Land Use Planning and Approvals Act 1993
An Act to make provision for land use planning and approvals
[Royal Assent 9 November 1993]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Land Use Planning and Approvals Act 1993 .
The provisions of this Act commence on a day or days to be proclaimed.
(1) [Section 3 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 104 of 1995, s. 4 and s. 35 and Sched. 1 ]In this Act, unless the contrary intention appears –[Section 3 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998][Section 3 Subsection (1) amended by No. 32 of 2011, s. 6, Applied:25 Oct 2011] accredited person means a person accredited or approved for the purposes of this Act under –(a) the Fire Service Act 1979 ; or(b) any other prescribed legislation;agreement means an agreement entered into under Part 5 ;[Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015] amendment of an LPS means an amendment, of an LPS, that is approved under section 40Q ;[Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015] [Section 3 Subsection (1) amended by No. 7 of 2021, s. 4, Applied:14 Jul 2021] amendment of the SPPs means an amendment, of the SPPs, that is made under section 30P , section 30NA(6) or section 30NB(3) ;[Section 3 Subsection (1) amended by No. 18 of 2021, s. 224, Applied:05 Nov 2021][Section 3 Subsection (1) amended by No. 18 of 2021, s. 224, Applied:05 Nov 2021] Appeal Tribunal means the Tasmanian Civil and Administrative Tribunal;[Section 3 Subsection (1) amended by No. 59 of 2013, s. 11, Applied:01 Jan 2014] authorised officer means a person who, under section 65I , is, or is authorised to be, an authorised officer;building includes –(a) a structure and part of a building or structure; and(b) fences, walls, out-buildings, service installations and other appurtenances of a building; and(c) a boat or a pontoon which is permanently moored or fixed to land;[Section 3 Subsection (1) amended by No. 32 of 2011, s. 6, Applied:25 Oct 2011] bushfire hazard management plan means a plan showing means of protection from bushfires in a form approved in writing by the Chief Officer;[Section 3 Subsection (1) amended by No. 59 of 2013, s. 11, Applied:01 Jan 2014] [Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015] certifiable scheme or order means a planning scheme prescribed for the purposes of section 50A ;[Section 3 Subsection (1) amended by No. 59 of 2013, s. 11, Applied:01 Jan 2014] certifiable permitted use or development means a use, or development, that is prescribed for the purposes of section 50A ;[Section 3 Subsection (1) amended by No. 32 of 2011, s. 6, Applied:25 Oct 2011] Chief Officer means the person appointed as Chief Officer under section 10 of the Fire Service Act 1979 ;[Section 3 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 3 Subsection (1) amended by No. 43 of 2009, s. 4, Applied:01 Jan 2010][Section 3 Subsection (1) amended by No. 43 of 2009, s. 4, Applied:01 Jan 2010] Commission means the Tasmanian Planning Commission established under the Tasmanian Planning Commission Act 1997 ;conservation includes preservation, maintenance, sustainable use and restoration of the natural and cultural environment;[Section 3 Subsection (1) amended by No. 49 of 2001, s. 4, Applied:16 Jul 2001] council has the same meaning as in the Local Government Act 1993 ;development includes –but does not include any development of a class or description, including a class or description mentioned in paragraphs (a) to (f) , prescribed by the regulations for the purposes of this definition;(a) the construction, exterior alteration or exterior decoration of a building; and(b) the demolition or removal of a building or works; and(c) the construction or carrying out of works; and(d) the subdivision or consolidation of land, including buildings or airspace; and(e) the placing or relocation of a building or works on land; and(f) the construction or putting up for display of signs or hoardings –[Section 3 Subsection (1) amended by No. 24 of 2014, s. 4, Applied:01 Jan 2015] [Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015] discretionary permit means a permit to which section 57 applies or to which, but for section 40Y(5) , section 57 would apply;[Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015] dispensation means a dispensation granted under this Act;[Section 3 Subsection (1) amended by No. 59 of 2013, s. 11, Applied:01 Jan 2014] [Section 3 Subsection (1) amended by No. 24 of 2014, s. 4, Applied:01 Jan 2015][Section 3 Subsection (1) amended by No. 59 of 2013, s. 11, Applied:01 Jan 2014] Executive Commissioner means the person from time to time holding that office under the Tasmanian Planning Commission Act 1997 ;[Section 3 Subsection (1) amended by No. 21 of 2020, s. 4, Applied:28 Oct 2020] general manager, in relation to a council, means a person who is appointed under section 61 of the Local Government Act 1993 as the general manager of the council;[Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015] [Section 3 Subsection (1) amended by No. 43 of 2009, s. 4, Applied:01 Jan 2010] [Section 3 Subsection (1) amended by No. 24 of 2014, s. 4, Applied:01 Jan 2015] [Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015]land includes –(a) buildings and other structures permanently fixed to land; and(b) land covered with water; and(c) water covering land; and(d) any estate, interest, easement, servitude, privilege or right in or over