AustLII Tasmanian Consolidated Acts

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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 30NB

Subdivision 3B - Interim SPPs amendments Interim SPPs amendments

(1)  The Minister, after having given a notice under section 30G(3) of the approval for exhibition of a draft amendment of the SPPs, may give to the Commission a notice requesting the Commission to advise the Minister, within a period specified in the notice, as to whether some or all of the provisions of the draft amendment of the SPPs should become an interim SPPs amendment.
(2)  The Commission, within the period specified in a notice under subsection (1) or a longer period allowed by the Minister, is to –
(a) advise the Minister whether, in the opinion of the Commission, some or all of the provisions of the draft amendment of the SPPs should become an interim SPPs amendment; and
(b) give to the Minister the Commission’s reasons for giving that advice.
(3)  The Minister, after considering the advice, and opinion, received under subsection (2) in relation to a draft amendment of the SPPs, may –
(a) make an interim SPPs amendment in the terms of some or all of the provisions of the draft amendment of the SPPs, modified, if at all, as the Minister thinks fit; or
(b) decide not to make an interim SPPs amendment in the terms of some or all of the provisions of the draft amendment of the SPPs.
(4)  The Minister may only make an interim SPPs amendment under subsection (3)(a) in the terms of some or all of the provisions of a draft amendment of the SPPs, modified, if at all, as the Minister thinks fit, if the Minister is satisfied that –
(a) it is necessary or desirable to make the interim SPPs amendment in order to urgently address issues relating to a natural or environmental hazard, public health, public safety or a prescribed circumstance or matter; and
(b) it is in the public interest to give effect as soon as practicable to the provisions of the draft amendment of the SPPs contained in the interim SPPs amendment.
(5)  If the Minister makes an interim SPPs amendment under subsection (3)(a) , the Minister must –
(a) give written notice of the interim SPPs amendment to the Commission and all planning authorities; and
(b) publish in the Gazette notice of the making of the interim SPPs amendment and of the day on which the interim SPPs amendment is to come into effect as an amendment of the Tasmanian Planning Scheme, which is to be a day on or after the day on which the notice is so published.
(6)  If the Minister decides under subsection (3)(b) not to make an interim SPPs amendment, the Minister must give written notice of the decision to the Commission.
(7)  As soon as practicable after the Minister makes a decision under subsection (3) in relation to a draft amendment of the SPPs –
(a) the Commission must place on the Commission’s principal website a copy of the advice and reasons given under subsection (2) in relation to the draft amendment of the SPPs; and
(b) the Minister must place on a website of the Department a copy of the Minister’s reasons for making the decision.



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