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CLAUSE NOTES
Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Bill 2015
Clause 1 Short title of the Bill
Clause 2 Commencement
Clause 3 Principal Act
Clause 4 Inserts and omits certain definitions to support the operation of the Act.
Clause 5 Retains powers in current Act for regional land use strategies, introduces a
requirement for the Minister to consult with the Tasmanian Planning
Commission (the Commission), planning authorities and the state service
agencies and state authorities he or she sees fit before declaring a regional land
use strategy, and allows regional land use strategies to incorporate other
documents such as local land use strategies and structure plans.
Clause 6 Ensures consistency of language with new structure for the Tasmanian Planning
Scheme.
Clause 7 Removes heading.
Clause 8 Updates the functions of the Commission to ensure new instruments and
processes are referred to.
Clause 9 Introduces a power for the Commission to issue Guidelines with the Minister’s
approval to support implementation of the Tasmanian Planning Scheme.
Clause 10 Replaces the current Parts 2A and 3 for the making and amending of planning
directives, interim planning directives, planning schemes and interim planning
schemes with new Parts 2 and 3 for the making and amending of the
Tasmanian Planning Scheme (details below).
10(9) Provides that the Tasmanian Planning Scheme will consist of State Planning
Provisions and Local Provisions Schedules.
10(10) Provides for how the Tasmanian Planning Scheme will apply in a municipal area
(as a combination of the State Planning Provisions and the relevant Local
Provisions Schedule or Special Local Provisions Schedule).
10(11) Sets out the contents of the Tasmanian Planning Scheme – these provisions are
similar to provisions contained in section 20 of the Principal Act.
10(12) Provides that existing uses of land are to be preserved when the Tasmanian
Planning Scheme comes into effect in an area – these provisions are similar to
provisions contained in section 20 of the Principal Act and have been extended
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to clarify that development and use that did not require a planning permit
under a scheme that has been superseded will not need a planning permit if a
certificate of likely compliance or permit has been issued under the Building Act
2000.
10(13) Inserts definitions for exhibition notice, exhibition period, exhibition premises,
explanatory document and relevant exhibition documents for the making of
State Planning Provisions.
10(14) Sets out the contents of the State Planning Provisions including that they may
set certain requirements in relation to Local Provisions Schedules and that they
may contain particular purposes zones, specific area plans and site specific
qualifications.
10(15) Establishes the State Planning Provisions criteria.
10(16) Provides that the Minister may prepare or direct the Commission to prepare
explanatory documents to set out in general terms the purpose and terms of
the draft State Planning Provisions or a draft amendment to the State Planning
Provisions.
10(17) Sets out requirements for the Minister when preparing a terms of reference for
the preparation of the draft State Planning Provisions, including that the Minister
must give notice that terms of reference have been prepared.
10(18) Provides that the Minister can prepare the State Planning Provisions and that he
or she must consult with the Commission, planning authorities and relevant
state agencies during their preparation. [Note: Where the Minister is to prepare
the draft provisions, administratively the work could be done for example by the
Department or an Expert Panel]
10(19) Provides that the Minister may direct the Commission to prepare the draft
State Planning Provisions in accordance with a terms of reference and that the
Commission must consult with planning authorities and relevant state agencies
during their preparation.
10(20) Provides that the Minister may direct the Commission to modify the draft State
Planning Provisions that it has prepared.
10(21) Sets out the process for the Minister to approve the draft State Planning
Provisions for public exhibition - the Minister must consider whether to
approve a draft prepared by him or herself or submitted by the Commission
and may inform him or herself in any way he or she sees fit – the Minister must
also ensure that the draft meets the SPP criteria.
10(22) Sets out the process for the Commission to publicly exhibit the draft State
Planning Provisions and invite representations.
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10(23) Provides that any person or body may make a representation to the
Commission within the exhibition period and how the representation is to be
made.
