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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
HOUSING LAND SUPPLY BILL 2018
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
PART 2 - HOUSING LAND SUPPLY ORDERS
Division 1 - Making and amendment of housing land supply orders
4. Housing land supply orders
5. Land that may be declared to be housing supply land
6. Inclusion of intended zones in housing land supply orders
7. Modifications of planning requirements that may be specified in
housing land supply order
8. Amendment of housing land supply orders
Division 2 - Consultation and parliamentary scrutiny in respect of proposed
orders
9. Parliament may disallow proposed housing land supply orders
and amendments
10. Consultation to occur before housing land supply orders put
before Parliament
11. Interested persons
12. Giving of notice to interested persons
13. Submissions by interested persons
[Bill 19]-XI
Division 3 - Revocation of housing land supply orders
14. Revocation of housing land supply order
15. Notice to be given that land has ceased to be housing supply land
PART 3 - APPLICATION OF HOUSING SUPPLY LAND FOR
PURPOSES OF HOMES ACT 1935
16. Housing supply land vests in Director of Housing
17. Director of Housing to ensure housing supply land is developed
or used for housing
18. Former Crown land that is not developed within 10 years may be
transferred back to Crown
PART 4 - REZONING AND ALTERATION OF PLANNING
REQUIREMENTS OF HOUSING SUPPLY LAND
19. Alteration of zoning of housing supply land
20. Alteration of planning provisions in relation to housing supply
land
21. Directions to amend planning scheme where land ceases to be
housing supply land
22. Correction by Commission of anomalies, or minor mistakes, in
applicable planning schemes
23. Taking effect of, and notice of, amendment of planning scheme
24. Amendment in compliance with direction not to be taken to
contravene Act, planning scheme, &c.
25. Applicable planning scheme not to be amended so as to alter
amendments made under this Act
PART 5 - MISCELLANEOUS
26. Calculation of periods
27. Regulations
28. Administration of Act
2
HOUSING LAND SUPPLY BILL 2018
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
5 July 2018
(Brought in by the Minister for Planning, the Honourable
Roger Charles Jaensch)
A BILL FOR
An Act to assist the acute demand for housing to be met, by
enabling the rapid, appropriate rezoning of certain
government land, the alteration of planning provisions that
apply to such land, the transfer to the Director of Housing
of Crown land that is declared to be housing supply land
under this Act, and for related purposes
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Housing Land
Supply Act 2018.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 19] 3
Housing Land Supply Act 2018
Act No. of 2018
s. 3 Part 1 - Preliminary
3. Interpretation
In this Act, unless the contrary intention
appears -
applicable planning scheme, in relation to an
area of land, means the planning scheme
that applies to the area of land;
commencement day means the day on which
this Act commences;
Commission means the Tasmanian Planning
Commission established under the
Tasmanian Planning Commission Act
1997;
Crown land has the same meaning as in the
Crown Lands Act 1976;
Director of Housing means the person who is
appointed under the Homes Act 1935 to
be the Director of Housing;
government land means land that is -
(a) Crown land; or
(b) Homes Act land;
Head of Agency has the same meaning as in
the State Service Act 2000;
Homes Act land means land acquired, vested
in or held under the Homes Act 1935 by
the Director of Housing;
4
Housing Land Supply Act 2018
Act No. of 2018
Part 1 - Preliminary s. 3
housing land supply order means an order
made under section 4(1), as amended, if
at all, under section 8(1), that has not
been revoked by an order that is in effect
under section 14(3);
housing supply land means land -
(a) that is declared to be housing
supply land in a housing land
supply order; and
(b) that has not, in accordance with
section 14(4), ceased to be
housing supply land;
LPS has the same meaning as in the Land Use
Planning and Approvals Act 1993;
planning authority has the same meaning as
in the Land Use Planning and Approvals
Act 1993;
planning scheme has the same meaning as in
the Land Use Planning and Approvals
Act 1993;
regional land use strategy, in relation to an
area of land, means the regional land use
strategy that applies, under the Land Use
Planning and Approvals Act 1993, to the
area of land;
site-specific qualification, in relation to an
area of land, means a site-specific
qualification, under the applicable
5
Housing Land Supply Act 2018
Act No. of 2018
s. 3 Part 1 - Preliminary
planning scheme, in relation to the area
of land;
specific area plan, in relation to an area of
land, means a specific area plan, under
the applicable planning scheme, in
relation to the area of land;
State Policies means each -
(a) Tasmanian Sustainable
Development Policy made under
section 11 of the State Policies
and Projects Act 1993; and
(b) Tasmanian Sustainable
Development Policy that has
come into operation under section
12 of the State Policies and
Projects Act 1993; and
(c) national environment protection
measure that is taken under
section 12A of the State Policies
and Projects Act 1993 to be a
Tasmanian Sustainable
Development Policy;
statutory authority means a body or authority,
whether incorporated or not, which is
established or constituted by or under an
Act or under the royal prerogative, being
a body or authority which, or of which
the governing authority, wholly or partly
comprises a person or persons appointed
by the Governor, a Minister or another
statutory authority;
6
Housing Land Supply Act 2018
Act No. of 2018
Part 1 - Preliminary s. 3
Tasmanian Planning Scheme has the same
meaning as in the Land Use Planning
and Approvals Act 1993;
the SPPs has the same meaning as in the Land
Use Planning and Approvals Act 1993;
Water Corporation means the Corporation
within the meaning of the Water and
Sewerage Corporation Act 2012;
zoning map, in relation to an applicable
planning scheme, has the same meaning
as it has in the applicable planning
scheme.
