Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
LAND USE PLANNING AND APPROVALS
AMENDMENT BILL 2012
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 14 amended (Effect of planning directive)
5. Section 16 amended (Power of Minister to dispense with certain
requirements)
6. Section 26 amended (Representations in respect of draft
planning schemes)
7. Section 30B amended (Interpretation: Division 1A)
8. Section 30D amended (Interim planning schemes to be provided
to Minister)
9. Section 30E amended (Contents of interim planning schemes)
10. Section 30EA inserted
30EA. Overriding local provisions and conflicting local
provisions
11. Section 30F amended (Declaration of interim planning scheme)
12. Section 30IA inserted
30IA. Urgent amendment of interim planning schemes
13. Section 30M amended (Modification of interim planning
scheme)
14. Section 30N amended (Commission may make planning
schemes)
[Bill 21]-XI
15. Section 30O amended (Amendments under Divisions 2 and 2A
of planning schemes made under section 30N)
16. Section 39 amended (Representations in respect of draft
amendments)
17. Section 43F amended (Procedure for determining an application
for a permit under this Division)
18. Repeal of Act
2
LAND USE PLANNING AND APPROVALS
AMENDMENT BILL 2012
(Brought in by the Minister for Planning, the Honourable
Bryan Alexander Green)
A BILL FOR
An Act to amend the Land Use Planning and Approvals Act
1993
Be it enacted by His 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:
1. Short title
This Act may be cited as the Land Use Planning
and Approvals Amendment Act 2012.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Land Use Planning and
Approvals Act 1993* is referred to as the
Principal Act.
*No. 70 of 1993
[Bill 21] 3
Land Use Planning and Approvals Amendment Act 2012
Act No. of
s. 4
4. Section 14 amended (Effect of planning directive)
Section 14 of the Principal Act is amended as
follows:
(a) by omitting subsection (2) and
substituting the following subsection:
(2) If a planning directive applies to
all or part of the area of land to
which a planning scheme relates,
the Commission, with the
approval of the Minister, may, for
the purpose of -
(a) ensuring the scheme
complies with the
planning directive; or
(b) ensuring the effectiveness
of the operation of the
planning directive; or
(c) removing any
inconsistency between the
scheme and the planning
directive -
modify the scheme by revoking
or amending any provision of the
scheme or inserting a new
provision into the scheme.
(b) by inserting the following subsections
after subsection (5):
4
Land Use Planning and Approvals Amendment Act 2012
Act No. of
s. 4
(6) If a planning directive applies in
relation to all or part of the land
to which a planning scheme
relates, the Commission, with the
approval of the Minister, may
attach to the planning scheme, by
appendix or by provisions
inserted in between the provisions
of the planning scheme, any
provisions of the directive.
(7) A provision of a planning
directive may only be attached to
a planning scheme under
subsection (6) if the attached
provision clearly indicates that it
is a provision of a planning
directive and does not form part
of the planning scheme.
(8) A provision that is attached to a
planning scheme under
subsection (6) does not form part
of the planning scheme.
(9) On attaching a provision to a
planning scheme under
subsection (6), the Commission
must give notice, as prescribed
for the purposes of a modification
under subsection (2), of the
attachment as if it were such a
modification, and state in the
notice that the attachment does
not form part of the planning
scheme.
5
Land Use Planning and Approvals Amendment Act 2012
Act No. of
s. 5
5. Section 16 amended (Power of Minister to dispense
with certain requirements)
Section 16 of the Principal Act is amended as
follows:
(a) by inserting the following subparagraph
after subparagraph (vi) in subsection
(1)(a):
(via) amending the planning directive
so as to make it consistent with
another planning directive; or
(b) by omitting from subsection (1)
"modification, and issue the modified
planning directive in accordance with
section 13(2)." and substituting
"modification.";
(c) by omitting subsection (2) and
substituting the following subsection:
(2) If the Minister dispenses with the
requirements of sections 10, 11
and 12 in relation to a
modification of a planning
directive -
(a) despite section 15, the
planning directive, as in
force before the
modification, is revoked
by virtue of this
subsection; and
6
Land Use Planning and Approvals Amendment Act 2012
Act No. of
s. 6
(b) the Minister must issue
the modified planning
directive as a planning
directive under
section 13(1) as if the
requirements for issue
under that section had
been satisfied; and
(c) a notice required to be
given under section 13 is
to contain a statement that
the planning directive, as
in force before the
modification, is revoked
by virtue of this
subsection.