10(24) Provides that the Commission must consider a range of ‘matters’, may hold one
or more hearings and must report to the Minister within 90 days after the end
of the exhibition period or such longer period as the Minister allows on the
draft State Planning Provisions.
10(25) Sets out the required contents of the Commission’s report the Minister on the
draft State Planning Provisions including recommendations as to whether the
Minister should make the State Planning Provisions as exhibited, make them
with modifications or refuse to make them.
10(26) Sets out the matters the Minister must consider before making the State
Planning Provisions.
10(27) Sets out the process for the Minister to make the State Planning Provisions,
providing that the Minister may make the provisions in terms of the draft, with
modifications, modify and re-exhibit part of the provisions and make the
remaining SPPs, or refuse to make the provisions. Where part of the SPPs are
to be modified and re-exhibited, the Minister may issue terms of reference and
may require the Commission to prepare the modified State Planning Provisions
in accordance with these.
10(28) Provides that the Minister must give notice in a newspaper of any modifications
required to the draft State Planning Provisions and the reasons for the
modifications.
10(29) Provides that the State Planning Provisions will be made and come into effect
as specified in a notice in the Gazette. [Note they will not have effect in any local
municipal area until the relevant Local Provisions Schedule is in force]
10(30) Provides that the State Planning Provisions will come into effect in a particular
local municipal area by a further notice in the Gazette. [Note this will occur when
the relevant Local Provisions Schedule is in force]
10(30A) Inserts definitions for exhibition notice, exhibition period, exhibition premises,
explanatory document and relevant exhibition documents for the amending of
State Planning Provisions.
10(30B) Provides that an amendment to a State Planning Provision may consist of an
amendment, substitution, insertion or revocation of one or more provisions.
10(30C) Sets out the requirements for the Minister when preparing terms of reference
for the preparation of draft amendment of the State Planning Provisions and
that a planning authority or any other person may request the Minister to
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prepare terms of reference. The Minister may consult with the Commission
when a request has been made for an amendment to the State Planning
Provisions.
10(30D) Provides that the Minister can prepare an amendment to the State Planning
Provisions and that he or she must consult with the Commission, planning
authorities and relevant state agencies during preparation of the draft. [Note:
Where the Minister is to prepare the draft provisions, administratively the work
could be done for example by the Department or an Expert Panel.]
10(30E) Provides that the Minister may direct the Commission to prepare a draft
amendment to the State Planning Provisions in accordance with a terms of
reference and that the Commission must consult with planning authorities and
relevant state agencies during preparation of the draft.
10(30F) Provides that the Minister may direct the Commission to modify a draft
amendment to the State Planning Provisions that it has prepared.
10(30G) Sets out the process for the Minister to approve public exhibition of the draft
amendment to the State Planning Provisions - the Minister must consider
whether to approve a draft prepared by him or herself or submitted by the
Commission and may inform him or herself in any way he or she sees fit – the
Minister must also ensure that the draft meets the SPP criteria.
10(30H) Sets out circumstances in which public exhibition is not required for an
amendment to the State Planning Provisions, including the circumstances that
are currently contained in the Principal Act and new circumstances for changes
relating to provisions that specify the structure or form of a Local Provisions
Schedule or a prescribed purpose.
10(30I) Provides that the Minister must publish in the Gazette that public exhibition
was not required and the reasons that it is not required for a draft amendment
to the State Planning Provisions.
10(30J) Sets out the required contents of the Commission’s report to the Minister on a
draft amendment to the State Planning Provisions that is not exhibited.
10(30K) Sets out the process for the Commission to publicly exhibit a draft amendment
to the State Planning Provisions and invite representations.
10(30L) Provides that any person or body may make a representation to the
Commission within the exhibition period and how the representation is to be
made.
10(30M) Provides that the Commission must consider a range of ‘matters’, may hold one
or more hearings and must report to the Minister on the draft amendment to
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the State Planning Provisions within 90 days from the end of the exhibition
period or such longer period as the Minister allows.