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Act No. of 2018
s. 4 Part 2 - Housing Land Supply Orders
PART 2 - HOUSING LAND SUPPLY ORDERS
Division 1 - Making and amendment of housing land supply
orders
4. Housing land supply orders
(1) The Minister may make an order (a housing
land supply order) declaring to be housing
supply land an area of land that is specified in
the order and that may, under section 5, be
declared to be housing supply land.
(2) A housing land supply order may, if such a
provision may be included in the order in
accordance with section 6, include a provision
declaring a zone, referred to in the applicable
planning scheme, to be the intended zone in
relation to all or part of an area of land specified
in the order to be housing supply land.
(3) A housing land supply order may include, in
relation to all or part of an area of land specified
in the order to be housing supply land, any one
or more of the provisions, that may, in
accordance with section 7, be included for the
purposes of this subsection.
(4) A housing land supply order takes effect on the
day on which it is notified in the Gazette or a
later day that is specified in the notice in the
Gazette as the day on which it is to take effect.
8
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Act No. of 2018
Part 2 - Housing Land Supply Orders s. 5
(5) A housing land supply order is a statutory rule
for the purposes of the Rules Publication Act
1953.
5. Land that may be declared to be housing supply
land
(1) The Minister must not, in a housing land supply
order, declare an area of land to be housing
supply land unless -
(a) the area of land is government land; and
(b) the area of land was government land on
the commencement day; and
(c) the area of government land is not -
(i) reserved land under the Nature
Conservation Act 2002; or
(ii) managed under the National
Parks and Reserves Management
Act 2002; or
(iii) managed under the Wellington
Park Act 1993; and
(d) the area of government land is not -
(i) permanent timber production
zone land, within the meaning of
the Forest Management Act
2013; or
(ii) future potential production forest
land, within the meaning of the
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Act No. of 2018
s. 5 Part 2 - Housing Land Supply Orders
Forestry (Rebuilding the Forest
Industry) Act 2014; and
(e) not more than 5 years have elapsed since
the commencement day.
(2) The Minister must not, in a housing land supply
order, declare an area of land to be housing
supply land unless he or she is satisfied that -
(a) there is a need for land to be made
available for the purposes of the Homes
Act 1935; and
(b) the area of land is suitable for use for
residential purposes by virtue of its
proximity to public and commercial
services, public transport and places that
may provide opportunities for
employment.
(3) The Minister must not, in a housing land supply
order, declare to be housing supply land an area
of land that is Crown land, without the consent
of -
(a) the Minister administering of the Crown
Lands Act 1976; and
(b) if there is a Portfolio Department, within
the meaning of the Crown Lands Act
1976, in relation to the area of land - the
Secretary of the Portfolio Department.
(4) The Minister must not, in a housing land supply
order, declare to be housing supply land an area
10
Housing Land Supply Act 2018
Act No. of 2018
Part 2 - Housing Land Supply Orders s. 6
of land that is Homes Act land, without the
consent of the Director of Housing.
