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This is a Bill, not an Act. For current law, see the Acts databases.


LAND USE PLANNING AND APPROVALS AMENDMENT (TRANSITIONAL PROVISIONS) BILL BILL 40 OF 2017

                                   TASMANIA

                                    __________


                 LAND USE PLANNING AND APPROVALS
               AMENDMENT (TRANSITIONAL PROVISIONS)
                             BILL 2017
                                    __________

                                   CONTENTS
          1.      Short title
          2.      Commencement
          3.      Principal Act
          4.      Schedule 6 amended (Savings and Transitional Provisions -
                  Land Use Planning and Approvals Amendment (Tasmanian
                  Planning Scheme) Act 2015)
          5.      Repeal of Act




[Bill 40]-XI

 


 

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LAND USE PLANNING AND APPROVALS AMENDMENT (TRANSITIONAL PROVISIONS) BILL 2017 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 15 June 2017 (Brought in by the Minister for Planning and Local Government, the Honourable Peter Carl Gutwein) A BILL FOR An Act to amend the Land Use Planning and Approvals Act 1993 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: 1. Short title This Act may be cited as the Land Use Planning and Approvals Amendment (Transitional Provisions) Act 2017. 2. Commencement This Act commences on the day on which this Act receives the Royal Assent. [Bill 40] 3

 


 

Land Use Planning and Approvals Amendment (Transitional Provisions) Act 2017 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. Schedule 6 amended (Savings and Transitional Provisions - Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015) Schedule 6 to the Principal Act is amended as follows: (a) by inserting in clause 8(1) ", as those plans, zones or qualifications have, before an LPS comes into force in relation to the land to which the planning scheme relates, been amended, if at all, under section 30IA of Part 3 of this Act, as in force immediately before the commencement day and as it applies in relation to the planning scheme by virtue of this Schedule" after "day"; (b) by inserting the following subclause after subclause (1) in clause 8: (1A) Subclause (1) does not apply in relation to a specific area plan, a particular purpose zone, or site- specific qualifications, if a declaration is made under *No. 70 of 1993 4

 


 

Land Use Planning and Approvals Amendment (Transitional Provisions) Act 2017 Act No. of s. 4 clause 8A(1) in relation to the plan, zone or qualifications. (c) by inserting the following clauses after clause 8: 8A. Inclusion of certain plans, zones and qualifications inserted or amended after commencement day (1) If - (a) after the commencement day but before an LPS applies in relation to a municipal area, a specific area plan, a particular purpose zone, or site- specific qualifications, is or are inserted in a planning scheme in relation to the municipal area by an amendment to the planning scheme; or (b) a specific area plan, a particular purpose zone, or site-specific qualifications, that is or are included in a planning scheme in relation to a municipal area before the commencement day is or are amended after the commencement day but 5

 


 

Land Use Planning and Approvals Amendment (Transitional Provisions) Act 2017 Act No. of s. 4 before an LPS applies in relation to the municipal area - the Minister, after consultation with the Commission, may, by notice to the planning authority in relation to the municipal area, declare that a draft LPS prepared, and an LPS made, in relation to the municipal area under Part 3A of this Act must contain the plan, zone or qualifications, as so inserted or amended. (2) If the Minister declares under subclause (1) that a draft LPS prepared, and an LPS made, in relation to a municipal area must contain a specific area plan, a particular purpose zone, or site- specific qualifications, a draft LPS prepared, and an LPS made, in relation to the municipal area must contain the plan, zone or qualifications, as so inserted or amended. (3) This clause does not apply in relation to a specific area plan, a particular purpose zone, or site- specific qualifications to which clause 8(1) applies if the plan, zone or qualifications has or have, before an LPS comes into 6

 


 

Land Use Planning and Approvals Amendment (Transitional Provisions) Act 2017 Act No. of s. 4 force in relation to the land to which the planning scheme relates, been amended, if at all, under section 30IA of Part 3 of this Act as it applies in relation to the planning scheme by virtue of this Schedule. 8B. Alteration of draft amendments to which clauses 4(2)(b) or 5(2)(b) apply (1) In this clause - permitted alterations means alterations, referred to in subclause (3), to the provisions of a relevant amendment; relevant amendment means a draft amendment to which clause 4(2)(b) or 5(2)(b) applies. (2) Despite clauses 4(2)(b) and 5(2)(b), but without limiting the generality of those clauses, the alterations that may be made by a planning authority to a relevant amendment include the permitted alterations. (3) For the purposes of this clause, permitted alterations are alterations to a relevant amendment so that, in the opinion 7

