Hamilton_whole_thesis.pdf (1.1 MB)
A study of Part 3 Local Government (Building & Miscellaneous Provisions) Act 1993 (TAS) : is it effective regulation for subdivision in Tasmania?
thesisposted on 2023-05-27, 09:30 authored by Hamilton, AMH
This thesis studies Part 3 of the Local Government (Building & Miscellaneous Provisions) Act 1993 (Tas), which is the prevailing legislation for subdivision in Tasmania. As such, Part 3 plays an important role in Tasmania's planning regulatory system. That system is currently the subject of significant reform. The reform program does not, however, include a review of Part 3. The study undertaken by this thesis conducts a limited review of Part 3 and that study and review is informed by theory as to the effectiveness of regulation. Regulatory theorists identify review of regulation as an important means of ensuring it is effective. Such review serves to identify issues that detract from the effectiveness of regulation and is a means by which regulation may be refined and remain relevant and efficient. This study notes issues that reduce the effectiveness of Part 3 as regulation of subdivision in Tasmania. Those issues include out-dated, unclear language, provisions that reflect now redundant policy, and cumbersome procedures. This study also raises other broader and more far-reaching issues. The lack of integration of Part 3 into the planning system established under the Land Use Planning and Approvals Act 1993 (Tas) has implications for the ability of Tasmania's planning system to operate as a cohesive and integrated whole. This examination also highlights the uneasy interaction between subdivision regulation as part of a planning system founded in public policy and the Torrens land registration system that is focused on the registration of paramount interests in land. This study of Part 3 Local Government (Building & Miscellaneous Provisions) Act 1993 (Tas) calls attention to the complexities that arise from that interaction and points to some of the implications of failing to adequately address them.
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