6. Inclusion of intended zones in housing land supply
orders
(1) The Minister must not include in a housing land
supply order a provision, referred to in
section 4(2), declaring a zone, referred to in the
applicable planning scheme, to be the intended
zone in relation to an area of land or part of an
area of land, unless -
(a) the Minister is satisfied that to assign the
intended zone to the area of land or part
would be consistent with -
(i) the State Policies; and
(ii) the regional land use strategy in
relation to the area of land or
part; and
(b) the Minister is satisfied that, if the
intended zone were to be assigned to the
area of land or part, the use or
development of the land or part for
residential purposes would not be
significantly restricted by the
requirements of any code that applies to
the land or part under the applicable
planning scheme; and
(c) the Minister is satisfied that to assign the
intended zone to the area of land or part
would further the objectives set out in
11
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Act No. of 2018
s. 6 Part 2 - Housing Land Supply Orders
Schedule 1 to the Land Use Planning
and Approvals Act 1993; and
(d) having considered any guidelines under
section 8A of the Land Use Planning and
Approvals Act 1993, the Minister is
satisfied that to assign the intended zone
to the area of land or part would be
consistent with the zone purpose
specified in the SPPs in relation to the
intended zone, whether or not the
Tasmanian Planning Scheme is the
applicable planning scheme in relation to
the area of land or part; and
(e) the Minister has considered the
environmental, economic and social
effects, and the effect on Aboriginal and
cultural heritage, that assigning the
intended zone to the area of land or part
may have; and
(f) the Minister is satisfied that, if the
intended zone were assigned to the area
of land or part, the use or development of
the land or part, respectively, for
residential purposes would not be likely
to create significant land use conflict
with -
(i) an existing use on any part of the
land; or
(ii) the use or development of any
area of land that is adjacent to the
area of land; or
12
Housing Land Supply Act 2018
Act No. of 2018
Part 2 - Housing Land Supply Orders s. 6
(iii) the use or development of any
area of land that, in the opinion of
the Minister, is likely to be
affected by the use or
development of the area of land
or part.
(2) The Minister must not include in a housing land
supply order a provision, referred to in
section 4(2), declaring a zone, referred to in the
applicable planning scheme, to be the intended
zone in relation to an area of land or part of an
area of land, unless -
(a) the provisions, of the intended zone, are
such that the minimum size of a lot, or
the maximum area of land for a dwelling,
that complied with those provisions
would be no more than the minimum size
of a lot, or the maximum area of land for
a dwelling, that complied with the
provisions of the SPPs in relation to the
General Residential Zone; or
(b) the intended zone is to relate to part only
of the area of land and is a zone -
(i) that complies with paragraph (a);
or
(ii) that is necessary or appropriate
for the purposes of a subdivision
of the area of land for residential
purposes; or
(iii) that applies to the part of the area
of land immediately before the
13
Housing Land Supply Act 2018
Act No. of 2018
s. 7 Part 2 - Housing Land Supply Orders
intended zone is specified, in
relation to the land, in the order.
7. Modifications of planning requirements that may be
specified in housing land supply order
(1) In this section -
relevant housing provision, in relation to an
area of land or part of an area of land,
means a provision, of the applicable
planning scheme in relation to the area of
land, that -
(a) specifies a use standard, or a
development standard, in respect
of a zone that complies with
section 6(2)(a); or
(b) specifies whether a permit, within
the meaning of the Land Use
Planning and Approvals Act
1993, is required in relation to a
type of residential use or
development in a zone that
complies with section 6(2)(a); or
(c) is in the code, in the applicable
planning scheme, that deals with
parking and access requirements;
or
(d) relates to the interpretation of
words or phrases;
14
Housing Land Supply Act 2018
Act No. of 2018
Part 2 - Housing Land Supply Orders s. 7
relevant SPPs provision, in relation to an area
of land or part of an area of land, means a
provision, of the SPPs, that -
(a) is a use standard, or a
development standard, in relation
to the General Residential Zone,
the Inner Residential Zone, or the
Urban Mixed Use Zone, referred
to in the SPPs; or
(b) is in the code, referred to as the
Parking and Sustainable
Transport Code, in the SPPs; or
(c) relates to the interpretation of
words or phrases.
(2) Any one or more of the following provisions
may be, for the purposes of section 4(3),
included, in a housing land supply order, in
relation to an area of land, or a part of an area of
land, that is specified in the housing land supply
order to be housing supply land:
(a) a provision specifying how a relevant
housing provision is to be modified in
relation to its application to the area of
land or the part;
(b) a provision specifying that a relevant
housing provision is not to apply in
relation to the area of land or the part;
(c) a provision specifying that there is to
apply in relation to the area of land or the
part -
15
Housing Land Supply Act 2018
Act No. of 2018
s. 8 Part 2 - Housing Land Supply Orders
(i) a relevant SPPs provision that is
specified in the provision in the
order; or
(ii) a relevant SPPs provision that is
specified, in relation to the area
of land or the part, in the
provision in the order and that is
modified as specified in the
provision in the order.
8. Amendment of housing land supply orders
(1) The Minister may, by order, amend a housing
land supply order -
(a) so as to -
(i) amend a provision, in the housing
land supply order, that specifies
the area of land that is declared in
the order to be housing supply
land; or
(ii) amend a provision, referred to in
section 4(2) or (3), that has been
included in the order; or
(iii) include in the order a provision
referred to in section 4(2) or (3);
or
(b) by revoking a provision, referred to in
section 4(2) or (3), that has been included
in the order.
16
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Act No. of 2018
Part 2 - Housing Land Supply Orders s. 8
(2) An order under subsection (1) may only amend a
provision, in a housing land supply order, that
specifies the area of land that is declared in the
order to be housing supply land if the provision,
as so amended, refers to land that may be, in
accordance with section 5, declared to be
housing supply land.
