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IRIS Tasmania  >  Planning and Development  >  Other Development  >  Text - Major Infrastructure Development Approval

Major Infrastructure Development Approval

Process for Historic Cultural Heritage Works Application

Stage 1 – Obtaining Major Infrastructure Project Status

  • A project proponent submits a report to the Minister asking for declaration of the project as a major infrastructure project
    • The Minister must receive a report from a proponent for the project to be declared as a major infrastructure project, accompanied by a report on the project prepared in accordance with the Major Infrastructure Development Approvals Regulations 2000. The report must provide a comprehensive description of the project.
  • To have a project declared a major infrastructure project, the Minister recommends the Governor makes an order. A draft order is sent to all affected local councils, councils express their views then comments are reviewed
    • Councils must be given at least 28 days notice and have 21 days to respond to the draft order
  • The Minister may ask the Resource Development and Planning Commission (RPDC) to administer the approval process
    • The Minister has at least 7 days to decide to ask the RPDC to administer the approval process or continue with a combined planning authority (CPA)
  • The Governor either:
    • Accepts the order; or
    • Rejects the order

Stage 2 – Governor’s Order

  • If the Governor makes an order, this is then gazetted and laid before State Parliament
    • The effect of the order declaring a major infrastructure project in terms of the assessment and approval process, is that the provisions of any relevant planning scheme are substituted by a set of planning criteria determined under the Major Infrastructure Development Approvals Act 1999.
    • See notes below for further information
  • The Minister notifies relevant agencies of the order
    • The following authorities must be notified of the order in writing:
      • the Resource Planning and Development Commission;
      • each council on which obligations are imposed by the order, or which is otherwise affected by the making of the order; and
      • each agency of the Crown on which obligations are imposed by the order.
  • The Minister advertises the order in newspapers
    • The Minister must advertise the order in a newspaper circulating in the area within which the major infrastructure project is to be implemented.
  • Councils nominate candidates for the combined planning authority (CPA)
    • Councils have 28 days to make nominations

Stage 3 – Planning Authority Establishment

  • The Minister establishes the CPA from the nominations
    • The Minister has 14 days to establish the CPA
  • The CPA develops draft planning criteria to assess the project against
    • The planning criteria are intended to be a replacement planning scheme, which is effective across all councils affected by the project.
    • The CPA has 42 days to develop draft planning criteria and refer them to the applicant and the RPDC

Stage 4 – Advertising and Consultation

  • Criteria referred to RPDC
  • Criteria referred to applicant
    • The CPA has 7 days to notify the applicant and the RPDC of the criteria and publicly exhibit them
  • Criteria publicly exhibited by RPDC
    • The criteria are exhibited for at least 14 days
  • Exhibition advertised in newspapers

Stage 5 - Decision

  • RPDC finalise criteria and inform CPA
    • RPDC has 7 days to finalise the criteria
  • CPA provides criteria to applicant
  • CPA advertises and makes criteria available for inspection
    • The CPA has 7 days to advertise and provide the criteria to the applicant
  • Applicant submits a permit application to the CPA (See process for S.57/Discretionary planning application for next steps)
    • The applicant has 12 months to submit a permit application
      • Within this 12 month period, the proposed corridor can be refined if applicable. The Minister can extend this period by no more than 12 months.

Notes

An order made by the Governor is to identify the proponent and define the major infrastructure project by specifying the nature and location of each component that is comprised in the project. The location of each component may be described by reference to a corridor between two places. More information on corridors can be obtained from Section 14 and Section 15 of the Major Infrastructure Development Approvals Act.

An order may also:

  • declare that property owners need only be notified (as opposed to obtaining their written consent) that an application for a permit is to be lodged in respect to their land;
  • declare that the planning approval process is to be administered by a combination of councils if it involves more than one council area;
  • declare that the RPDC will administer the planning approval process;
  • require the Crown or the council to provide the proponent with certain information. For example, if the application is one which is to be considered by the Board of Environmental Management and Pollution Control, the BEMPC will provide environmental guidelines to the proponent by a specified date;
  • require the proponent to lodge a financial assurance with the Crown which is to be forfeited on failure to comply with the terms and conditions of the order;
  • require the proponent to pay to the Crown an amount to cover costs incurred by the Crown or any other person involved in the assessment of the project;
  •  require compliance by the proponent with the terms and conditions of the order; and
  • authorise the sale by the Crown to the proponent of any land specified in the order.

The order must be laid before each House of Parliament within the first 10 sitting days of the House after it is published. An order is of no effect until it has been approved by both Houses of Parliament.