Part 2General provisions

# Part 2 General provisions > **2.   **A1**** > > > > (1) If a condition specified in this order requires the approval of a relevant document, that relevant document must be – > > > > > > > > (a) prepared by a suitably qualified person; and > > > > > > > > > (b) approved by the Secretary after consulting with the relevant regulator for the condition – > > > > > > before the relevant document is relied upon for a use or development of the Project or as otherwise specified in the condition. > > > > > (2) A relevant document approved in accordance with [subclause (1)](#JS1@HS2@GC2@Gc1@EN)  – > > > > > > > > (a) forms part of the conditions specified in this order; and > > > > > > > > > (b) must be complied with under this order. > **3.   **A2**** > > > > (1) As soon as is practicable after a relevant document is approved in accordance with condition A1, including, but not limited to, a copy of a relevant document that has been amended, a copy of the relevant document must be provided to each relevant regulator for the condition to which the relevant document relates. > > > > > (2) If a condition specified in this order – > > > > > > > > (a) requires a relevant document to be prepared to the satisfaction of a person or agency; or > > > > > > > > > (b) allows a requirement of the condition to be varied to the satisfaction of a person or agency – > > > > > > the person or agency must provide written notice, that the person or agency is so satisfied, to each relevant regulator for the condition to which the relevant document, or requirement, relates. > > > > > (3) A document required to be provided to a person, agency or relevant regulator under this condition must be provided – > > > > > > > > (a) when whichever of the following occurs first: > > > > > > > > > > > > (i) in the case of a requirement under [subclause (1)](#JS1@HS2@GC3@Gc1@EN) in respect of the document, within 14 days after the approval of the document; > > > > > > > > > > > > > (ii) in the case of a requirement under [subclause (2)](#JS1@HS2@GC3@Gc2@EN) , within 14 days after the written notice is provided under that subclause; > > > > > > > > > > > > > (iii) before works are performed to which the condition relates; or > > > > > > > > > (b) as otherwise specified in the condition. > **4.   **A3**** > > > > (1) A relevant document that is approved in accordance with a condition under this order must be made publicly available except where the publication of the relevant document may – > > > > > > > > (a) create a risk to the security or safety of persons, property or the environment; or > > > > > > > > > (b) cause damage to the commercial interests of a person. > > > > > (2) A relevant document that is made publicly available in accordance with [subclause (1)](#JS1@HS2@GC4@Gc1@EN) must remain publicly available – > > > > > > > > (a) if the document relates to the construction of the Project – for at least 2 years after the Project reaches practical completion; and > > > > > > > > > (b) if the document relates to the operation or use of the Stadium and surrounding areas – while that document is in force in respect of that operation or use. > **5.   **A4**** > > > > (1) The Secretary is to establish and maintain a register of each approval or amendment of a relevant document. > > > > > (2) A person or agency that approves or amends a relevant document in accordance with this order is to notify the Secretary of the approval or amendment. > > > > > (3) A notification under [subclause (2)](#JS1@HS2@GC5@Gc2@EN) is to – > > > > > > > > (a) specify the document so approved or amended; and > > > > > > > > > (b) include the reasons why the person or agency made that decision; and > > > > > > > > > (c) contain a summary of – > > > > > > > > > > > > (i) the decision; and > > > > > > > > > > > > > (ii) the information that the person or agency relied upon to make the decision; and > > > > > > > > > > > > > (iii) any consultation undertaken by the person, or agency, in respect of the decision. > > > > > (4) The register is to contain the information provided under [subclause (3)](#JS1@HS2@GC5@Gc3@EN) . > > > > > (5) The Secretary is to cause a copy of the register kept under [subclause (1)](#JS1@HS2@GC5@Gc1@EN) to be tabled in each House of Parliament, within 10 sitting days after the end of each quarter, for a period of 7 years beginning on the commencement of this order. > **6.   **A5**** > > > > (1) The Stadium is approved to be used for – > > > > > > > > (a) events and operations such as – > > > > > > > > > > > > (i) sporting matches and events, concerts, performances, functions and social or community events; and > > > > > > > > > > > > > (ii) commercial operations including, but not limited to, restaurants, cafes and bars; and > > > > > > > > > (b) events where the number of patrons at the event does not exceed – > > > > > > > > > > > > (i) in the case of a concert, performance or similar event – 31 500 patrons; or > > > > > > > > > > > > > (ii) in any other case – 24 500 patrons. > > > > > (2) [Subclause (1)(b)](#JS1@HS2@GC6@Gc1@Hpb@EN) does not apply to an event if – > > > > > > > > (a) the Secretary has approved the event as a special event; and > > > > > > > > > (b) the number of patrons at the event does not exceed 38 000 patrons; and > > > > > > > > > (c) the Secretary has approved, in respect of the event – > > > > > > > > > > > > (i) a Special Event Management Plan; and > > > > > > > > > > > > > (ii) a Special Event Transport Management Plan. > > > > > (3) For the purposes of [subclause (2)](#JS1@HS2@GC6@Gc2@EN)  – > > > > > > > > (a) a Special Event Management Plan means a management plan that – > > > > > > > > > > > > (i) has been prepared in respect of an event approved as a special event under [subclause (2)(a)](#JS1@HS2@GC6@Gc2@Hpa@EN) ; and > > > > > > > > > > > > > (ii) contains all the matters required to be included in the Events Management Plan, under condition D7, as those matters relate to the special event; and > > > > > > > > > (b) a Special Event Transport Management Plan means a management plan that – > > > > > > > > > > > > (i) has been prepared in respect of an event approved as a special event under [subclause (2)(a)](#JS1@HS2@GC6@Gc2@Hpa@EN) ; and > > > > > > > > > > > > > (ii) contains all the matters required to be included in the Operational Transport Management Plan as those matters relate to the special event. > **7.   **A6**** > > > Each of the following parties must be consulted during the preparation of the Construction Environmental Management Plan, the Operational Noise Management Plan under condition D12, the Events Management Plan under condition D7 and a Special Event Management Plan under condition A5 in respect of how those plans relate to noise and vibration: > > > > > > (a) the Baha’i Centre of Learning; > > > > > > > (b) the Federal Group; > > > > > > > (c) the Hobart City Council; > > > > > > > (d) the Returned and Services League of Australia (Tasmania Branch); > > > > > > > (e) the Tasmanian Symphony Orchestra; > > > > > > > (f) TasPorts; > > > > > > > (g) the University of Tasmania. > **8.   **A7**** > > > The Construction Environmental Management Plan, the Operational Noise Management Plan under condition D12 and the Events Management Plan under condition D7 must be reviewed by a person who – > > > > > > (a) is registered as a Chartered Professional Engineer with the Institution of Engineers Australia; and > > > > > > > (b) is a member of, or is eligible for membership with, the Australian Acoustical Society. > **9.   **A8**** > > > If attended measurements are required under a condition specified in this order, all noise and vibration measurements must be undertaken in accordance with the *Noise Measurement Procedures Manual* published by the EPA in July 2009, as amended or substituted from time to time. > **10.   **A9**** > > > > (1) The Secretary is to establish a panel, called the Design Quality and Integrity Review Panel which is to consist of at least 3 members and no more than 5 members. > > > > > (2) The members of the Design Quality and Integrity Review Panel – > > > > > > > > (a) must collectively have experience in the following areas: > > > > > > > > > > > > (i) architecture; > > > > > > > > > > > > > (ii) landscape architecture; > > > > > > > > > > > > > (iii) urban design; > > > > > > > > > > > > > (iv) historic cultural heritage; > > > > > > > > > > > > > (v) design review of major public realm and infrastructure projects; and > > > > > > > > > (b) must include – > > > > > > > > > > > > (i) a State Service officer or State Service employee who is employed or engaged for the purposes of providing strategic advice on architecture or urban design; and > > > > > > > > > > > > > (ii) a person, nominated by Heritage Tasmania, who has expertise in historic cultural heritage; and > > > > > > > > > > > > > (iii) a person with expertise in landscape architecture. > > > > > (3) The Design Quality and Integrity Review Panel is responsible for – > > > > > > > > (a) reviewing the architectural, landscaping and urban design solutions for the Project at the earliest opportunity during the design process; and > > > > > > > > > (b) providing feedback to the Proponent to assist in the effective finalisation of the design prior to the approval of the following in respect of the Project: > > > > > > > > > > > > (i) the Public Domain and Landscaping Plan required under condition B3; > > > > > > > > > > > > > (ii) the Signage and Wayfinding Plan required under condition B5; > > > > > > > > > > > > > (iii) the Design Plans required under B7; and > > > > > > > > > (c) providing feedback to the Secretary on any matter where, under condition AA3, the Secretary and a relevant regulator are required to reach a consensus, if that matter relates to the architectural, landscaping and urban design solutions for the Project; and > > > > > > > > > (d) providing feedback to the Proponent, or the Secretary, on the development of the Project generally or in relation to a specific stage of works. > > > > > (4) Before the Proponent submits a plan referred to in [subclause (3)(b)](#JS1@HS2@GC10@Gc3@Hpb@EN) for approval under the relevant condition, the Proponent must seek the feedback of the Design Quality and Integrity Review Panel. > > > > > (5) Within 10 working days after the Proponent seeks the feedback of the Design Quality and Integrity Review Panel in respect of a plan, the Design Quality and Integrity Review Panel must provide written feedback on the plan to the Proponent. > > > > > (6) If the Design Quality and Integrity Review Panel provides written feedback to the Proponent under subclause (5) in respect of a plan and suggests changes to the plan, the Proponent must make publicly available a statement that specifies – > > > > > > > > (a) each change proposed by the Panel; and > > > > > > > > > (b) whether the Proponent intends to make the change to the plan as suggested; and > > > > > > > > > (c) if the Proponent does not intend to make the change to the plan as suggested, the reasons why the Proponent does not intend to change the plan. > **11.   **A10**** > > > > (1) A copy of these conditions and all documents referred to in this order must be held in a location that is known to, and accessible by, the Proponent and the Operator. > > > > > (2) The Proponent must ensure that all persons undertaking works in respect of the Project, including contractors and subcontractors, are familiar with and understand the conditions specified in this order that relate to that work.