6. Section 26 amended (Representations in respect of
draft planning schemes)
Section 26 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "section
25(a)" and substituting
"section 25(1)(a)(i)";
(b) by omitting from subsection (2) "section
25(a)" and substituting
"section 25(1)(a)(i)".
7
Land Use Planning and Approvals Amendment Act 2012
Act No. of
s. 7
7. Section 30B amended (Interpretation: Division 1A)
Section 30B of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of common provision:
conflicting local provision means a
provision that is specified in a
planning purposes notice to be a
conflicting local provision;
(b) by omitting "contain." from paragraph
(b) of the definition of optional common
provision and substituting "contain;";
(c) by inserting the following definitions
after the definition of optional common
provision:
overriding local provision means a
provision that is specified in a
planning purposes notice to be an
overriding local provision;
planning purposes notice means a
notice in force under
section 30EA.
8. Section 30D amended (Interim planning schemes to
be provided to Minister)
Section 30D of the Principal Act is amended by
inserting after subsection (5) the following
subsections:
8
Land Use Planning and Approvals Amendment Act 2012
Act No. of
s. 8
(6) The Minister, by notice in writing to a
planning authority, may request the
planning authority to provide to the
Minister a draft interim planning scheme
that has been provided to the Minister by
the planning authority under
subsection (1) and that is amended, in
accordance with the directions specified
in the notice -
(a) to remove or amend any local
provision that is, under
section 30EA, inconsistent with
another provision; or
(b) to ensure that the draft interim
planning scheme complies with
this Act; or
(c) to ensure the effective operation
of a planning purposes notice; or
(d) to ensure that the local provisions
of the scheme are consistent with
one another and any planning
directive, to the extent that the
directive applies in relation to the
scheme.
(7) A planning authority to which a notice is
given under subsection (6) may provide
to the Minister a draft interim planning
scheme that has been provided to the
Minister by the planning authority under
subsection (1) and that is amended, in
9
Land Use Planning and Approvals Amendment Act 2012
Act No. of
s. 8
accordance with the directions specified
in the notice.
(8) The Minister may direct the Commission
to amend a draft interim planning scheme
for a municipal area that has been
provided to the Minister under
subsection (1) or (5).
(9) The Commission must provide to the
Minister a draft interim planning scheme
prepared by the Commission in
accordance with a direction under
subsection (8).
(10) If a draft interim planning scheme has
been provided to the Minister under
subsection (9), the Minister must -
(a) notify the planning authority for
the area of land to which the
scheme, if declared, would relate,
that the scheme has been
provided to the Minister and that
the comments of the planning
authority may be provided to the
Minister within 7 days after the
notice is given; and
(b) provide to the planning authority
a copy of the scheme so provided
to the Minister by the
Commission; and
(c) consider any comments in
relation to the scheme that are
provided to the Minister by the
10
Land Use Planning and Approvals Amendment Act 2012
Act No. of
s. 9
planning authority within 7 days
after the notice is given.
9. Section 30E amended (Contents of interim planning
schemes)
Section 30E of the Principal Act is amended as
follows:
(a) by omitting subsection (3) and
substituting the following subsection:
(3) Subject to this Act, a draft interim
planning scheme and an interim
planning scheme may contain a
provision (a local provision) that
is not a common provision.
(b) by omitting from subsection (4) "A draft"
and substituting "Subject to
section 30EA, a draft";
(c) by omitting from subsection (4)(b)
"scheme." and substituting "scheme; or";
(d) by inserting the following paragraph after
paragraph (b) in subsection (4):
(c) an overriding local provision.
(e) by inserting the following subsection
after subsection (4):
(4A) A draft interim planning scheme
and an interim planning scheme
may only contain a local
11
Land Use Planning and Approvals Amendment Act 2012
Act No. of
s. 10
provision if the provision is not a
conflicting local provision.
10. Section 30EA inserted
After section 30E of the Principal Act, the
following section is inserted in Division 1A:
30EA. Overriding local provisions and conflicting
local provisions
(1) In this section -
relevant scheme means -
(a) a draft interim planning
scheme; or
(b) an interim planning
scheme; or
(c) an interim planning
scheme modified under
section 30M; or
(d) a planning scheme made
under section 30N.