(3) An order under subsection (1) may only amend a
housing land supply order -
(a) by amending a provision, referred to in
section 4(2), that has been included in the
housing land supply order; or
(b) so as to include a provision referred to in
section 4(2) -
if the provision as so amended or included may,
in accordance with section 6, be included in a
housing land supply order.
(4) An order under subsection (1) may only amend a
housing land supply order -
(a) by amending a provision, referred to in
section 4(3), that has been included in the
housing land supply order; or
(b) so as to include a provision referred to in
section 4(3) -
if the provision as so amended or included may,
in accordance with section 7, be included in a
housing land supply order.
17
Housing Land Supply Act 2018
Act No. of 2018
s. 9 Part 2 - Housing Land Supply Orders
(5) An order under subsection (1) takes effect on the
day on which it is notified in the Gazette or a
later day that is specified in the notice in the
Gazette as the day on which it is to take effect.
(6) An order under subsection (1) is a statutory rule
for the purposes of the Rules Publication Act
1953.
Division 2 - Consultation and parliamentary scrutiny in
respect of proposed orders
9. Parliament may disallow proposed housing land
supply orders and amendments
(1) The Minister must not make an order under
section 4(1) or section 8(1) unless -
(a) he or she has laid before both Houses of
Parliament under subsection (2) -
(i) a proposed order in the form of
the order to be made under
section 4(1) or section 8(1); and
(ii) the report in relation to the
proposed order; and
(b) the proposed order has not been
disallowed by a House of Parliament
under subsection (4).
(2) The Minister may lay before each House of
Parliament -
(a) an order (a proposed order) that the
Minister proposes to make under
18
Housing Land Supply Act 2018
Act No. of 2018
Part 2 - Housing Land Supply Orders s. 9
section 4(1) or section 8(1) in relation to
an area of land; and
(b) the report in relation to the proposed
order; and
(c) a document containing such other
information, if any, in relation to the
proposed order, that the Minister thinks
fit.
(3) For the purposes of this section, the report in
relation to a proposed order is a report setting
out -
(a) the reasons why the Minister wants to
make the order; and
(b) the reasons why the Minister is satisfied
that the order may be made under this
Act in relation to the area of land; and
(c) a copy of each submission made under
section 13(1) in relation to the area of
land; and
(d) the Minister's opinion in respect of the
matters raised in the submissions made to
the Minister under section 13(1) in
relation to the area of land; and
(e) if the proposed order is an order that was
altered by the Minister in accordance
with section 10(2) - a statement as to
how and why the order was altered.
19
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Act No. of 2018
s. 10 Part 2 - Housing Land Supply Orders
(4) A House of Parliament may, within 5 sitting-
days after a proposed order has been laid before
the House under subsection (2), disallow the
proposed order.
10. Consultation to occur before housing land supply
orders put before Parliament
(1) The Minister must not make an order under
section 4(1) or section 8(1) unless, before laying
before both Houses of Parliament in accordance
with section 9 the proposed order in the form of
the order to be made under section 4(1) or
section 8(1) -
(a) the Minister has given, in relation to the
area of land, a notice under section 12(1)
to all interested persons in relation to the
area of land; and
(b) the Minister has considered any
submissions made to the Minister under
section 13(1) in relation to the area of
land; and
(c) the period specified, in accordance with
section 12(2)(d), in the last notice issued
under section 12(1) in relation to the area
of land has expired.
(2) The proposed order, in relation to an area of
land, that may be laid before both Houses of
Parliament in accordance with section 9 may be
a proposed order -
20
Housing Land Supply Act 2018
Act No. of 2018
Part 2 - Housing Land Supply Orders s. 11
(a) in relation to which a notice in
accordance with section 12(2) has been
given under section 12(1); and
(b) that has been altered by the Minister after
the Minister has considered any
submissions made to the Minister under
section 13(1) -
except if the Minister has so altered the proposed
order as to significantly change either the
character or effect of the proposed order.
