce the conditions to the extent of their powers (s 27(1)(c)).

• Proponent duties. Proponents may be required by an order to apply for other permits, licences or approvals as necessary for the project to proceed (s 27(4)). Proponents of projects declared of State significance must engage in the integrated assessment process and respond to exhibition and hearing processes (ss 20, 22-25). If the Commission proposes revocation of an s 18 order under s 28A, the Commission must give the proponent a draft report before submitting it to the Minister and accept written submissions within 14 days (s 28A(2)-(4)).

Rights

• Right to make representations. Any person may submit representations in relation to a draft State Policy during the 8‑week exhibition (s 6(2)(a); s 8) and in relation to a draft integrated assessment report during the exhibition period of at least 28 days (ss 22(a); 23). The Commission must consider those representations and may hold hearings (ss 9; 24).

• Right to require enforcement. While the Act limits appeals and judicial review in respect of matters arising from conditions specified in orders (s 28(1)), s 28(2) preserves the right, for a person who would have had a right to require an agency to enforce a condition, to take action to require the agency to enforce that condition. In other words, private enforcement against agencies remains a route for some rights.

• Parliamentary oversight rights. Parliament has the right to disallow or refuse to approve State Policies and many orders. A State Policy or order is of no effect until approved by both Houses (ss 11(7); 18(5); 26(9)), and specific disallowance periods are set out (e.g. s 11(8), s 18(6), s 26(9)).

Limitations on rights and duties

• Fees. The Commission is not required to take action, and submissions are not valid, unless fee requirements made under regs are complied with (s 47). Regulations may set payment and remission/exemption rules for fees (s 46(2)(a)(i)-(ii)). This converts what would otherwise be a free‑standing right to make representations into a contingent right subject to fee compliance.

• Limits on judicial review and appeals. The Act expressly excludes appeals, proceedings and orders of review under the Judicial Review Act 2000 in respect of matters arising from conditions in orders under Part 3 (s 28(1)(a)-(c)). That limitation is subject to s 28(2), which preserves the ability for persons to require agencies to enforce conditions where that right would otherwise exist.

• Statutory authority limits. Although State Policies may require statutory authorities to undertake activities, such requirements cannot be inconsistent with the statutory functions or powers of those authorities (s 13B(3)). This preserves the primacy of underlying statutory mandates over State Policy directions.

Enforcement mechanisms

• Criminal penalties exist for contravention of State Policy provisions or requirements: summary conviction, fine not exceeding 500 penalty units, and for continuing contraventions additional fines up to 50 penalty units per day (s 14(1)-(2)).

• Orders approving projects create deemed permits and require the specified enforcement agency to enforce conditions to the extent of its powers (s 27(1)(b)-(c)). The Commission’s reports must identify the Act under which each condition would normally be imposed and the agency responsible for enforcement (s 26(2)(b)-(c)).

Together these duties and rights create a statutory system where policy is set and projects are assessed and approved by the State executive and the Commission, with public participation channels (subject to fees), enforcement allocated to named agencies, and constrained routes for judicial review in respect of specified matters.

Penalties

• Contravention of State Policies. Section 14 expressly makes it an offence to contravene or fail to comply with a provision of a State Policy or a requirement or obligation imposed under a State Policy (s 14(1)). The specified penalty on summary conviction is a fine not exceeding 500 penalty units (s 14(2)). For continuing contraventions, the convicted person is liable to additional daily fines up to 50 penalty units per day for the duration of the continuing offence, and if the contravention continues after conviction the person may be guilty of a further offence with additional daily fines (s 14(2)(a)-(b)).

• Criminal enforcement only. The Act frames contravention as an offence punishable on summary conviction; the text does not create a separate civil penalty regime for breaches of State Policies beyond criminal fines and the other enforcement pathways described below.

Administrative enforcement and deemed approvals

• Deemed permits and agency enforcement. A core enforcement mechanism for projects of State significance is the deeming effect of an approving order. Where an order under s 26 takes effect, the order may specify conditions, and for each condition a permit, licence or approval is deemed to have been issued under the Act specified in the order; that Act then applies as if such authorisation had been issued on those conditions (s 27(1)(b); s 27(2)(b); s 27(3)(b)). The agency specified as responsible for enforcement must enforce the condition to the extent of its powers (s 27(1)(c)). The Commission’s report must identify the relevant Act and the agency responsible for enforcement for each condition (s 26(2)(b)-(c)).