(2) The Minister, on the recommendation of
the Commission, by notice to the
Commission, may issue a planning
purposes notice.
(3) A planning purposes notice may
specify -
12
Land Use Planning and Approvals Amendment Act 2012
Act No. of
s. 10
(a) that a local provision, specified in
the notice, that is or may be
included in a relevant scheme, for
a municipal area that is specified
in the notice, is, if included in
such a scheme, an overriding
local provision; and
(b) that a local provision, specified in
the notice, that is or may be
included in a relevant scheme, for
a municipal area that is specified
in the notice, is, if included in
such a scheme, a conflicting local
provision.
(4) If there is an inconsistency between an
overriding local provision of a relevant
scheme and a common provision of the
scheme, the overriding local provision
prevails to the extent of the
inconsistency.
(5) If there is an inconsistency between a
conflicting local provision of a relevant
scheme and a common provision of the
scheme, the conflicting local provision is
of no effect.
(6) If a planning purposes notice is issued
under subsection (2), the Minister must
ensure that, as soon as practicable, a
notice is published in the Gazette
specifying -
13
Land Use Planning and Approvals Amendment Act 2012
Act No. of
s. 10
(a) that the planning purposes notice
has been issued; and
(b) the date on which it was issued;
and
(c) the relevant schemes to which the
notice relates; and
(d) the general purport or effect of
the notice.
(7) If a planning purposes notice is issued
under subsection (2), the Commission, as
soon as practicable -
(a) must notify each planning
authority in respect of a relevant
scheme to which the planning
purposes notice relates of the
issue of the planning purposes
notice; and
(b) make copies of the planning
purposes notice available to the
public at the offices of the
Commission.
(8) If a planning purposes notice that applies
in relation to a relevant scheme is issued
under subsection (2), the Commission
must -
(a) amend the relevant scheme to
ensure the effective operation of
the planning purposes notice and
the scheme as so amended; or
14
Land Use Planning and Approvals Amendment Act 2012
Act No. of
s. 10
(b) direct a planning authority to
amend the relevant scheme in
accordance with the directions of
the Commission, to ensure the
effective operation of the
planning purposes notice and the
scheme as so amended.
(9) The Minister, on the recommendation of
the Commission, by notice, may amend
or revoke a planning purposes notice.
(10) If a planning purposes notice that applies
in relation to a relevant scheme is
amended or revoked, the Commission
must -
(a) amend the relevant scheme to
ensure the effective operation of
the amendment or revocation of
the planning purposes notice and
the scheme as so amended; or
(b) direct a planning authority to
amend the relevant scheme, in
accordance with the directions of
the Commission, to ensure the
effective operation of the
amendment or revocation of the
planning purposes notice and the
scheme as so amended.
(11) If an amendment or revocation of a
planning purposes notice that applies in
relation to a relevant scheme is to the
effect that a provision of the relevant
15
Land Use Planning and Approvals Amendment Act 2012
Act No. of
s. 10
scheme has ceased to be an overriding
local provision or a conflicting local
provision, the Commission may amend,
or direct a planning authority to amend,
any local provision of the scheme, that,
in the opinion of the Commission,
requires amendment to ensure the
effective operation of the scheme after a
provision has ceased to be an overriding
local provision or a conflicting local
provision.
(12) The amendments that may be made, to a
relevant scheme, under this section
include, but are not limited to including,
the following:
(a) removing or amending any local
provision that is, under this
section, inconsistent with another
provision;
(b) amendments to ensure that the
scheme complies with this Act;
(c) amendments to ensure that the
local provisions of the scheme are
consistent with one another and
any planning directive, to the
extent that the directive applies in
relation to the scheme.
(13) If an amendment to a relevant scheme is
made under this section -
(a) the amendment must be signed by
the chairperson of the
16
Land Use Planning and Approvals Amendment Act 2012
Act No. of
s. 11
Commission or, if he or she is
unavailable or unable to sign the
amendment, another member of
the Commission approved by the
Commission to sign the
amendment; and
(b) the amendment comes into
effect -
(i) on the date (which may
not be a date before the
amendment is made)
specified in the
amendment as the date on
which it comes into
effect; or
(ii) if no such date is
specified, 7 days after the
amendment is made; and
(c) the Commission must notify the
planning authority in respect of
the scheme of the amendment;
and
(d) the Commission must give notice
of the amendment in a newspaper
circulating generally in the area
to which the scheme relates.