11. Interested persons
For the purposes of this Act, the interested
persons in relation to an area of land are -
(a) the planning authority in relation to the
area of land; and
(b) the Head of an Agency that the Minister
considers has an interest in whether, or
the manner in which, the area of land
ought to be used or developed, or both,
for residential purposes; and
(c) a statutory authority, or other entity, if
the Minister considers -
(i) that the authority or entity is
likely to be required to provide
electricity, gas, sewerage,
telecommunications or water to
the area of land; or
21
Housing Land Supply Act 2018
Act No. of 2018
s. 11 Part 2 - Housing Land Supply Orders
(ii) that the efficient or effective
provision by the authority or
entity of electricity, gas,
sewerage, telecommunications or
water is likely to be affected by
the use or development of the
land for residential purposes; and
(d) any owner, or occupier, of -
(i) land that adjoins the area of land;
or
(ii) land that the Minister considers is
likely to be affected by the use or
development, for residential
purposes, of the area of land; and
(e) the Tasmania Fire Service within the
meaning of the Fire Service Act 1979;
and
(f) the Heritage Council within the meaning
of the Historic Cultural Heritage Act
1995; and
(g) the Aboriginal Heritage Council within
the meaning of the Aboriginal Heritage
Act 1975; and
(h) the planning authority in relation to land,
if any, that -
(i) is adjacent to the area of land or
that, in the opinion of the
Minister, may be affected by the
use or development, for
22
Housing Land Supply Act 2018
Act No. of 2018
Part 2 - Housing Land Supply Orders s. 12
residential purposes, of the area
of land; and
(ii) is not within the same municipal
area, within the meaning of the
Land Use Planning and
Approvals Act 1993, as the area
of land.
12. Giving of notice to interested persons
(1) The Minister may give to the interested persons,
referred to in section 11, in relation to an area of
land in respect of which the Minister intends to
lay a proposed order before both Houses of
Parliament under section 9(2), a notice in
relation to the area of land.
(2) For the purposes of subsection (1), a notice in
relation to an area of land is to -
(a) be in writing; and
(b) contain a copy of the proposed order in
relation to the area of land; and
(c) contain a statement of the reasons why
the Minister wants to make the proposed
order; and
(d) invite the person to whom the notice is
given to make, within 14 days after
receiving the notice, submissions in
relation to the relevant matters, for the
purposes of section 13(2), in respect of
the proposed order.
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Housing Land Supply Act 2018
Act No. of 2018
s. 13 Part 2 - Housing Land Supply Orders
13. Submissions by interested persons
(1) An interested person who receives a notice under
section 12(1) in relation to a proposed order in
respect of an area of land may, within 14 days or
a longer period allowed by the Minister, provide
to the Minister a submission in relation to the
relevant matters in respect of the proposed order.
(2) For the purposes of subsection (1), the relevant
matters in respect of a proposed order in respect
of an area of land are the following:
(a) if the proposed order is to declare the
area of land, or is to amend a housing
land supply order so that it declares the
area of land, to be an area of housing
supply land and the land is not zoned,
under the applicable planning scheme,
for residential use - the suitability for
residential use of the area of land;
(b) if the proposed order is to include, or is
to amend a housing land supply order so
that it includes, a provision, referred to in
section 4(2), specifying a zone to be the
intended zone in relation to the area of
land or part of the area of land - the
suitability, in relation to the area or part,
of the intended zone;
(c) if the proposed order is to include, or is
to amend a housing land supply order so
that it includes, a provision, referred to in
section 4(3), in relation to the area of
land or part of the area of land - the
24
Housing Land Supply Act 2018
Act No. of 2018
Part 2 - Housing Land Supply Orders s. 14
suitability, in relation to the area or the
part, of the proposed provision;
(d) if the proposed order is to amend a
provision, referred to in section 4(3),
included, in relation to the area of land or
part of the area of land, in a housing land
supply order - the suitability, in relation
to the area or the part, of the proposed
amendment;
(e) if the proposed order is to revoke a
provision referred to in section 4(2) or
(3) - whether the provision ought to be
amended or revoked.
Division 3 - Revocation of housing land supply orders
14. Revocation of housing land supply order
(1) The Minister may, by order, revoke a housing
land supply order.
(2) The Minister may only make an order under
subsection (1) in relation to an area of land if he
or she is satisfied that -
(a) the area of land is no longer an area of
land that, in accordance with section 5,
may be declared to be housing supply
land; or
(b) the area of land has been developed after
a housing land supply order was made in
relation to the area of land.
25
Housing Land Supply Act 2018
Act No. of 2018
s. 15 Part 2 - Housing Land Supply Orders
(3) An order under subsection (1) takes effect on the
day on which it is notified in the Gazette or a
later day that is specified in the notice in the
Gazette as the day on which it is to take effect.
(4) An area of land that is housing supply land
ceases to be such land when an order made
under subsection (1) in relation to the area of
land takes effect.
(5) An order under subsection (1) is a statutory rule
for the purposes of the Rules Publication Act
1953.
15. Notice to be given that land has ceased to be
housing supply land
(1) The Minister, as soon as practicable after making
an order made under section 14(1), is to lay
before each House of Parliament -
(a) a copy of the order; and
(b) a statement setting out -
(i) the reasons why the Minister has
made the order; and
(ii) the grounds on which the order
may, under section 14(2), be
made under section 14(1); and
(c) such other information in relation to the
proposed order as the Minister thinks fit.
