Tasmanian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LAND USE PLANNING AND APPROVALS AMENDMENT ACT 2001 (NO. 49 OF 2001) - SECT 26

Section 52 amended (What if applicant is not the owner?)
Section 52 of the Principal Act is amended as follows:
(a) by omitting subsection (1) and substituting the following subsection:
(1)  If –
(a) the applicant for a permit is not the owner of the land in respect of which the permit is required; and
(b) the land is not –
(i) Crown land, within the meaning of the Crown Lands Act 1976 ; or
(ii) land owned by a council; or
(iii) land administered by the Crown or a council; and
(c) the planning scheme or special planning order does not provide otherwise –
the applicant must notify the owner of the land, in writing, of the making of the application within 7 days after making it.
(b) by inserting the following subsections after subsection (1A) :
(1B)  If land in respect of which an application for a permit is required is Crown land, within the meaning of the Crown Lands Act 1976 , is owned by a council or is administered or owned by the Crown or a council and a planning scheme or special planning order does not provide otherwise, the application must –
(a) be signed by the Minister of the Crown responsible for the administration of the land or by the mayor of the council or, if the mayor is unavailable or unable to sign the application, the deputy mayor of the council; and
(b) be accompanied by the written permission of that Minister, mayor or deputy mayor to the making of the application.
(1C)  In subsection (1B) , " mayor " and " deputy mayor " have the same meaning as in the Local Government Act 1993 .
(c) by inserting the following subsection after subsection (2) :
(3)  A provision in a planning scheme or a special planning order is of no effect to the extent that it provides that an application for a permit by a person who is not the owner of the land in respect of which the permit is required must be signed by, or accompanied by the written permission of, the owner.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback