Land Use Planning and Approvals Amendment Regulations 2014

Land Use Planning and Approvals Amendment Regulations 2014

I, the Lieutenant-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 .

1 July 2014

A. M. BLOW

Lieutenant-Governor

By His Excellency's Command,

Peter Gutwein

Minister for Planning and Local Government

1.   Short title

These regulations may be cited as the Land Use Planning and Approvals Amendment Regulations 2014 .

2.   Commencement

These regulations take effect on the day on which section 19 of the Land Use Planning and Approvals Amendment Act 2013 commences.

3.   Principal Regulations

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

4.    Regulation 5A inserted

After regulation 5 of the Principal Regulations , the following regulation is inserted in Part 2:

5A.   Notice of modification to planning scheme subsequent to grant of dispensation

(1)  For the purposes of section 30X(6)(c) of the Act, if the Commission has, under section 30X(4) of the Act, modified a planning scheme for the purpose of ensuring a use, or development, to which a permit granted or confirmed under section 30Y(1) of the Act relates, is consistent with the planning scheme, notice of the modification is to be –

(a) given to the owner of the land to which the permit relates; and

(b) given to the planning authority in respect of the land; and

(c) advertised in a daily newspaper circulating generally in the area to which the planning scheme relates; and

(d) displayed at the office of the Commission for at least 14 days.

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

(a) specify when and where copies of the modification to the planning scheme may be inspected by members of the public; and

(b) specify the day on which the modification takes effect; and

(c) specify that the modification relates to a dispensation granted under the Act; and

(d) include any other details determined by the Commission.

5.    Regulation 9A amended (Fee for application for dispensation)

Regulation 9A(1) of the Principal Regulations is amended by omitting " section 30P(1) " and substituting "section 30Q(1)".

6.    Part 5 inserted

After regulation 16 of the Principal Regulations , the following Part is inserted:

PART 5 - Dispensations

17.   Matters to be taken into account in deciding permit application where dispensation sought

(1)  In this regulation –

regulated entity has the meaning it has in the Water and Sewerage Industry Act 2008 ;

sewerage infrastructure has the meaning it has in the Water and Sewerage Industry Act 2008 .

(2)  A planning authority that is of the opinion that a use, or development, in relation to which an application for a permit is made under section 30R(1) of the Act, may have an adverse effect in relation to a regulated entity must request the regulated entity to provide to the planning authority water and sewerage advice in relation to the proposed permit.

(3)  For the purposes of section 30T(4)(b) of the Act, if a planning authority is of the opinion that a use, or development, in relation to which an application for a permit is made under section 30R(1) , may have an adverse effect in relation to a regulated entity, the planning authority must take into consideration any water and sewerage advice, received by the planning authority from the regulated entity, in relation to the use or development.

(4)  For the purposes of this regulation, a use or development may have an adverse effect in relation to a regulated entity if the use or development may –

(a) increase the demand for water supplied by the regulated entity; or

(b) increase the amount of sewage or toxins that is to be removed by, or discharged into, the regulated entity's sewerage infrastructure; or

(c) damage or interfere with the regulated entity's works; or

(d) adversely affect the regulated entity's operations.

(5)  For the purposes of this regulation, water and sewerage advice in relation to a use or development is advice by a regulated entity as to whether the entity –

(a) objects, on specified grounds, to the grant of a permit in relation to the use or development; or

(b) does not object to the grant of a permit in relation to the use or development; or

(c) does not object to the grant of a permit in relation to the use or development if the permit is subject to conditions specified by the regulated entity.

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

Notified in the Gazette on 3 July 2014

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 by –

(a) prescribing the matters to be taken into account in deciding permit applications where the permit could not be granted unless a dispensation from a local provision of an interim planning scheme were granted; and

(b) prescribing the notice required to be given of the modification of a planning scheme after the grant of such a dispensation; and

(c) updating a cross reference.