• Agency action to enforce. Even though orders can limit the operation of other Acts and planning schemes (s 19(1)), enforcement of conditions becomes an agency responsibility where the order specifies one. Section 27(1)(c) requires the specified enforcement agency to enforce the conditions, subject to the extent of its statutory powers.

• Private action to require enforcement. Section 28(2) preserves, for persons who would otherwise have rights under other law, the ability to require an agency to enforce a condition specified in an order. That is, while appeals and judicial review in respect of conditions are curtailed (s 28(1)), private parties can still pursue agency enforcement in appropriate circumstances (s 28(2)).

Limits on judicial review and appeals

• Exclusion of appeals and judicial review. Section 28(1) provides that, subject to s 27 and notwithstanding any other Act, a person is not entitled to appeal to a tribunal or court, nor bring other action or proceeding, nor have an order of review made under the Judicial Review Act 2000, nor obtain a declaratory judgment, in respect of any matter arising out of or relating to conditions specified in orders made under s 26(6), s 26(8), s 26A or s 26B. The text therefore removes ordinary appeal and certain judicial review avenues in relation to those matters.

• Parliamentary disallowance as a control. Many orders are of no effect until approved by both Houses of Parliament (s 26(9) for certain orders). Where an order is subject to parliamentary approval, Parliament’s mechanisms for disallowance function as a check. The Act sets out the timelines and processes for laying orders and publishing notices where parliamentary approval is involved (s 26(10); s 26A(9)-(10); s 26B(12)-(13)).

Evidentiary and judicial notice provisions

• Evidentiary ease. Section 44 provides that evidence of a State Policy may be given in court or tribunal by production of a document purporting to be a copy certified as a true copy by a person authorised in writing by the Commission. Section 45 requires courts and tribunals to take judicial notice of a State Policy without formal proof of its contents. These provisions streamline litigation where State Policies are relevant by reducing formal proof requirements.

Regulatory powers to set fees and allocate administrative duties

• Regulations and fees. The Governor may make regulations for purposes of the Act, including provision for payment and collection of fees by any person in relation to acts under the Act and remission or exemption from liability for such fees (s 46(1)-(2)(a)(i)-(ii)). Regulations may authorise matters to be determined by the Minister, the Commission or another person performing duties under the Act (s 46(2)(c)). The Commission is not required to take action and submissions are not valid unless fee requirements under the regulations are complied with (s 47). This creates an administrative enforcement lever via fees and the capacity to withhold statutory process until fees are paid.

Interplay of criminal and administrative enforcement

• The Act relies heavily on administrative enforcement routed through orders and agency action, with criminal penalties available for contravention of State Policy obligations (s 14) that are not necessarily the primary enforcement tool for project‑specific conditions. Where orders deem approvals and assign enforcement responsibility to agencies, enforcement will typically proceed within the powers of those agencies; criminal penalties for State Policy breaches exist as an additional deterrent for non‑compliance.

Practical enforcement consequences

• For proponents, an approving order provides legal certainty that specified conditions are the governing authorisations (s 27(1)(b)); it also places the onus on named enforcement agencies to ensure compliance (s 27(1)(c)). For third parties, the Act narrows judicial options (s 28(1)) but preserves the right to require agency enforcement (s 28(2)). For agencies, enforcement duties may change in scope where orders deem permits and specify conditions to be enforced “to the extent of their powers” (s 27(1)(c)), and agencies will be publicly identified in Commission reports and orders (s 26(2)(c); s 26(3)).

The Act contains multiple express interactions with other statutes and instruments. Those interactions reallocate regulatory competence, override or disapply ordinary processes in some circumstances, and integrate other statutory regimes into orders.

Planning law and instruments

• Planning schemes and interim orders. Where a State Policy is inconsistent with a planning scheme or interim order at the time the State Policy comes into operation, the planning scheme or order is void to the extent of the inconsistency (s 13(1)). The Commission must amend planning schemes or special planning orders to incorporate relevant parts of a State Policy and remove inconsistencies when a State Policy comes into operation, and such amendments are not subject to the Land Use Planning and Approvals Act 1993 (s 13(3)-(4)). Similarly, after an order approving a project under s 26 takes effect, the Commission must, in consultation with the relevant planning authority, amend any relevant planning scheme or special planning order to remove inconsistencies and those amendments are also not subject to the Land Use Planning and Approvals Act 1993 (s 27A(1)-(2)). Amendments made by the Commission are deemed to have come into operation on the date the State Policy or order came into operation (s 13(5)(a); s 27A(3)(a)).