17
Land Use Planning and Approvals Amendment Act 2012
Act No. of
s. 11
11. Section 30F amended (Declaration of interim
planning scheme)
Section 30F of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"section 30D(1) or (5)" and substituting
"section 30D(1), (5), (7) or (9)";
(b) by omitting from subsection (2)
"section 30D(1) or (5)" and substituting
"section 30D(1), (5), (7) or (9)";
(c) by omitting subsection (3) and
substituting the following subsection:
(3) The Minister may only declare a
draft interim planning scheme to
be an interim planning scheme
if -
(a) the scheme complies with
sections 20 and 21 and
section 30E; and
(b) where the scheme is
required under
section 30EA or section
30IA to be amended, it is
amended under
section 30EA or section
30IA respectively; and
(c) where the planning
scheme has been provided
to the Minister under
18
Land Use Planning and Approvals Amendment Act 2012
Act No. of
s. 12
section 30D(9),
section 30D(10) has been
complied with in relation
to the scheme.
(d) by inserting the following paragraph after
paragraph (b) in subsection (5):
(ba) an amendment to the interim
planning scheme may not be
initiated or approved under
Division 2 or 2A; and
12. Section 30IA inserted
After section 30I of the Principal Act, the
following section is inserted in Division 1A:
30IA. Urgent amendment of interim planning
schemes
(1) The Commission may issue to the
Minister a notice -
(a) specifying that the Commission is
of the opinion that an
authorisation under subsection (2)
is urgently required; and
(b) specifying the purposes for which
the authorisation is sought; and
(c) recommending to the Minister
that the authorisation be issued.
19
Land Use Planning and Approvals Amendment Act 2012
Act No. of
s. 12
(2) The Minister, on his or her own motion
or on receiving a notice under
subsection (1), may issue to the
Commission a notice (an authorisation).
(3) The Minister may only issue an
authorisation under subsection (2) if he
or she is of the opinion that the interim
planning scheme requires amendments
for any of the following purposes:
(a) to remove or amend any local
provision of the scheme that is,
under section 30EA, inconsistent
with another provision;
(b) to ensure that the scheme
complies with this Act;
(c) to ensure the effective operation
of a planning purposes notice;
(d) to ensure that the local provisions
of the scheme are consistent with
one another and any planning
directive, to the extent that the
directive applies in relation to the
scheme;
(e) for a purpose specified in a notice
to the Minister under
subsection (1).
(4) If an authorisation is issued to the
Commission in relation to an interim
planning scheme that applies to land in a
regional area, the Commission must
20
Land Use Planning and Approvals Amendment Act 2012
Act No. of
s. 12
prepare and submit to the Minister a draft
amendment to the interim planning
scheme -
(a) in accordance with the
amendments, if any, specified in
the authorisation; and
(b) for any of the purposes specified
in subsection (3).
(5) The Minister, by notice to the
Commission, may -
(a) accept a draft amendment to an
interim planning scheme
submitted to the Minister under
subsection (4); or
(b) direct the Commission to submit
to the Minister under that
subsection another draft
amendment, as modified in
accordance with the notice.