 


 

Land Use Planning and Approvals Amendment (Transitional Provisions) Act 2017 Act No. of s. 4 of the Commission, the relevant amendment - (a) will conform to the requirements of the SPPs in relation to the LPS to which the relevant amendment relates; or (b) will reflect the terminology used in the SPPs or the LPS, including, but not limited to including, where the relevant amendment relates to the designation of a zone in a planning instrument, by changing the designation of the zone to the zone in the LPS that most closely corresponds to the zone in the relevant amendment before the relevant amendment contains the permitted alterations; or (c) will contain provisions that - (i) are appropriately numbered; or (ii) make correct references to 8

 


 

Land Use Planning and Approvals Amendment (Transitional Provisions) Act 2017 Act No. of s. 4 provisions in the relevant amendment, in the LPS to which the relevant amendment relates, or in other instruments, including but not limited to the SPPs; or (d) will achieve the effect intended, by the relevant amendment, before the permitted alterations are contained in the relevant amendment. (4) The Commission may, in relation to a relevant amendment, take any one or more of the following actions: (a) by notice to the planning authority, direct the planning authority - (i) to modify the relevant amendment in the manner specified in the notice, so that the relevant amendment 9

 


 

Land Use Planning and Approvals Amendment (Transitional Provisions) Act 2017 Act No. of s. 4 contains permitted alterations; and (ii) to submit the relevant amendment, as so modified, to the Commission for approval under paragraph (b); (b) approve, or refuse to approve, a relevant amendment as modified by a planning authority in accordance with a direction under paragraph (a); (c) direct the planning authority to take action, under a provision of Part 3B of this Act, in relation to a relevant amendment that has been approved under paragraph (b). 8C. Alteration of instruments to which clause 8(1) or 8A(1) applies (1) In this clause - included document means - (a) a specific area plan; or 10

 


 

Land Use Planning and Approvals Amendment (Transitional Provisions) Act 2017 Act No. of s. 4 (b) a particular purpose zone; or (c) site-specific qualifications - that is or are required, under clause 8(1), to be contained in a draft LPS and an LPS or to which a declaration under clause 8A(1) relates; permitted alterations means alterations, referred to in subclause (3), to the relevant provisions; relevant provisions means the provisions, of an included document, that are contained in a draft LPS. (2) Despite clause 8(1) and clause 8A(2), the relevant provisions may contain permitted alterations. (3) For the purposes of this clause, permitted alterations are alterations to the relevant provisions so that, in the opinion of the Commission, the relevant provisions - 11

 


 

Land Use Planning and Approvals Amendment (Transitional Provisions) Act 2017 Act No. of s. 4 (a) will conform to the requirements of the SPPs in relation to the draft LPS in which the relevant provisions are included; or (b) will reflect the terminology used in the SPPs or the draft LPS, including, but not limited to including, where the relevant provisions relate to the designation of a zone in a planning instrument, by changing the designation of the zone to the zone in the draft LPS that most closely corresponds to the zone in the relevant provisions before the relevant provisions contain the permitted alterations; or (c) will contain provisions that - (i) are appropriately numbered; or (ii) make correct references to relevant 12

 


 

Land Use Planning and Approvals Amendment (Transitional Provisions) Act 2017 Act No. of s. 4 provisions, other provisions in the draft LPS, or in other instruments referred to in the draft LPS, including but not limited to the SPPs; or (d) will achieve the effect intended by the relevant provisions before they contain the permitted alterations. (4) Alterations to the relevant provisions under subclause (3)(d) may consist of, but are not limited to consisting of, an alteration of an instrument referred to in a paragraph of the definition of included document in subclause (1) so that the instrument becomes, when included in a draft LPS, an instrument referred to in another paragraph of that definition. (5) The Commission may, in relation to a draft LPS to which clause 8(1) or clause 8A(2) applies, take any one or more of the following actions: 13

 


 

Land Use Planning and Approvals Amendment (Transitional Provisions) Act 2017 Act No. of s. 4 (a) by notice to the planning authority, direct the planning authority - (i) to modify the draft LPS in the manner specified in the notice, so that the relevant provisions contain permitted alterations; and (ii) to submit the draft LPS, as so modified, to the Commission for approval under paragraph (b); (b) approve a draft LPS as modified and submitted by a planning authority in accordance with a direction under paragraph (a); (c) itself modify the draft LPS so that the relevant provisions contain the permitted alterations and - (i) approve, for the purposes of 14

 


 