10(30N) Sets out the required contents of the Commission’s report to the Minister on
the draft amendment to the State Planning Provisions including that is to
provide recommendations as to whether the Minister should make the
amendment to the State Planning Provisions as exhibited, with modifications or
refuse to make it.
10(30O) Sets out the matters the Minister must consider before amending the State
Planning Provisions.
10(30P) Sets out the process for the Minister to make an amendment to the State
Planning Provisions, providing that the Minister may make the amendment in
terms of the draft, with modifications, modify and re-exhibit part of the
amendment and make the remainder of the amendment to the SPPs, or refuse
to make the provisions. Where part of the amendment to the SPPs is to be
modified and re-exhibited, the Minister may issue terms or reference and may
require the Commission to prepare the modified amendment in accordance
with these.
10(30Q) Provides that the Minister must give notice in a newspaper of any modifications
required to the draft amendment to the State Planning Provisions and the
reasons for the modifications.
10(30R) Provides when the amendment to the State Planning Provisions will come into
effect by notice in the Gazette.
10(30S) Provides that the amendment to the State Planning Provisions will come into
effect in a particular local municipal area by a further notice in the Gazette.
[Note this will allow for any amendment that may be required to the Local
Provisions Schedule to be made before the State Planning Provisions come into
force]
10(30T) Requires the Minister to review the State Planning Provisions or direct the
Commission to review the State Planning Provisions at the end of every 5 year
period and provides a power for the Minister to direct the Commission to
review the provisions generally or in relation to a particular matter at any time.
10(31) Inserts definitions for exhibition notice, exhibition period, exhibition premises
and relevant exhibition documents for making of Local Provisions Schedules.
10(32) Sets out the contents of the Local Provisions Schedules including certain
requirements in relation to the State Planning Provisions.
10(33) Provides for how inconsistencies between the State Planning Provisions and a
Local Provisions Schedule, and within a Local Provisions Schedule are to be
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resolved, including specifying the circumstances in which a provision of a Local
Provisions Schedule are able to override or modify the State Planning
Provisions.
10(34) Establishes criteria against which draft Local Provisions Schedules, amendments
to Local Provisions Schedules or a special Local Provisions Schedules are to be
assessed. [Note the requirements, apart from the need to be consistent with the
requirements for the contents of a Local Provisions Schedule, are broadly consistent
with the requirements in the Principal Act for planning schemes]
10(35) Provides that a planning authority may prepare a draft Local Provisions
Schedule that meets the LPS criteria or the Minister may direct a planning
authority to prepare a draft Local Provisions Schedule and may specify the
timeframe for the draft to be provided and requirements for the draft. Provides
that the Commission must seek the Minister’s approval to issue a notice to the
planning authority to exhibit the draft and that the draft can be modified at this
stage.
10(35A) Provides that if a planning authority fails to provide a draft Local Provisions
Schedule to the Commission as directed by the Minister, the Minister may
direct the Commission to prepare the draft schedule and may specify the
timeframe and requirements for the draft. Provides that the Commission must
seek and consider comments from the planning authority on a draft it prepares.
10(35B) Provides that the Commission with the Minister’s approval can direct a planning
authority to undertake public exhibition on a draft Local Provisions Schedule.
10(35C & 35D) Sets out the process for a planning authority to exhibit the draft Local
Provisions Schedule and invite representations including notifications to state
service agencies, adjoining planning authorities and other planning authorities in
a region and requires the Commission to make the draft Local Provisions
Schedules available for viewing by the public.
10(35E) Provides that any person may make a representation to the planning authority
within the exhibition period and how the representation is to be made.
Provides that representations may be made in relation to certain matters, that a
person may not include a representation to the effect that the content of a
State Planning Provisions should be altered, and that certain matters are taken
not to be representations.