• Ordinary approvals and consents. When an s 18 order declaring a project of State significance is made, the provisions of any Act, planning scheme or interim order requiring approval, consent or permission or empowering a body to grant or refuse consent, prohibiting a use or development, or regulating it, do not apply unless the order is revoked (s 19(1)). This creates a statutory override of other approvals while the order is in force.

Judicial review and other remedies

• Judicial Review Act 2000. Section 28(1)(c) expressly states that no order of review may be made under the Judicial Review Act 2000 in respect of any matter or thing arising out of or relating to conditions specified in orders made under specified sections. The Act therefore narrows judicial review rights with respect to conditions attached to orders approving projects under the Part 3 regime.

• Declaratory judgments and appeals. Section 28(1)(a)-(d) prevents appeals, other actions or proceedings and declaratory judgments “in respect of any matter or thing arising out of or relating to the conditions” specified in orders under s 26/26A/26B. Those limitations operate notwithstanding the provisions of any other Act, subject to s 27.

Inter‑governmental and Commonwealth measures

• National environment protection measures. A national environment protection measure made under the National Environment Protection Council (Tasmania) Act 1995 is taken to be a State Policy and to have been approved by both Houses of Parliament, and the procedural rule in s 15 does not apply to such a measure (s 12A(1)-(2)). That mechanism incorporates Commonwealth or inter‑governmental NEPMs directly into the State Policy framework.

• Financial Management Act 2016. Section 18(3A)(b) brings entities within the meaning of the Financial Management Act 2016 within a special parliamentary requirement: if any proponent is the Crown in right of Tasmania or an entity within the meaning of the Financial Management Act 2016, the s 18 order must include a requirement that any s 26 order is of no effect until that s 26 order has been approved by resolution of each House of Parliament (s 18(3A)(a)-(b)). This links Part 3 approval procedures to the fiscal governance framework for Crown‑related proponents.

Regulations and delegated instruments

• Regulations under the Act. The Governor may make regulations for the purposes of the Act (s 46(1)), including provision for fees and authorising specified persons to determine matters authorised by the regulations (s 46(2)). Regulations may therefore shape the operational cost of participation and delegate administrative authority.

• Adoption by reference of external standards. State Policies may adopt standards, rules, codes, specifications and similar documents of any approved body either specifically or by reference (s 13D(1)-(2)). The Act explicitly allows inclusion of standards published, made or amended before or after the State Policies and Projects Amendment Act 1997; it thereby enables State Policies to incorporate external technical regimes without direct amendment of primary legislation.

• Rules Publication Act 1953. Section 12(4) states that the Rules Publication Act 1953 does not apply to a notice declaring an interim State Policy under s 12(1), so the usual publication formalities under that Act are displaced for interim State Policy notices.

Other statutes referenced for context

• Land Use Planning and Approvals Act 1993. The Act provides that words and expressions used both in this Act and in the Land Use Planning and Approvals Act 1993 have the same meanings unless a contrary intention appears (s 3(2)). The Land Use Planning Act is also expressly disapplied to amendments made by the Commission under s 13(4) and s 27A(2).

• Administrative Arrangements Act 1990. Until administration is otherwise ordered under that Act, administration of this Act is assigned to the Minister for Environment and Land Management and the relevant Department (s 48).

• Judicial notice and evidentiary provisions. Sections 44-45 facilitate the treatment of State Policies as public instruments for purposes of proceedings in courts and tribunals.

Practical effects of these interactions

• The Act creates legislative preemption in defined circumstances: State Policies can void inconsistent planning provisions (s 13(1)) and project orders can displace ordinary approval regimes for specified uses and developments (s 19(1)), with the Commission authorised to amend planning instruments accordingly outside the ordinary planning amendment procedures (s 13(4); s 27A(2)).

• It integrates external regulation by permitting State Policies to adopt technical standards and by taking certain national environment protection measures to be State Policies (s 12A; s 13D), linking State policy to Commonwealth and other bodies’ standards.

• The Act narrows judicial remedies for matters arising from conditions specified in orders while keeping administrative enforcement via agencies and parliamentary scrutiny in place (ss 26-28; s 27).

These cross‑references and disapplications reallocate authority and create a streamlined State‑level pathway for high‑impact projects, while preserving specified institutional checks (Parliamentary approval, agency enforcement) and limiting some judicial review avenues.