Land Use Planning and Approvals Amendment (Transitional Provisions) Act 2017 Act No. of s. 4 paragraph (d), the draft LPS as so modified; and (ii) provide to the planning authority a copy of the draft LPS as so approved; (d) direct the planning authority to take action, under a provision of Part 3A of this Act, in relation to a draft LPS that has been approved under this subclause. 8D. Inclusion in LPSs of certain code- applying provisions (1) In this clause - code-applying provision means a map, overlay, list, or provision, that, immediately before the commencement day - (a) was included in a planning instrument; and (b) applied, to a provision of the planning 15

 


 

Land Use Planning and Approvals Amendment (Transitional Provisions) Act 2017 Act No. of s. 4 instrument, a provision of a code that formed part of, or was referred to in, the planning instrument. (2) If - (a) a planning instrument that applied in relation to a municipal area immediately before the commencement day included, or referred to, a code immediately before that day (the planning instrument code); and (b) the SPPs contain a code (the SPPs code) that is substantially similar to the planning instrument code; and (c) the planning instrument, immediately before the commencement day, contained one or more code-applying provisions in relation to the planning instrument code - 16

 


 

Land Use Planning and Approvals Amendment (Transitional Provisions) Act 2017 Act No. of s. 4 a draft LPS prepared, and an LPS made, in relation to the municipal area under Part 3A of this Act must contain each of the code- applying provisions as modified, if at all, in accordance with a determination under subclause (7). (3) The Minister, after having consulted with the Commission, may declare that subclause (2) does not apply in relation to a code-applying provision, specified in the declaration, in relation to a municipal area specified in the declaration. (4) Subclause (2) does not apply in relation to a code-applying provision specified in a declaration under subclause (3), in relation to a municipal area specified in the declaration. (5) The Minister may declare that - (a) a requirement, of the SPPs, that relates to the formatting of a code- applying provision when the provision is included in a draft LPS and an LPS in accordance with subclause (2); or 17

 


 

Land Use Planning and Approvals Amendment (Transitional Provisions) Act 2017 Act No. of s. 4 (b) any other requirement, of the SPPs, that relates to a code-applying provision when the provision is included in a draft LPS and an LPS in accordance with subclause (2) - does not apply in relation to a particular draft LPS and LPS or to all draft LPSs and all LPSs. (6) If the Minister declares under subclause (5) that a requirement, of the SPPs, does not apply in relation to a particular draft LPS and LPS or to all draft LPSs and all LPSs, the requirement of the SPPs does not, despite any other provision of this Act, apply in relation to the particular draft LPS and LPS, or to all draft LPSs and all LPSs, as the case may be. (7) The Commission may determine that a code-applying provision that is to be included in a draft LPS in relation to a municipal area is to be included in the draft LPS as modified in accordance with the determination. (8) The Commission may only determine under subclause (7) that a code-applying provision is 18

 


 

Land Use Planning and Approvals Amendment (Transitional Provisions) Act 2017 Act No. of s. 4 to be modified if the modification is necessary in order to ensure - (a) that a correct cross- reference is used in the code-applying provision when it is included in the draft LPS; or (b) the correction of a minor error in the code-applying provision; or (c) the effective operation of the provision when it is included in a draft LPS. (9) The Commission may, in relation to a draft LPS in relation to a municipal area, take any one or more of the following actions: (a) by notice to the planning authority, direct the planning authority - (i) to modify the draft LPS in the manner specified in the notice, so that the draft LPS contains a code-applying provision as so modified in accordance with the determination 19

 


 

Land Use Planning and Approvals Amendment (Transitional Provisions) Act 2017 Act No. of s. 4 under subclause (7); and (ii) to submit the draft LPS, as so modified, to the Commission for approval under paragraph (b); (b) approve a draft LPS as modified by a planning authority in accordance with a direction under paragraph (a); (c) itself modify the draft LPS so that the draft LPS contains the code- applying provision as so modified in accordance with the determination under subclause (7); (d) approve, for the purposes of paragraph (e), the draft LPS as modified under paragraph (c); (e) provide to the planning authority a copy of the draft LPS as approved under paragraph (d); (f) direct the planning authority to take action, 20

 


 

Land Use Planning and Approvals Amendment (Transitional Provisions) Act 2017 Act No. of s. 5 under a provision of Part 3A of this Act, in relation to a draft LPS that has been approved under this subclause. 5. Repeal of Act This Act is repealed on the three hundred and sixty fifth day from the day on which it commences. Government Printer, Tasmania 21

 


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