Land Use Planning and Approvals Regulations 2004

Land Use Planning and Approvals Regulations 2004

I, the Administrator in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Land Use Planning and Approvals Act 1993 .

13 December 2004

PETER G. UNDERWOOD

Administrator

By His Excellency's Command,

JUDY JACKSON

Minister for Environment and Planning

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Land Use Planning and Approvals Regulations 2004 .

2.   Commencement

These regulations take effect on 1 January 2005.

3.   Interpretation

In these regulations –

Act means the Land Use Planning and Approvals Act 1993 .

PART 2 - Notices and Advertisements

4.   Advertisement of exhibition of draft planning scheme

(1)  For the purposes of section 25(a)(ii) of the Act, the exhibition of the draft planning scheme is to be advertised on at least 2 occasions in a daily newspaper circulating generally in the area covered by the draft planning scheme, with at least one of those advertisements to be on a Saturday.

(2)  An advertisement under subregulation (1) is to –

(a) specify where and when copies of the draft planning scheme may be inspected; and

(b) specify that representations in relation to that draft planning scheme may be submitted in accordance with section 26(1) of the Act; and

(c) explain how to make those representations; and

(d) include any other details determined by the planning authority.

5.   Notification of approval of draft planning scheme

(1)  For the purposes of section 29(3)(d) of the Act, notice of the Commission's approval is to be –

(a) advertised in a daily newspaper circulating generally in the area covered by the draft planning scheme; and

(b) displayed at the planning authority's office.

(2)  A notice under subregulation (1) is to –

(a) specify the date the planning scheme comes into operation; and

(b) include any other details determined by the planning authority.

6.   Advertisement of exhibition of draft amendment, &c.

(1)  For the purposes of sections 38(b) and 41B(1)(b) of the Act, the exhibition of a draft amendment is to be advertised on at least 2 occasions in a daily newspaper circulating generally in the area covered by the draft amendment, with at least one of those advertisements to be on a Saturday.

(2)  Also, if the draft amendment only relates to an individual parcel of land, the planning authority is to give notice of the exhibition of the draft amendment under sections 38(b) and 41B(1)(b) of the Act to –

(a) the owner of that parcel of land; and

(b) the owners and occupiers of land sharing a common boundary with that parcel of land.

(3)  An advertisement under subregulation (1) is to –

(a) specify where and when copies of the draft amendment may be inspected; and

(b) describe the content of the draft amendment and the location of the affected area; and

(c) specify that representations in relation to the draft amendment may be submitted in accordance with section 39(1) of the Act; and

(d) explain how to make those representations; and

(e) include any other details determined by the planning authority.

7.   Notification of approval of draft amendment

(1)  For the purposes of section 42(3)(d) of the Act, notice of the Commission's approval is to be –

(a) advertised in a daily newspaper circulating generally in the area covered by the draft amendment; and

(b) displayed at the planning authority's office.

(2)  A notice under subregulation (1) is to –

(a) describe the content of the planning scheme amendment and the location of the affected area; and

(b) specify the date the amendment comes into operation; and

(c) include any other details determined by the planning authority.

8.   Notification of application for permit

(1)  For the purposes of section 57(3) of the Act, notice by a planning authority of an application for a permit is to be –

(a) advertised in a daily newspaper circulating generally in the area relevant to the application; and

(b) displayed at the planning authority's office; and

(c) given to the owners and occupiers of all properties adjoining the land that is the subject of the application; and

(d) displayed on the land that is the subject of the application –

(i) in a size not less than A4; and

(ii) as near as possible to each public boundary.

(2)  Subregulations (1)(c) and (d) are taken to have been complied with if notice has been served under section 14 of the Major Infrastructure Development Approvals Act 1999 on each owner of land within a proposed corridor as if the land within the proposed corridor were land that was the subject of an application for a permit referred to in section 57 of the Act.

(3)  A notice under subregulation (1) is to –

(a) describe the content of the development proposal and the location of the affected area; and

(b) advise that representations may be made in accordance with section 57(5) of the Act, together with details of where and when representations can be lodged; and

(c) include any other details determined by the planning authority.

PART 3 - Miscellaneous

9.   Fee for initiating amendment of planning scheme

(1)  The fee for initiating the amendment of a planning scheme under section 34(1) of the Act is 200 fee units for each amendment or each group of related amendments.

(2)  The fee is payable to the Commission.

(3)  The fee is payable by –

(a) a person making a request under section 33 of the Act, if the planning authority initiates the amendment in response to that request; or

(b) a planning authority, if the planning authority initiates the amendment of its own motion.

(4)  If the Commission is of the opinion that paying a fee may cause a person financial hardship, the Commission may –

(a) waive the fee; or

(b) reduce the fee; or

(c) refund the whole or any part of the fee already paid.

10.   Relevant agencies

The following are declared to be relevant agencies for the purposes of sections 20(2)(f) , 61(5) and 69(1) of the Act:

(a) any Agency within the meaning of the State Service Act 2000 ;

(b) any departments of the Commonwealth;

(c) the Marine and Safety Authority established under section 4 of the Marine and Safety Authority Act 1997 ;

(d) a planning authority that administers a planning scheme for an area adjoining the area to which a planning scheme referred to in section 20(2) of the Act relates.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 22 December 2004

These regulations are administered in the Department of Primary Industries, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations replace the Land Use Planning and Approvals Regulations 1993 ; they –

(a) provide for the advertisement of certain exhibitions under the Land Use Planning and Approvals Act 1993 ; and

(b) provide for the notice requirements for certain exhibitions, approvals and applications under that Act; and

(c) prescribe the fee for initiating the amendment of a planning scheme; and

(d) declare relevant agencies for the purposes of certain sections of that Act.