The text as supplied shows multiple amendments across several years. The Act has been the subject of staged amendment and repeal of provisions; the schedule of amendments recorded in the text indicates the following notable changes and insertion points. The list below is confined to the amendment references contained in the supplied statutory text.

• No. 54 of 1995 (s 65): Inserted s 12A making national environment protection measures taken to be State Policies (s 12A inserted by No. 54 of 1995).

• No. 85 of 1997, State Policies and Projects Amendment Act 1997 (many schedule references). Multiple sections were amended or replaced by No. 85 of 1997 (Sched. 4 applied 01 Jan 1998), including: s 3(1) definitions (Commission), s 5, s 6 subsections, s 8-11 procedural subsections, s 12, s 13 subsections and new subsections (3A, 3B), s 14, s 15 replacement, s 20 subsection amendments, s 21-26 changes to Commission duties and timelines, s 29 amendments, s 30 substituted, and many repeals of earlier Part 5 subsections and schedules. The 1997 amendment package appears to have restructured the Commission’s functions and refined the integrated assessment process (as recorded repeatedly: “[Section X amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998]”).

• No. 21 of 1997 (applied 01 Aug 1997): Inserted ss 5A, 13A-13D, 13B-13C reforms concerning matters to be contained in State Policies, delegation, binding of statutory authorities, binding on Crown and councils, and adoption by reference. Section 15A (amendment procedure) was inserted by No. 21 of 1997 (s 12). Section numbering throughout reflects amendments by No. 21 of 1997.

• No. 3 of 2005 (applied 12 Apr 2005): Substituted s 16 and inserted ss 18A and 18B and s 27A, adjusting the definition of projects of State significance, expanding content of s 18 orders (s 18A) and continuing application despite changes in proponents (s 18B), and added s 27A on amendment of planning schemes to remove inconsistencies.

• No. 54 of 2000 (Sched. 4 applied 01 Dec 2001 as per note): Amended s 28(1)(c) to reference the Judicial Review Act 2000, thereby explicitly excluding orders of review under that Act (s 28(1)(c) amended by No. 54 of 2000, Sched. 4, Applied:01 Dec 2001).

• No. 44 of 1998 (applied 18 Dec 1998): Inserted and amended provisions (notably added ss 26A and 26B regarding additional conditions and amending orders, and substituted s 27). These amendments set out post‑approval additional condition procedures and amending order processes including parliamentary laying and disallowance windows (ss 26A; 26B; s 27 substitution by No. 44 of 1998).

• No. 16 of 2023 (applied 31 Aug 2023): Inserted s 18(3A) adding a requirement that orders under s 26 be of no effect until approved by resolution of each House of Parliament where a proponent is the Crown in right of Tasmania or an entity under the Financial Management Act 2016; amended s 26 provisions with ss 6A and other gating rules reflecting parliamentary approval requirements for Crown proponents.

• No. 17 of 1996, No. 88 of 1995, No. 37 of 1996, No. 77 of 1995 and other earlier amending Acts are referenced as having amended or repealed certain sections or schedules prior to the larger 1997 and later packages. For example, references in the text indicate s 31 and other sections were amended by No. 88 of 1995, No. 37 of 1996, No. 77 of 1995, and s 15 was substituted by No. 21 of 1997.

• Schedule repeals. Schedules 2 and 3 were repealed by No. 85 of 1997 (Applied 01 Jan 1998), as indicated in the Schedule notes.

What the amendment notes tell us about legal evolution

• The Act was substantially reworked in the late 1990s (notably 1997 and 1998) with further refinements in the 2000s and most recently in 2023. Revisions introduced delegation mechanisms, clarified Commission functions and the integrated assessment pathway, created special amending order procedures (26A/26B), inserted parliamentary gating in certain Crown‑proponent cases (2023), and integrated national environment protection measures. Several provisions were inserted to allow the Commission and the Minister to manage the significance and amendment process with specified timelines.

Limitations of this summary

• The supplied statute text contains in‑line amendment annotations only; it does not provide full explanatory materials, second reading speeches or regulatory instruments enacted under s 46. This list therefore reports amendment references visible in the source text and the substantive insertions or substitutions they effected, as recorded in the Act’s marginal notes and section headers.