10(35F) Provides that a planning authority must provide a report to the Commission on
the representations within 60 days or a longer period allowed by the
Commission and lists the matters that must be contained in the report.
10(35G) Provides that the planning authority can advise the Commission that, as a result
of considering representations, it is of the opinion that that the State Planning
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Provisions need to be altered and the Commission is to consider the advice
and provide its opinion to the Minister.
10(35H) Provides that the Commission as soon as practicable after receiving a planning
authority’s report on the representations must hold a hearing into the
representations. Sets out the circumstances in which the Commission is not
required to hold a hearing and provides that the Commission may consolidate
representations and may hold hearings that relate to more than one draft Local
Provisions Schedule.
10(35I) Provides that a planning authority may apply to the Commission to withdraw a
draft Local Provisions Schedule where a report has not been provided to the
Commission and the planning authority proposes to prepare a further draft
Local Provisions Schedule or Special Local Provisions Schedule. Also provides
the Commission may approve or refuse the application and the requirements
for the planning authority to notify if the withdrawal is approved.
10(35J) Sets out the matters that the Commission must consider in relation to a draft
Local Provisions Schedule including the planning authority’s report, the
information obtained at hearings, whether modifications should be made to the
draft and whether the draft meets the LPS criteria.
10(35K) Provides that the Commission may direct a planning authority to modify the
draft Local Provisions Schedule, may modify the draft itself and notify the
planning authority, or direct the planning authority to resubmit a substitute draft
or substantially modified draft and resubmit it to the Commission. Provides that
permits can’t be issued that would contravene the modified draft Local
Provisions Schedule. Also provides that, where a draft Local Provisions
Schedule is substituted or substantially modified, it is subject to the same
requirements for public exhibition as a draft Local Provisions Schedule.
10(35L) Provides that the Commission may approve the draft with the Minister’s
approval and must do so within 90 days of receiving the planning authority’s
report in relation to the original or substituted draft Local Provisions Schedule
(or a longer period allowed by the Minister). Sets out how the approval must
be signed by the Commission.
10(35M) Provides that the Commission must notify the planning authority and publish in
the Gazette notice of the approval of the Local Provisions Schedule, that the
planning authority must give a prescribed notice, sets out when the draft
Schedule comes into effect and provides that the approval comes into effect
despite failure to comply with a timeframe referred to in this part of the Act.
10(35N) Provides the purposes of a review of a Local Provisions Schedule or part of a
Local Provisions Schedule including whether it effectively sets out policy
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objectives; complies with, or is consistent with, the State Planning Provisions; is
consistent with the applicable regional land use strategy; satisfactorily applies
state policies; and is consistent with and coordinates with the LPS of the
adjoining municipal area.
10(35O) Provides that a planning authority must conduct a review of its Local Provisions
Schedule at the end of 5 years after a it has been in effect unless a new draft
schedule has been prepared, and the Minister may direct the planning authority
or the Commission to undertake a review of all or part of the Local Provisions
Schedule at any other time.
10(35P) Provides the process that a planning authority or the Commission must follow
to ensure public input into the review of a Local Provisions Schedule and the
matters to be considered.
10(35Q) Provides for the Commission or a planning authority to prepare a Special Local
Provisions Schedule in specific circumstances. [these provisions are similar to and
replace the requirements in the Principal Act for Special Planning Orders]
10(35R) Sets out when a Special Local Provisions Schedule comes into effect, that
where there are inconsistencies between a Local Provisions Schedule and a
Special Local Provisions Schedule that the provisions of the LPS does not apply
to the extent of the inconsistency and provides for the circumstances for a
Special Local Provisions Schedule ceasing to operate including by being
disallowed by either House of Parliament.
10(35S) Provides that the Commission can revoke a Special Local Provisions Schedule,
the circumstances in which it may be revoked and how revocation is to be
notified.