(6) If the Minister accepts a draft
amendment to an interim planning
scheme submitted to the Minister under
subsection (4) -
(a) the Commission must amend the
interim planning scheme in
accordance with the draft
amendment; and
(b) the amendment must be signed by
the chairperson of the
21
Land Use Planning and Approvals Amendment Act 2012
Act No. of
s. 12
Commission or, if he or she is
unavailable or unable to sign the
amendment, another member of
the Commission approved by the
Commission to sign the
amendment; and
(c) the amendment comes into
effect -
(i) on the date (which may
not be a date before the
amendment is made)
specified in the
amendment as the date on
which it comes into
effect; or
(ii) if no such date is
specified, 7 days after the
amendment is made; and
(d) the Commission must cause a
copy of the interim planning
scheme that has commenced
public exhibition to be publicly
exhibited, as so amended, at its
office for the remainder, if any, of
the period in which the planning
authority in respect of the scheme
is required under section 30H to
publicly exhibit the scheme that
commenced public exhibition;
and
22
Land Use Planning and Approvals Amendment Act 2012
Act No. of
s. 12
(e) the Commission must give notice
of the amendment to the interim
planning scheme to -
(i) the planning authority for
the land to which the
interim planning scheme
relates; and
(ii) each other planning
authority for an area of
land within the regional
area; and
(iii) those State Service
Agencies that the
Commission considers to
have an interest in the
scheme; and
(f) the planning authority notified
under paragraph (e)(i) must
ensure that notice (which may be
a notice in relation to one or more
interim planning schemes) of the
amendment is published in a
newspaper generally circulating
in the regional area; and
(g) the planning authority notified
under paragraph (e)(i) must
ensure that a copy of the interim
planning scheme, as amended in
accordance with paragraph (a) is,
as soon as practicable after the
23
Land Use Planning and Approvals Amendment Act 2012
Act No. of
s. 12
notification, for a period of at
least 14 days -
(i) publicly exhibited at the
offices of the planning
authority; and
(ii) made available for
viewing at the website
address specified under
section 30H(6)(e) in
relation to the interim
planning scheme before
the scheme was amended
under paragraph (a); and
(h) the interim planning scheme as
amended is to be taken to have
been exhibited for the purposes of
section 30H if the requirements
of paragraph (d), if applicable,
are satisfied; and
(i) a reference in section 30I, 30J,
30K, 30L, 30M or 30N to an
interim planning scheme is to be
taken to be a reference to the
interim planning scheme as
amended under paragraph (a);
and
(j) any dispensation in force under
section 30R in relation to an
interim planning scheme is to be
taken to be a dispensation in
relation to the interim planning
24
Land Use Planning and Approvals Amendment Act 2012
Act No. of
s. 13
scheme as amended under
paragraph (a).
13. Section 30M amended (Modification of interim
planning scheme)
Section 30M of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or after an
authorisation under section 30IA is
issued in relation to an interim planning
scheme" after "planning scheme";
(b) by inserting the following paragraph after
paragraph (a) in subsection (4):
(ab) the modification is necessary for
a purpose specified in
section 30IA(3); or
14. Section 30N amended (Commission may make
planning schemes)
Section 30N(1) of the Principal Act is amended
by inserting "and, if the scheme is required
under section 30EA or 30IA to be amended, has
been so amended" after "order".
25
Land Use Planning and Approvals Amendment Act 2012
Act No. of
s. 15
15. Section 30O amended (Amendments under
Divisions 2 and 2A of planning schemes made under
section 30N)
Section 30O of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) ", or to
insert a local provision into, or remove a
local provision from, such a scheme,"
after "section 30N";
(b) by omitting subsection (2) and
substituting the following subsection:
(2) An amendment, of a planning
scheme made under section 30N,
that would amend a local
provision of the scheme or insert
a new provision into the scheme
may only be made under
Division 2 or 2A if -
(a) the amendment is not
such that the local
provision as amended or
inserted would be directly
or indirectly inconsistent
with the common
provisions, except in
accordance with
section 30EA, or an
overriding local
provision; and
(b) the amendment does not
revoke or amend an
26
Land Use Planning and Approvals Amendment Act 2012
Act No. of
s. 16
overriding local
provision; and
(c) the amendment is not to
the effect that a
conflicting local provision
would, after the
amendment, be contained
in the scheme.
(c) by omitting from subsection (3) "Despite
subsection (2)" and substituting "Subject
to section 30EA";
(d) by omitting from subsection (4) ", but
may instead be made under section 14"
and substituting "unless the common
provision, as so amended, would not be
inconsistent with a planning directive
that requires or permits the provision to
be contained in the planning scheme";
(e) by omitting from subsection (5) "Despite
subsection (4)" and substituting "Subject
to section 30EA".
16. Section 39 amended (Representations in respect of
draft amendments)
Section 39 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "section
38(a)" and substituting
"section 38(1)(a)";
27
Land Use Planning and Approvals Amendment Act 2012
Act No. of
s. 17
(b) by omitting from subsection (2) "section
38(a)" and substituting
"section 38(1)(a)".
17. Section 43F amended (Procedure for determining
an application for a permit under this Division)
Section 43F(3) of the Principal Act is amended
by omitting "section 38(b)" and substituting
"section 38(1)(b)".
18. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which it commences.
28 Government Printer, Tasmania