AustLII Tasmanian Consolidated Acts

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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 12G

Making of the TPPs

(1)  The Minister may inform himself or herself, in the manner he or she thinks fit, in relation to a draft of the TPPs.
(2)  The Minister may make, or refuse to make, the Tasmanian Planning Policies in the terms of the draft of the TPPs modified, if at all, as the Minister thinks fit.
(3)  If the Minister intends to substantially modify the TPPs from the draft of the TPPs, the Minister must direct the Commission to comply with sections 12D and 12F in relation to the substantially modified TPPs as if the draft was a draft of the TPPs provided to the Commission under section 12C(3) .
(4)  The Minister may only make, or refuse to make, the Tasmanian Planning Policies under subsection (2) after considering the report provided to him or her under section 12F(2) in relation to a draft of the TPPs or a substantially modified draft of the TPPs under subsection (3) .
(5)  The Minister may not make the Tasmanian Planning Policies unless the Minister is satisfied, on advice from the Tasmanian Planning Commission, that they meet the TPP criteria.
(6)  As soon as practicable after, under subsection (2) , making the Tasmanian Planning Policies, the Minister must publish a notice in the Gazette  –
(a) specifying that the Minister has made the Tasmanian Planning Policies; and
(b) specifying –
(i) a day, after the day on which the notice is published in the Gazette , on which the Tasmanian Planning Policies come into effect; or
(ii) a period, after the day on which the notice is published in the Gazette , at the end of which the Tasmanian Planning Policies come into effect.
(7)  The Tasmanian Planning Policies made under subsection (2) come into effect –
(a) on the day specified, in the notice published in the Gazette under subsection (6) , as the day on which the Tasmanian Planning Policies are to come into effect; or
(b) on the day after the end of the period specified, in the notice published in the Gazette under subsection (6) , as the period at the end of which the Tasmanian Planning Policies are to come into effect.
(8)  As soon as practicable after, under subsection (2) , refusing to make the Tasmanian Planning Policies in the form of a draft of the TPPs, the Minister must publish a notice in the Gazette that the Minister has refused to make the Tasmanian Planning Policies and publish his or her reasons for refusing to make the TPPs.
(9)  As soon as practicable after, under subsection (2) , making the Tasmanian Planning Policies, the Minister must publish in a newspaper that is published, and circulates generally, in Tasmania, a notice –
(a) specifying that the Minister has made the Tasmanian Planning Policies; and
(b) specifying –
(i) a day on which the Tasmanian Planning Policies come into effect; or
(ii) a period, after the day on which the notice is published in the Gazette , at the end of which the Tasmanian Planning Policies come into effect; and
(c) specifying, if the Tasmanian Planning Policies are in the terms of a draft of the TPPs modified as the Minister thinks fit, the reasons why the Minister modified the draft of the TPPs, including the evidence on which the Minister has based his or her reasons on.



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