(2) The Minister, as soon as practicable after making
an order under section 14(1), is to cause to be
26
Housing Land Supply Act 2018
Act No. of 2018
Part 2 - Housing Land Supply Orders s. 15
published, in a newspaper that is published, and
circulates generally, in Tasmania, a notice
specifying -
(a) that an area of land to which the order
relates is to cease, or has ceased, to be
housing supply land; and
(b) the day on which the area of land is to
cease, or has ceased, to be housing
supply land.
27
Housing Land Supply Act 2018
Act No. of 2018
s. 16 Part 3 - Application of Housing Supply Land for Purposes of Homes Act
1935
PART 3 - APPLICATION OF HOUSING SUPPLY LAND
FOR PURPOSES OF HOMES ACT 1935
16. Housing supply land vests in Director of Housing
On the day on which an area of land that is
Crown land becomes housing supply land, the
area of land is vested in the Director of Housing.
17. Director of Housing to ensure housing supply land
is developed or used for housing
The Director of Housing is to take all reasonable
steps to ensure that housing supply land is
applied for the purposes of the Homes Act 1935.
18. Former Crown land that is not developed within 10
years may be transferred back to Crown
(1) If an area of land that has vested in the Director
of Housing under section 16 has not, within 10
years after the area of land became housing
supply land -
(a) been transferred to another person under
the Homes Act 1935; or
(b) been used or developed for the purposes
of residential housing, which purposes
may include -
(i) a use or development, of part of
the land, that is necessary or
appropriate for the purposes of a
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Housing Land Supply Act 2018
Act No. of 2018
Part 3 - Application of Housing Supply Land for Purposes of Homes Act s. 18
1935
subdivision of the area of land for
residential purposes; or
(ii) a use or development, of part of
the land, the zoning of which part
remained the same when the
zoning of other parts of the area
of land was altered under a
housing land supply order -
the Minister may issue a notice under
subsection (2) transferring the area of land from
the Director of Housing to the Crown.
(2) The Minister, if permitted to do so under
subsection (1), may, by notice in the Gazette,
transfer from the Director of Housing to the
Crown an area of land specified in the order.
(3) On the day on which a notice under
subsection (2) appears in the Gazette, or a later
day specified in the notice, the area of land
specified in the notice is transferred to the
Crown.
29
Housing Land Supply Act 2018
Act No. of 2018
s. 19 Part 4 - Rezoning and Alteration of Planning Requirements of Housing
Supply Land
PART 4 - REZONING AND ALTERATION OF
PLANNING REQUIREMENTS OF HOUSING SUPPLY
LAND
19. Alteration of zoning of housing supply land
(1) If a housing land supply order includes
(including by virtue of an amendment under
section 8(1)) a provision, referred to in
section 4(2), specifying an intended zone in
relation to an area of land or part of an area of
land, the Minister, by notice in writing to the
Commission, is to direct the Commission to
amend the zoning map in relation to the area of
land or the part.
(2) If the Commission is given a direction under
subsection (1) in relation to the intended zone in
relation to an area of land or part of an area of
land, the Commission, within 14 days or a longer
period allowed by the Minister, must amend the
zoning map that forms part of the applicable
planning scheme, so that the intended zone is
assigned by the zoning map to the area of land or
the part, respectively.
(3) If a housing land supply order is amended under
section 8(1) so that a provision referred to in
section 4(2) is revoked in relation to an area of
land or part of an area of land and no other such
provision is included in the order in relation to
the area of land or the part, the Minister is to
direct the Commission to amend the zoning map
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Housing Land Supply Act 2018
Act No. of 2018
Part 4 - Rezoning and Alteration of Planning Requirements of Housing s. 20
Supply Land
in relation to the area of land or the part,
respectively.
(4) If the Commission is given a direction under
subsection (3) in relation to an area of land or
part of an area of land, the Commission, within
14 days or a longer period allowed by the
Minister, must amend the zoning map that forms
part of the applicable planning scheme in
relation to the area of land or the part, so that the
area of land or the part, respectively, is, under
the planning scheme -
(a) assigned the same zone that was assigned
to it before the area of land or part
became housing supply land; or
(b) if the zone that was assigned to the area
of land (the previous zone) before the
area of land became housing supply land
is not a zone in the applicable planning
scheme - assigned the zone, in the
applicable planning scheme, with the
characteristics that most closely resemble
the characteristics of the previous zone.
20. Alteration of planning provisions in relation to
housing supply land
(1) If a provision referred to in section 4(3) is
specified, in relation to an area of land or part of
an area of land, in a housing land supply order,
the Minister is to direct the Commission to
amend the applicable planning scheme in
relation to the area of land or part, respectively.