The supplied statutory text does not include judicial decisions, reported cases, or summaries of litigation challenging the Act, its provisions or administrative acts under it. There are no cases named or discussed in the text provided. The Act does, however, include provisions that affect litigation pathways and judicial oversight:

• Section 28(1) restricts appeals and orders of review under the Judicial Review Act 2000 in respect of matters arising out of or relating to conditions specified in orders under ss 26(6), 26(8), 26A or 26B. That provision is a statutory limitation on judicial review and appeals for a defined class of matters; its legal operation and limits are matters that would be shaped by case law, but no case law appears in the supplied text.

• Sections 44 and 45 give State Policies streamlined evidentiary status and judicial notice in courts and tribunals, which affects how State Policies are treated in litigation; again, application and boundaries would be developed by courts, but the supplied text does not supply any judicial exposition.

• The Act preserves a private right to require agency enforcement of conditions even where other review paths are limited (s 28(2)). The practical efficacy and scope of that preserved right would be a matter for courts where disputes arise.

Because the source provided contains no litigation history or case citations, researchers seeking authoritative judicial interpretations, tests applied by courts to s 28 limitations or delimitation of the Commission’s duties under ss 20-26 will need to consult case law databases and independent legal reports. The statutory text itself sets the legal rules and the pathways for challenge, but not the judicially developed doctrines that might define their contours.

The Act contains several provisions that create procedural traps, legal constraints, or uncommon legal consequences parties should be aware of. The following items identify specific “gotchas” grounded in the statutory text, with section citations.

• Fees can invalidate submissions and halt process (s 47; s 46). The Commission is not required to take action and any submission or representation lodged under the Act is not valid unless any regulatory fee requirements are complied with (s 47). Regulations may prescribe fees or exemptions (s 46(2)(a)). Practitioners should ensure fee rules under regulations are checked and complied with before lodging submissions; failure to do so can render the submission procedurally invalid.

• Ministerial opinion threshold to make State Policies and declare State significance (s 5(1)(b); s 18(1)). The Act requires the Minister to be “of the opinion” that a matter is of State significance to make a State Policy and permits the Minister to recommend that a project be declared a project of State significance if the Minister considers it so (s 5(1)(b); s 18(1)). These are discretionary gates; the Act does not prescribe strict objective tests for the Minister’s opinion beyond the attributes enumerated in s 16(1). This means ministerial discretion is central and may be exercised without mandatory judicially enforceable criteria in the Act.

• Override of other Acts and planning schemes while order in force (s 19(1)). Where an order under s 18(2) declaring a project of State significance has been made, many provisions of other Acts and planning schemes that would normally regulate the use or development do not apply unless the order has been revoked (s 19(1)). Parties relying on ordinary local controls should note those controls can be suspended by the State order.

• Deeming of permits and delegated enforcement (s 27). An approving order may deem permits, licences or approvals to have been issued under the Acts specified in the order, and requires the agency specified as responsible to enforce conditions “to the extent of its powers” (s 27(1)(b)-(c)). The practical effect is that conditions specified in orders, and the enforcement roles named in them, become the operative regulatory instruments. Parties should note who is named as enforcement agency and the scope of its powers.

• Limits on judicial review and appeals for matters arising from conditions in orders (s 28). The Act removes the right to appeal, bring other proceedings or obtain review under the Judicial Review Act 2000 in respect of matters arising out of or relating to conditions specified in orders under Part 3 (s 28(1)). That is a significant procedural limitation. However, s 28(2) preserves the right for persons who would otherwise have had a right to require an agency to enforce a condition to take action to require the agency to enforce it, so the enforcement pathway is partly preserved in administrative rather than judicial form.

• Parliamentary approval timing and effect (ss 11(7)-(8); 18(5)-(6); 26(9)). Many State Policies and orders are “of no effect” until approved by both Houses, and disallowance or failure to be disallowed within specified sitting day windows leads to deemed approval (e.g. s 11(8)). Where temporary interim State Policies are declared (s 12), they may be terminated and are time‑limited to 12 months unless earlier ceased (s 12(3)(d)). Practitioners should track laying and disallowance timetables closely; an apparently effective order or policy may be void until parliamentary approval is obtained.

• State Policies may bind statutory authorities but subject to statutory functions (s 13B). State Policies can require statutory authorities and office holders to undertake specified activities (s 13B(1)) but not where such requirements are inconsistent with statutory functions or powers (s 13B(3)). This creates a potential compliance tension when State Policy instructions collide with statutory mandates; statutory functions prevail.

