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TASMANIA
__________
LAND USE PLANNING AND APPROVALS
AMENDMENT BILL (No. 2) 2012
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 30F amended (Declaration of interim planning scheme)
5. Section 30FA inserted
30FA. Permit applications not resolved before interim
planning scheme in operation
6. Repeal of Act
[Bill 56]-XI
2
LAND USE PLANNING AND APPROVALS
AMENDMENT BILL (No. 2) 2012
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.
P. R. ALCOCK, Clerk of the House
15 November 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 (No. 2) 2012.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 56] 3
Land Use Planning and Approvals Amendment Bill (No. 2) 2012
Act No. of
s. 3
3. Principal Act
In this Act, the Land Use Planning and
Approvals Act 1993* is referred to as the
Principal Act.
4. Section 30F amended (Declaration of interim
planning scheme)
Section 30F of the Principal Act is amended by
omitting subsection (6).
5. Section 30FA inserted
After section 30F of the Principal Act, the
following section is inserted in Division 1A:
30FA. Permit applications not resolved before
interim planning scheme in operation
(1) Despite any other provision of this Act,
on and from the day on which an interim
planning scheme comes into operation,
an application, for a permit in relation to
land to which the scheme relates, that -
(a) is made before that day; and
(b) is an application to which a
request under section 43A relates;
and
(c) is not determined by the planning
authority before that day; and
*No. 70 of 1993
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Land Use Planning and Approvals Amendment Bill (No. 2) 2012
Act No. of
s. 5
(d) is not an application in relation to
which, before that day, a decision
to grant a permit is deemed under
section 59(1) to have been
made -
ceases to have effect.
(2) On and from the day on which an interim
planning scheme comes into operation,
subsection (3) applies to, and in relation
to, an application, for a permit in relation
to land to which the scheme relates,
that -
(a) is, before that day, made in
accordance with this Act, valid
under section 86 and a valid
application within the meaning of
section 51(1AC); and
(b) is not an application to which a
request under section 43A relates;
and
(c) is not determined by the planning
authority before that day; and
(d) is not an application in relation to
which, before that day, a decision
to grant a permit is deemed under
section 59(1) to have been made.
(3) Despite any other provision of this Act or
an interim planning scheme, on and from
the day on which an interim planning
scheme comes into operation in relation
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Land Use Planning and Approvals Amendment Bill (No. 2) 2012
Act No. of
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to land to which an application, to which
this subsection applies, relates -
(a) a planning scheme, or special
planning order, as in force in
relation to the land immediately
before that day (the former
scheme or former order),
continues to apply in relation to
the application; and
(b) any decision of the planning
authority in relation to the
application is to be made in
accordance with the provisions of
the former scheme or former
order; and
(c) this Act applies in relation to the
application; and
(d) the Appeal Tribunal must
determine any appeal in relation
to the application or a permit
granted, or not granted, in
relation to the application -
as if the former scheme or former order
continued in operation, and the interim
planning scheme did not apply, in
relation to the land.
(4) If a permit is granted, or a decision to
grant a permit is deemed under
section 59(1) to have been made, in
relation to an application to which
subsection (3) applies, a use or
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Land Use Planning and Approvals Amendment Bill (No. 2) 2012
Act No. of
s. 6
development, authorised under the
permit, that takes place on the land to
which the permit relates is to be taken,
from the day on which the permit takes
effect under this Act until the permit
lapses or expires, if at all, to be lawfully
established before the interim planning
scheme that applies in relation to the land
came into operation.
(5) Nothing in this section is to be taken to
apply to an application that is determined
by a planning authority, or is an
application in relation to which a
decision to grant a permit is deemed
under section 59(1) to have been made,
before the day on which this section
comes into operation.
6. Repeal of Act
This Act is repealed on the three hundredth and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 7