Land Use Planning and Approvals Amendment Regulations 2017

Land Use Planning and Approvals Amendment Regulations 2017

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 .

4 July 2017

C. WARNER

Governor

By Her 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 2017 .

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 2014 are referred to as the Principal Regulations.

4.    Regulation 11A inserted

After regulation 11 of the Principal Regulations , the following regulation is inserted in Part 3:

11A.   Limit on fee for application for permit for change of certain uses related to visitor accommodation

(1)  This regulation applies in relation to –

(a) an application for a permit in relation to a use, if –

(i) the application is made under an interim planning scheme; and

(ii) the use is referred to, in the interim planning scheme, as Visitor Accommodation; and

(iii) the use is to occur in an existing building; and

(iv) the gross floor area, of the building, in which the use is to occur is not more than 300 square metres; and

(v) the use is to occur on land that is designated under the interim planning scheme to be within the General Residential Zone, the Inner Residential Zone, the Low Density Residential Zone, the Rural Living Zone, the Environmental Living Zone or the Village Zone; or

(b) an application for a permit in relation to a use, if –

(i) the application is made under the Sullivans Cove Planning Scheme 1996; and

(ii) the use is referred to, in the scheme, as Bed and Breakfast Establishment or as Visitor Accommodation; and

(iii) the use is to occur in an existing building; and

(iv) the gross floor area, of the building, in which the use is to occur is not more than 300 square metres; and

(v) the use is to occur on land that is designated under the scheme to be within the Activity Area 1.0 Inner City Residential (Wapping).

(2)  A person is exempt from the liability to pay to a planning authority, and a planning authority is not authorised to collect, so much of an amount, of a fee for an application to which this regulation applies, that is more than $250.

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

Notified in the Gazette on 5 July 2017

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations impose a limit of $250 on the amount that may be imposed by a planning authority as the fee for an application for a permit in relation to a change of use, of an area of land to which an interim planning scheme, or the Sullivans Cove Planning Scheme 1996, applies, to Visitor Accommodation or Bed and Breakfast Establishment.