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CLAUSE NOTES
Cable Care (kunanyi/Mount Wellington) Facilitation Bill 2017
Clause 1 Short title
Clause 2 This clause provides for the Bill to commence on the day it receives Royal
Assent.
Clause 3 This clause defines certain terms for the purposes of the Bill.
Of note:
aerial easement – is limited to land within Wellington Park. It does not include
private land.
project – is broadly defined to allow for one or more cable cars to avoid limiting
the design of a potential cable car. For example, the current proposal includes
two distinct pieces of cable car infrastructure with a mid-station. For legal clarity,
the use of ‘one or more cable cars’ has been used in the Bill to not preclude
such designs being considered and assessed on their merits.
It also provides for ancillary development. It will be appropriate to ensure that
supportive infrastructure and facilities that are critical to the operation of the
infrastructure are available for users of such a service. This may include access to
food and drink, and utilities such as additional toilets. Any supporting services
would be subject to the normal planning, and other statutory, processes.
project land – has been limited to council owned land to clarify it does not apply
to privately held land – the intent of the legislation is to facilitate access to public
land only. There is no need to include Crown land, as the Crown is already able
to authorise access to its land.
It is also limited to land within Wellington Park.
Clause 4 This clause removes the need for a cable car proponent to seek landowner
consent from a council or the Crown, before submitting a planning application
that includes public land.
Clause 5 This clause seeks to provide a land acquisition method that is subject to an
order made by the Governor and approved through both Houses of Parliament.
By applying Part 1A of the Land Acquisition Act 1993, the following process
would apply:
the Governor would make an order
the order would be published in the Government Gazette
the order must be Tabled before each House of Parliament
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the order will take effect after it has been approved or has not be
disallowed or withdrawn within 15 sitting days.
Consistent with Clause 4, which removes the need for landowner consent to be
obtained prior to making a development application, section 7C(1)(b) of the
Land Acquisition Act 1993, which relates to obtaining landowner consent, does
not apply
Consistent with the Government’s policy on this matter, this clause also notes
that section 7D(2)(f) may not apply for the purposes of a cable car project,
ensuring the acquired land a cannot be sold.
The clause includes the acquisition of freehold land as well as easements,
including aerial easements.
Clause 6 This clause clarifies that any land acquired through this Bill will remain part of
Wellington Park.
Clause 7 This clause enables the Minister to grant a proponent access to public land to
undertake the necessary site investigations required to prepare a planning
application.
Before granting entry, the Minister must:
consult with the Wellington Park Management Trust; and
notify the public land owner. In the current example, the landowner is
Hobart City Council
The authority to enter:
will be subject to identified terms and conditions;
can be revoked; and
can be issued without seeking applying for a development application
from the relevant planning authority, and a permit from the Wellington
Park Management Trust, however, all other normal application and
permit processes will need to be met by the proponent.
If a proponent causes damage or a ‘compensational loss’ in the carrying out of
this authority to enter, or actions related to that authority, this clause also
clarifies that any affected person may seek compensation through an appropriate
court.
Clause 8 This clause provides a mechanism for the compensation of any compensable
loss that occurs as a result of the proponent accessing project land under the
authority of the Minister. It clarifies that liability rests with the project proponent
and not with the Crown or landowner.
Clause 9 This clause enable the Governor to make regulations.
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Clause 10 This clause notes that the Minister for State Growth is the responsible Minister,
and the Department of State Growth is the responsible department unless
otherwise stated through an order made through the Administrative
Arrangements Act 1990.
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