31
Housing Land Supply Act 2018
Act No. of 2018
s. 20 Part 4 - Rezoning and Alteration of Planning Requirements of Housing
Supply Land
(2) If the Commission is given a direction under
subsection (1) in relation to an area of land or
part of an area of land, the Commission, within
14 days or a longer period allowed by the
Minister, must -
(a) amend the applicable planning scheme so
as to include in the planning scheme a
specific area plan that is to apply to the
area of land or part, respectively, and that
consists of the provision referred to in
subsection (1) in relation to the area of
land or part; or
(b) if the Tasmanian Planning Scheme
applies to the area of land or the part -
amend the LPS that applies to the area of
land or part so that the LPS includes a
site-specific qualification, or a specific
area plan, that is to apply to the area of
land or part, respectively, and that will
contain provisions that will achieve the
effect of the provision referred to in
subsection (1) in relation to the area of
land.
(3) If a provision that is -
(a) referred to in section 4(3); and
(b) specified, in relation to an area of land or
part of an area of land, in a housing land
supply order -
is amended or revoked by an order under
section 8(1), the Minister is to direct the
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Housing Land Supply Act 2018
Act No. of 2018
Part 4 - Rezoning and Alteration of Planning Requirements of Housing s. 21
Supply Land
Commission to amend the applicable planning
scheme in relation to the area of land or the part,
respectively.
(4) If the Commission is given, pursuant to an order
under section 8(1), a direction under
subsection (3) in relation to an area of land or
part of an area of land, the Commission, within
14 days or a longer period allowed by the
Minister, must amend the applicable planning
scheme in relation to the area of land or the part,
respectively, by making the appropriate
amendments to the specific area plan, or the site-
specific qualification, that contains the provision
to which the order under section 8(1) relates.
(5) For the purposes of subsection (4), the
appropriate amendments to the specific area
plan, or the site-specific qualification, that
contains the provision to which the order under
section 8(1) relates are the amendment or
revocation, as the case may be, of the specific
area plan, or the site-specific qualification, so as
to reflect the amendment or revocation of the
provision by the order under section 8(1).
21. Directions to amend planning scheme where land
ceases to be housing supply land
(1) If an area of land -
(a) has, by virtue of an order under
section 14, ceased to be housing supply
land; and
33
Housing Land Supply Act 2018
Act No. of 2018
s. 21 Part 4 - Rezoning and Alteration of Planning Requirements of Housing
Supply Land
(b) was not used or developed for residential
purposes after it became housing supply
land -
the Minister may direct the Commission to
amend the applicable planning scheme in
relation to the area of land.
(2) If the Commission is given a direction under
subsection (1) in relation to an area of land, the
Commission, within 14 days or a longer period
allowed by the Minister, must amend the
applicable planning scheme so that, as far as
practicable -
(a) the area of land -
(i) is assigned, under the planning
scheme, the same zone that was
assigned to it before the land
became housing supply land; or
(ii) if the zone that was assigned to
the area of land (the previous
zone) before the area of land
became housing supply land is
not a zone in the applicable
planning scheme - is assigned the
zone, in the applicable planning
scheme, with the characteristics
that most closely resemble the
characteristics of the previous
zone; and
(b) a specific area plan, or a site-specific
qualification, in relation to the area of
34
Housing Land Supply Act 2018
Act No. of 2018
Part 4 - Rezoning and Alteration of Planning Requirements of Housing s. 22
Supply Land
land, that was inserted in the planning
scheme in accordance with a direction
under this Act, is revoked.
22. Correction by Commission of anomalies, or minor
mistakes, in applicable planning schemes
(1) If a direction is given to the Commission under
section 19, section 20 or section 21, then, despite
any provision of the Land Use Planning and
Approvals Act 1993 or of a planning scheme that
applies to an area of land to which the direction
relates, the amendments that the Commission
may, under the section under which the direction
is given, make to the applicable planning scheme
include the necessary amendments.
(2) The necessary amendments are the amendments,
to correct an anomaly or minor mistake in the
applicable planning scheme, that are, in the
opinion of the Commission, necessary for the
purpose of enabling the direction to be
effectively implemented.
(3) If, after an area of land becomes housing supply
land, the Tasmanian Planning Scheme becomes
the applicable planning scheme in relation to the
area of land, the Commission may, if it thinks it
necessary or desirable to do so, amend, in so far
as it applies to the area of land, the LPS that
applies to the land, so as to correct a transitional
anomaly or minor mistake in the LPS.
35
Housing Land Supply Act 2018
Act No. of 2018
s. 23 Part 4 - Rezoning and Alteration of Planning Requirements of Housing
Supply Land
(4) A transitional anomaly or minor mistake in the
LPS is an anomaly or minor mistake in the LPS
that has arisen by virtue of -
(a) the applicable planning scheme that
applied to the area of land having been
amended in accordance with a direction
under this Act; and
(b) the Tasmanian Planning Scheme having
subsequently become the applicable
planning scheme in relation to the area of
land.