10(35T) Provides that the Commission may assume the responsibilities and obligations
of the planning authority if the planning authority fails to comply with the
period specified in the provisions of this part of the Act and that the planning
authority must pay the costs incurred by the Commission.
10(36) Inserts definitions for exhibition notice, exhibition period, exhibition premises
and relevant exhibition documents for amendments to Local Provisions
Schedules.
10(37) Provides that a person may request a planning authority to amend a Local
Provisions Schedule, specifies the form of the request and that it is to be signed
by the owner or accompanied by the written permission of the owner.
10(38) Provides that the planning authority must consider the LPS criteria and decide
whether to agree to the amendment and prepare the draft amendment or
refuse to prepare the draft amendment, and must give notice to the person
who made the request.
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10(39) Provides that a person can’t make a new request for an amendment within 2
years that is substantially the same as a request that the planning authority has
decided to refuse unless allowed by the Commission. The Commission can
only allow a new request if there has been a change to the State Planning
Provisions or relevant regional land use strategy and the Commission is satisfied
the change is relevant to the request.
10(40) Provides that within 28 days of receiving a request for an amendment to the
Local Provisions Schedule the planning authority can require additional
information and the clock stops for consideration of the amendment until the
information is received. Provides that an application for a planning permit lapses
if the additional information is not provided within 5 years of the date that it
was requested.
10(40A) Provides that an applicant can ask the Commission to review the planning
authority’s request for additional information, within 14 days of receiving the
notice. The Commission must either: direct the planning authority to revoke
the request, issue a new notice or determine that the request was appropriate.
The clock stops while the Commission is undertaking the review.
10(40B) Provides that a person may request the Commission to review a planning
authority’s decision not to prepare an amendment. The Commission must
either direct the planning authority to reconsider whether to prepare the
amendment, or determine that the planning authority’s decision took into
account the relevant matters. The clock stops while the Commission is
undertaking its review.
10(40C) Provides that the Minister may direct a planning authority to prepare a Local
Provisions Schedule to ensure the schedule is: consistent with the State
Planning Provisions, consistent with the applicable regional land use strategy,
applies a State Policy, in accordance with a Ministerial direction under the Act
or, on the advice of the Commission, for any other matter the Minister thinks
fit. The draft amendment is to be provided to the Commission by a specified
date that is within 42 days of the date of the direction and the Minister must
give notice of the direction in a relevant newspaper.
10(40D) Provides that a planning authority must prepare a draft amendment to a Local
Provisions Schedule within 42 days of making the decision to prepare an
amendment that a person has requested or it may prepare an amendment of
its own motion.
10(40E) Provides that a planning authority may at any time decide to withdraw a draft
amendment to a Local Provisions Schedule that either it has prepared of its
own motion or, if it has been requested by another person, with the
agreement of the person that requested the amendment. Provides that the
Page 9 of 16
planning authority must notify the Commission and give notice of the
withdrawal in a relevant newspaper and that the withdrawal comes into effect
7 days after the date of the decision.
10(40F) Provides that a planning authority must consider whether a draft amendment
to a Local Provisions Schedule meets the LPS criteria prior to certifying the
draft amendment and that the planning authority may modify the draft if
necessary to meet the requirements. Provides that a copy of the amendment
must be given to the Commission within 7 days of certifying.
10(40G & 40H) Sets out the process for a planning authority to exhibit a draft amendment to
the Local Provisions Schedule and invite representations.
10(40I) Sets out the circumstances in which public exhibition is not required for an
amendment to the Local Provisions Schedule, including the circumstances that
are contained in the Principal Act and new circumstances for changes relating
to provisions that specify the structure or form of a Local Provisions Schedule
or a prescribed purpose.
10(40J) Provides that any person may make a representation on the draft amendment
to the Local Provisions Schedule to the planning authority within the exhibition
period and how the representation is to be made. Provides that
representations may be made in relation to certain matters, that a person may
not include a representation to the effect that the content of a State Planning
Provisions should be altered. Provides that certain matters are taken not to be
representations.
