Land Use Planning and Approvals Amendment Regulations 2012


Tasmanian Crest
Land Use Planning and Approvals Amendment Regulations 2012

I, the Governor 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 .

17 December 2012

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

BRYAN GREEN

Minister for Planning

1.   Short title

These regulations may be cited as the Land Use Planning and Approvals Amendment Regulations 2012 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Land Use Planning and Approvals Regulations 2004 are referred to as the Principal Regulations.

4.    Regulation 8A inserted

After regulation 8 of the Principal Regulations , the following regulation is inserted in Part 2:

8A.   Notice of modification of planning scheme

(1)  For the purposes of section 14(5) of the Act, notice by the Commission of the modification of a planning scheme under section 14(2) of the Act is to be –
(a) advertised in a daily newspaper circulating generally in the area to which the planning scheme relates; and
(b) displayed at the offices of the Commission.
(2)  The notice under subregulation (1) is to –
(a) specify when and where copies of the modification of the planning scheme may be examined; and
(b) specify the date on which the modification comes into operation; and
(c) include any other details determined by the Commission.

5.    Regulation 9A inserted

After regulation 9 of the Principal Regulations , the following regulation is inserted in Part 3:

9A.   Fee for application for dispensation

(1)  The fee for an application under section 30P(1) of the Act for dispensation from a local provision of an interim planning scheme is 200 fee units.
(2)  The fee is payable to the Commission.
(3)  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.

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

Notified in the Gazette on 26 December 2012

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Land Use Planning and Approvals Regulations 2004 to prescribe the requirements for a notice of modification of a planning scheme under section 14(5) of the Land Use Planning and Approvals Act 1993 and prescribe the fee for an application for a dispensation under section 30P of that Act.