23. Taking effect of, and notice of, amendment of
planning scheme
(1) The Commission is to notify the Minister if the
Commission amends an applicable planning
scheme in relation to an area of land under
section 19, section 20, section 21 or
section 22(3).
(2) The Minister, as soon as practicable after being
notified under subsection (1) of the amendment
of an applicable planning scheme in relation to
an area of land -
(a) is to notify of the amendment the
interested persons, for the purposes of
section 11, in relation to the land; and
(b) must cause to be published in the Gazette
and in a newspaper that is published, and
36
Housing Land Supply Act 2018
Act No. of 2018
Part 4 - Rezoning and Alteration of Planning Requirements of Housing s. 24
Supply Land
circulates generally in Tasmania, a
notice -
(i) that the amendment has been
made; and
(ii) specifying the day on which the
amendment is to take effect.
(3) An amendment by the Commission of an
applicable planning scheme under section 19,
section 20, section 21 or section 22(3) takes
effect on the day specified in the notice given
under subsection (2)(b) as the day on which the
amendment is to take effect.
24. Amendment in compliance with direction not to be
taken to contravene Act, planning scheme, &c.
If a planning scheme is amended under
section 19, section 20, section 21 or section 22,
then, despite any provision of the Land Use
Planning and Approvals Act 1993 or of the
planning scheme -
(a) the amendment of the planning scheme is
not to be taken to be invalid by reason
only that -
(i) the planning scheme has not been
amended in the manner, or
following the procedure that, but
for this Act, would have been
required to be followed under the
planning scheme or the Land Use
37
Housing Land Supply Act 2018
Act No. of 2018
s. 25 Part 4 - Rezoning and Alteration of Planning Requirements of Housing
Supply Land
Planning and Approvals Act
1993; or
(ii) but for this Act, the amendment
of the planning scheme would be
in contravention of that Act; and
(b) a use or development of the land that is
in accordance with the planning scheme
as amended is not to be taken to be in
contravention of section 63 of the Land
Use Planning and Approvals Act 1993.
25. Applicable planning scheme not to be amended so
as to alter amendments made under this Act
(1) Despite any provision of the Land Use Planning
and Approvals Act 1993 or a planning scheme,
the zone assigned to all or part of an area of land
in accordance with an amendment, to a planning
scheme, made under this Act may not, without
the permission of the Minister, be amended
under a planning scheme, except as required for
the purposes of a subdivision in relation to the
area of land.
(2) Despite any provision of the Land Use Planning
and Approvals Act 1993 or a planning scheme, a
provision of a planning scheme, other than a
provision of the SPPs, may not, except with the
approval of the Minister, be amended, otherwise
than -
(a) under this Act; or
38
Housing Land Supply Act 2018
Act No. of 2018
Part 4 - Rezoning and Alteration of Planning Requirements of Housing s. 25
Supply Land
(b) by an amendment to which
section 40I(2)(b) of the Land Use
Planning and Approvals Act 1993
relates; or
(c) in the case of a planning scheme to
which clause 3(2) of Schedule 6 to the
Land Use Planning and Approvals Act
1993 applies - by an amendment to
which section 30IA or 37 of that Act, as
in force before the commencement day,
within the meaning of clause 1 of that
Schedule, applies -
if the effect of the amendment would be to alter
the effect of an amendment, to the planning
scheme, that is made under this Act and that is in
force.
(3) Subsections (1) and (2) do not apply in relation
to an area of land that has ceased to be housing
supply land.
39
Housing Land Supply Act 2018
Act No. of 2018
s. 26 Part 5 - Miscellaneous
PART 5 - MISCELLANEOUS
26. Calculation of periods
A reference in this Act to a period of days does
not include any day that is a statutory holiday,
within the meaning of the Statutory Holidays Act
2000.
27. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) The regulations may be made so as to apply
differently according to matters, limitations or
restrictions, whether as to time, circumstance or
otherwise, specified in the regulations.
(3) The regulations may authorise any matter to be
from time to time determined, applied or
regulated by the Minister.
(4) The regulations may -
(a) provide for savings or transitional
matters necessary or expedient for
bringing this Act into operation; and
(b) provide for savings or transitional
matters necessary or expedient to enable
this Act to apply effectively to areas of
land subsequent to the Tasmanian
Planning Scheme becoming the
applicable planning scheme in relation to
those areas of land; and
40
Housing Land Supply Act 2018
Act No. of 2018
Part 5 - Miscellaneous s. 28
(c) provide for any of those savings or
transitional matters to take effect when
this Act commences or on a later day
specified in the regulations, whether the
day so specified is before, on or after the
day on which the regulations are made.
28. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for Planning; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Justice.
Government Printer, Tasmania 41