10(40K) Provides that a planning authority must provide a report to the Commission on
the representations within 35 days of the end of the exhibition period or a
longer period allowed by the Commission and lists the matters that must be
contained in the report.
10(40L) Provides that the Commission as soon as practicable after receiving a planning
authority’s report on the representations must hold a hearing into the
representations. Sets out the circumstances in which the Commission is not
required to hold a hearing and provides that the Commission may consolidate
representations and may hold hearings that relate to more than one draft Local
Provisions Schedule.
10(40M) Sets out the matters that the Commission must consider in relation to a draft
amendment to a Local Provisions Schedule including the planning authority’s
report on representations, the information obtained at hearings, whether
modifications should be made to the draft amendment and whether the draft
amendment meets the LPS criteria.
Page 10 of 16
10(40N) Provides that the Commission may direct a planning authority to modify the
draft amendment to the Local Provisions Schedule, modify the draft itself and
notify the planning authority, reject the draft and direct the planning authority
to either resubmit a substitute draft or substantially modify a part of the draft
and resubmit it to the Commission, or substantially modify the draft
amendment itself and notify the planning authority.
10(40O) Provides that a modified amendment is resubmitted to the Commission within
28 days or a longer period allowed by the Commission.
10(40P) Provides for process for a substantially modified amendment including
certification by the Commission and public exhibition. [this is consistent with
current requirements for substantial alteration of an amendment to a planning
scheme]
10(40Q&40R) Provides that the Commission must approve the draft amendment within
90 days of receiving the planning authority’s report in relation to the draft
amendment to the Local Provisions Schedule or a substituted draft
amendment, or a longer period allowed by the Minister if it is satisfied that it
meets the LPS criteria, and sets out how the approval must be signed by the
Commission.
10(40S) Provides that the Commission must notify the planning authority of the
approval of the amendment to the Local Provisions Schedule, that the planning
authority must give the prescribed notice, sets out when the amendment
comes into effect and provides that the approval comes into effect despite
failure to comply with a timeframe specified in this part of the Act.
10(40T) Provides that a permit can be applied for at the same time as a request for an
amendment to the Local Provisions Schedule – a combined permit and
amendment application.
10(40U) Provides that a planning authority can ask for additional information before it
considers an application for a combined amendment and permit. Provides that
an application for a planning permit lapses if the additional information is not
provided within 5 years of the date that it was requested.
10(40V) Provides that an applicant can ask the Commission to review the planning
authority’s request for additional information. The Commission must either:
direct the planning authority to revoke the request, issue a new notice or
determine that the request was appropriate. The clock stops while the
Commission is undertaking the review.
10(40W) Provides that the planning authority may agree or refuse to agree to a request
for a combined amendment to a Local Provisions Schedule and permit and sets
out the process to be followed.
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10(40X) Provides that a planning authority may consider the permit application
concurrently with an application for an amendment to a Local Provisions
Schedule.
10(40Y) Provides that the permit must be decided prior to public exhibition and that it
must be decided in accordance with specified requirements.
10(40Z) Sets out the requirements for exhibition of the draft permit and relevant
supporting information.
10(41) Provides that any person may make a representation to the planning authority
about the permit within the exhibition period and how the representation is to
be made. Also provides for representations to be referred to the Environment
Protection Authority where relevant.
10(42) Provides that a planning authority must provide a report to the Commission on
the representations in relation to the permit at the same time it provides its
report on the draft amendment and lists the matters that must be contained in
the report.
10(42A) Sets out the matters that the Commission must consider in relation to a
permit.
10(42B) Provides that, at the same time as making a decision on the draft amendment,
the Commission may confirm the decision of the planning authority on the
permit, modify the permit, refuse it or grant a permit if the planning authority
had refused one and that the Commission must give notice of its decision to
various parties.
