AustLII Tasmanian Consolidated Acts

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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 35Q

Division 7 - Special Local Provisions Schedules Special Local Provisions Schedules

(1)  The Commission may prepare a draft Special LPS and approve a Special Local Provisions Schedule in the terms of the draft Special LPS so prepared.
(2)  A planning authority may prepare a draft Special LPS and submit it to the Commission.
(3)  The Commission, if it receives from a planning authority a draft Special LPS submitted to the Commission under subsection (2) , must –
(a) approve a Special Local Provisions Schedule in the terms of the draft Special LPS; or
(b) with the agreement of the planning authority, modify the draft Special LPS and then approve a Special Local Provisions Schedule in the terms of the draft Special LPS so modified; or
(c) refuse to approve a Special Local Provisions Schedule in the terms of the draft Special LPS.
(4)  A Special Local Provisions Schedule that applies to a municipal area may only be approved under subsection (3) if the Commission is satisfied that –
(a) either –
(i) there are contradictions in, or inconsistencies between, the provisions of an LPS that applies to the municipal area; or
(ii) it is necessary to introduce an LPS that applies to a municipal area to which an LPS does not apply or will cease to operate; and
(b) the application of the provisions of Division 4 to the making of an LPS to address the matters referred to in paragraph (a)(i) or (ii) would result in an unacceptable delay; and
(c) it is in the public interest to do so.
(5)  A Special LPS must comply with Division 2 as if a reference in that Division to a draft LPS were a reference to a draft Special LPS.
(6)  Divisions 3 , 4 and 5 do not apply in relation to a draft Special LPS.
(7)  The Commission must provide to a planning authority in relation to a municipal area notice of the approval of a Special Local Provisions Schedule under subsection (1) , or of a decision under subsection (3) in relation to a draft Special LPS, that relates to the planning authority's municipal area.
(8)  The Commission must cause notice of the approval of a Special Local Provisions Schedule, and of the place at which the Special Local Provisions Schedule may be inspected, to be published in the Gazette and in a newspaper that is published in Tasmania and circulates generally in the municipal area to which the Special Local Provisions Schedule relates.



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