• Adoption by reference of external standards and post‑commencement amendments (s 13D). State Policies may adopt external standards, codes or management plans by reference and include subsequent amendments whether made before or after the relevant Amendment Act (s 13D(1)-(2)). This can import standards outside the State’s standard parliamentary process and incorporate future changes automatically. Users should identify which external documents are adopted and whether their amendment cycles create shifting compliance obligations.

• Commission’s power to dispense with public exhibition (s 20(4)). Where a project has been publicly notified under another law, a direction to the Commission can require it to dispense with the public exhibition of a draft integrated assessment report (s 20(4)). This can shorten or remove a public exhibition step where other notification forms exist, reducing the opportunity window for third‑party input.

• Orders can be amended or additional conditions imposed after approval (ss 26A, 26B). The Commission may recommend additional conditions after an initial order has been made (s 26A(1)). Amending orders and additional conditions have processes for publication and parliamentary scrutiny, and can take effect immediately unless subject to parliamentary disallowance windows (ss 26A(8)-(10); 26B(11)-(13)). This means approvals are not necessarily final in their entirety and further conditions may be imposed post‑approval.

• Interim State Policies and exclusion from the Rules Publication Act (s 12(4)). Notices declaring interim State Policies are exempt from the Rules Publication Act 1953 (s 12(4)), which may affect customary publication and challenge timelines customary for subordinate instruments.

• Criminal penalties for non‑compliance with State Policies (s 14). Contraventions of State Policies attract summary conviction penalties up to 500 penalty units and continuing daily fines (s 14(2)). That is a significant punitive sanction and applies to State Policy obligations.

Read these “gotchas” against the formal statutory text and timelines. Many of the operational risks and strategic choices hinge on the content of regulations, Commission directions, and the specific content of orders and State Policies as made under the Act.

Compliance under this Act means both adhering to State Policies and engaging correctly in the integrated assessment and order processes for projects of State significance. The following is a practical, source‑grounded checklist for proponents, councils, agencies and advisers based on the statutory text.

For proponents considering major projects

1. Determine whether the project potentially meets the s 16(1) attributes. A project is eligible as a project of State significance if it possesses at least two attributes listed in s 16(1) (e.g. significant capital investment, significant environmental impact, complex technical processes).

2. Monitor Gazette notices and Commission publications. The Minister may recommend and the Governor may make an order declaring a project of State significance (s 18(1)-(3)); such orders are required to be published in the Gazette (s 18(3)). Guidelines on the development approval process will be published under s 17; the Minister must publish them in the Gazette and lay them before Parliament (s 17(1)-(3)).

3. Prepare for integrated assessment requirements. If an s 18 order is made, the Commission must undertake an integrated assessment on Ministerial direction (s 20(1)). The direction may set matters to be addressed, the process and timeframes (s 20(3)). The Commission may be directed before parliamentary approval of the s 18 order (s 20(2A)), so start preparatory work early.

4. Budget for and pay any prescribed fees. Regulations may require payment of fees for actions, submissions or representations under the Act, and the Commission is not required to take action nor accept submissions that do not comply with fee rules (s 46(2)(a); s 47). Confirm fee schedules in the regulations and comply before lodging material.

5. Produce and submit the information the Commission will expect. The Commission prepares a draft integrated assessment report in consultation with councils and agencies and exhibits it for at least 28 days; any submissions received under s 21(2) are to be placed on exhibition with the draft (s 22). The integrated assessment must seek to further the Schedule 1 objectives and be undertaken in accordance with State Policies (s 20(5)(a)-(b)). Prepare environmental, social, economic and community impact analyses as defined in s 16(2).

6. Engage in hearings and representations. Any person can make representations during exhibition (s 23). The Commission will consider representations and may hold hearings (s 24). If the Commission proposes to revoke an s 18 order under s 28A, it must give the proponent a draft report and allow 14 days for written submissions (s 28A(2)-(4)). Maintain records and evidence to respond during those windows.

7. Anticipate conditions and enforcement agencies. The Commission’s report must specify conditions, the Act and permit/licence in which each condition would normally be imposed, and the agency responsible for enforcement (s 26(2)(a)-(c)). Build compliance plans that align with the likely enforcement mechanisms and ensure implementation capacity aligns with the named enforcement agency’s powers.

8. Track ministerial and parliamentary timetables. The Minister must decide within 28 days of receiving a Commission report (s 26(4)). If a s 26 order is made, in some cases it is of no effect until approved by resolution of each House of Parliament (s 26(9)), particularly where specified by s 18(3A) for Crown or financial management entities. Monitor laying before Parliament and disallowance windows.

For councils and agencies