10(42C) Establishes when the permit takes effect and that it is possible to extend the life
of the permit for up to a total of 6 years.
10(42D) Allows for the Commission or planning authority to correct minor mistakes in a
permit issued as a result of a combined permit and amendment process.
10(43) Allows for minor amendments to a permit and sets out the process including
that the Commission, Environment Protection Authority or Heritage Council
are to be notified if relevant.
10(44) Provides that the Commission may assume the responsibilities and obligations
of the planning authority if the planning authority fails to comply with a period
specified in the provisions of this part and that the planning authority must pay
the costs incurred by the Commission. Provides that failure to comply with a
provision within a timeframe specified in the Part does not invalidate an
amendment of a Local Provisions Schedule.
10(45) Allows the Commission to designate the planning authority to have jurisdiction
over a planning scheme where there are changes to municipal areas.
Page 12 of 16
11-12 Removes references to special planning orders in sections 48 and 48A of the
Principal Act because these are no longer required.
13 Repeals section 49 of the Principal Act which previously ensured that planning
schemes and special planning orders are not inconsistent with the sections of
the Principal Act covering notification or publication of an application for
planning approval or appeal rights because these are no longer required.
14 Amendment reflecting new cross reference due to renumbering as a result of
amendments to the Act.
15 Removes references to special planning orders in section 51 of the Principal
Act because these are no longer required and makes a number of related
changes to reflect the new language and structure of the Tasmanian Planning
Scheme.
16 Removes references to special planning orders in section 52 of the Principal
Act because these are no longer required and ensures that production licenses
are included in the relevant subsections to correct an error where these have
been unintentionally omitted in the Principal Act.
17 Amends section 54 of the Principal Act to provide that an application for a
planning permit lapses if additional information is not provided within 5 years of
the date that it was requested.
18 Removes references to special planning orders in section 57 of the Principal
Act because these are no longer required.
19 Removes a reference to special planning orders in section 57 of the Principal
Act because this is no longer required. Amends section 58 of the Principal Act
to provide that the new period within which a planning authority must grant a
permit in relation to a permitted use or development is 21 days, to replace the
current 28-day period. However, where a submission is sought from the
relevant regulated entity under the Water and Sewerage Industry Act 2008 the
clock stops during the time that the submission is sought and received.
20 Amends section 58A of the Principal Act to reflect new cross reference due to
renumbering as a result of the amendments.
21-25 Removes references to special planning orders, interim orders, interim planning
schemes and planning schemes made under section 30N in section 60C, 60N,
60T, 60X and 60Y of the Principal Act because these are no longer required.
26 Amendment to section 61 of the Principal Act reflecting new cross references
due to renumbering resulting from the amendments.
Page 13 of 16
27 Amends section 62 of the Principal Act to provide that, for approvals given on
appeal where a subsequent provision has changed, the use is ‘lawfully
established’ for the purpose of the existing use rights provisions of the Act.
28-29 Removes references to special planning orders in section 63 and 63A of the
Principal Act because these are no longer required.
30 Removes redundant cross reference from section 65B of the Principal Act.
31-41 Removes references to special planning orders, inserts references to State
Planning Provisions and Local Provisions Schedules, and reflects new cross
references due to renumbering from the amendments in sections 65D, 65E, 66,
67, 69, 71, 72, 73A, 74, 77 and 80 of the Principal Act.
42 Provides for the electronic planning instruments in section 80K of the Principal
Act to include the Tasmanian Planning Scheme, planning schemes as defined in
the Act and historical planning instruments, such as dispensations, that were in
effect prior to this amendment Act commencing. Also provides for savings
provisions to reflect interim orders, planning schemes and special planning
orders made under the Principal Act prior to commencement of these
amendments.
43 Provides for the Tasmanian Planning Scheme to be included in provisions
related to authorised electronic versions of planning instruments in section 80M
of the Principal Act.
44 Provides for the draft State Planning Provisions, draft amendments to the State
Planning Provision, draft Local Provisions Schedules and a draft amendment to
the Local Provisions Schedules to be included in provisions related to electronic
issue of documents, e.t.c. in section 80Q of the Principal Act.
45 Removes references to special planning orders in section 81A of the Principal
Act because these are no longer required.
46 Provides that draft SPPs, the SPPs, a draft amendment of the SPPs, an
amendment of the SPPs, a draft of and LPS, and LPS, a draft amendment of the
LPS and an amendment of the LPS and various notices are not a statutory rule
for the purposes of the Rules Publication Act 1953, to remove any doubt.
47 Removes a reference to special planning orders in section 83 of the Principal
Act because this is no longer required.
48 Replaces reference to a planning scheme with a Local Provisions Schedule in
section 85 of the Principal Act.
49-50 Inserts a new section 87C for savings and transitional matters arising under the
Amendment Act that are included in new schedule 6 to the Principal Act.
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50(1) Inserts certain definitions to support the operation of the savings and
transitional provisions.
50(2) Provides for saving of regional land use strategies and regional areas declared
prior to the commencement of the amendments to the Act.
50(3) Provides for saving of planning directives, interim planning directives, planning
purposes notices, planning schemes in force prior to the commencement of the
Tasmanian Planning Scheme Amendment Act as well as the allowing for
amendments to these instruments until Local Provisions Schedules are in effect.
50(4) Provides for saving of requests for certain amendments for zoning changes in a
planning scheme made prior to a Local Provisions Schedules coming into effect.
50(5) Provides for saving of requests for amendments to alter to the contents of
particular purpose zones and specific area plans and amendments to establish
new specific area plans initiated prior to a Local Provisions Schedules coming
into effect.
50(6) Provides for saving of certain amendments made prior to the Local Provisions
Schedule coming into effect and provides that these be treated as amendments
to a Local Provisions Schedule.
50(7) Provides that requests for amendments to a planning scheme that have been
made before a Local Provisions Schedule comes into effect will lapse unless
they are a type of amendment that has been specified as being saved.
50(8) Provides that a Local Provisions Schedule must contain the particular purpose
zones, specific area plans and site specific qualifications that were in effect in a
planning scheme prior to the Local Provisions Schedule being drafted and that
these may be amended if required, unless the Minister, after consulting with the
Commission, declares that they must not be included. Also provides that the
significant social, economic or environment benefit or unique spatial application
tests only apply to amendments to those particular purposes zones, specific
area plans or site specific qualifications.
50(9) Provides that applications for permits made under the Principal Act, but not
determined before a Local Provisions Schedule comes into effect, can be
withdrawn at any time.
50(10) Provides for saving of appeal rights for minor amendments to permits made as
part of a combined permit and planning scheme amendment process.
51-54 Consequential amendments to the Environmental Management and Pollution
Control Act 1994 to ensure that permits combined with a planning scheme
amendment process continue to be referred to, and assessed by, the
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Environment Protection Authority in the same manner as under the existing
Environmental Management and Pollution Control Act 1994.
55-56 Consequential amendments to the Historic Cultural Heritage Act 1995 to ensure
that permits combined with a planning scheme amendment process continue
to be assessed in the same manner as under the existing Historic Cultural
Heritage Act 1995.
57-58 Consequential amendments to the Tasmanian Planning Commission Act 1997 to
update provisions in respect of which delegation and directions are restricted
to reflect new cross references due to renumbering from the amendments.
59-64 Consequential amendments to the Water and Sewerage Industry Act 2008 to
ensure that draft amendments to planning schemes, draft amendments to Local
Provisions Schedules, and permits combined with a planning scheme
amendment process continue to be referred to the relevant regulated entity
(currently TasWater) in the same manner as under the existing Water and
Sewerage Industry Act 2008.
65 Provides that the Amendment Act is repealed 365 days after the day on which
all the provisions of the Act commence.
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