land;[Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015] Local Provisions Schedule means a Local Provisions Schedule that is in effect under section 35M(3) and includes such a Schedule as amended, if at all, by an amendment of an LPS that is in effect under section 40S(1) ;[Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015] LPS means a Local Provisions Schedule;[Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015] LPS criteria means the matters specified in section 34 ;[Section 3 Subsection (1) amended by No. 21 of 2020, s. 4, Applied:28 Oct 2020] major project has the meaning it has in section 60B ;[Section 3 Subsection (1) amended by No. 21 of 2020, s. 4, Applied:28 Oct 2020] major project permit means a major project permit granted under section 60ZZM ;[Section 3 Subsection (1) amended by No. 49 of 2001, s. 4, Applied:16 Jul 2001] modification includes elaboration, enlargement, alteration and substitution;[Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015] municipal area includes a part of a municipal area;[Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015] municipal district means a municipal area;[Section 3 Subsection (1) amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997]municipality means a council;[Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015] [Section 3 Subsection (1) amended by No. 64 of 2001, s. 11, Applied:10 Oct 2001][Section 3 Subsection (1) amended by No. 64 of 2001, s. 11, Applied:10 Oct 2001] owner means –[Section 3 Subsection (1) amended by No. 85 of 1997, Applied:01 Jan 1998]but does not include the holder of an interest in land other than the Crown in right of Tasmania if the interest of the holder cannot reasonably be discovered by a search of the Register, within the meaning of the Land Titles Act 1980 , or a search conducted at the Registry, within the meaning of the Registration of Deeds Act 1935 .(a) in the case of a fee simple estate in land, the person in whom that estate vested; or(b) in the case of land not registered under the Land Titles Act 1980 and subject to a mortgage, the person having, for the time being, the equity of redemption in that mortgage; or(c) in the case of land held under a tenancy for life, the person who is the life tenant; or(d) in the case of land held under a lease for a term of not less than 99 years or for a term of not less than such other prescribed period, the person who is the lessee of the land; or(e) in the case of land in respect of which a person has a prescribed interest, that person; or(f) in the case of Crown land within the meaning of the Crown Lands Act 1976 , the Crown in right of the State of Tasmania –[Section 3 Subsection (1) amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997] [Section 3 Subsection (1) amended by No. 84 of 1997, s. 4, Applied:01 Jan 1998] [Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015] permit means any permit, approval or consent required by a planning scheme to be issued or given by a municipality in respect of the use or development of any land;[Section 3 Subsection (1) amended by No. 59 of 2013, s. 11, Applied:01 Jan 2014] permitted use or development certificate means a certificate, issued under section 50B , that is in force;person includes a department, or other agency of Government of the State or the Commonwealth and an authority of the State or the Commonwealth;planning appeal means an appeal under section 61 ;[Section 3 Subsection (1) amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997] planning authority means a council;[Section 3 Subsection (1) amended by No. 59 of 2013, s. 11, Applied:01 Jan 2014] planning certifier means a person to whom has been issued an authorisation, under section 80C , that is in force;[Section 3 Subsection (1) amended by No. 59 of 2013, s. 11, Applied:01 Jan 2014] planning compliance certificate means a planning compliance certificate, within the meaning of section 60ZE(1) , that has been issued under section 60ZD and is in force;[Section 3 Subsection (1) amended by No. 43 of 2009, s. 4, Applied:01 Jan 2010] [Section 3 Subsection (1) amended by No. 59 of 2013, s. 11, Applied:01 Jan 2014] [Section 3 Subsection (1) amended by No. 24 of 2014, s. 4, Applied:01 Jan 2015] [Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015] [Section 3 Subsection (1) amended by No. 43 of 2009, s. 4, Applied:01 Jan 2010] [Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015][Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015] planning scheme – see section 10(2)(a) ;[Section 3 Subsection (1) amended by No. 43 of 2009, s. 4, Applied:01 Jan 2010] [Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015] regional area means an area specified in a notice under section 5A to be a regional area;[Section 3 Subsection (1) amended by No. 43 of 2009, s. 4, Applied:01 Jan 2010] [Section 3 Subsection (1) amended by No. 51 of 2012, Sched. 2, Applied:01 Jul 2013][Section 3 Subsection (1) amended by No. 43 of 2009, s. 4, Applied:01 Jan 2010] [Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015] regional land use strategy, in relation to a regional area, means the regional land use strategy declared under section 5A in relation to the area;relevant agency means –[Section 3 Subsection (1) amended by No. 49 of 2001, s. 4, Applied:16 Jul 2001] [Section 3 Subsection (1) amended by No. 43 of 2009, s. 4, Applied:01 Jan 2010] [Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015]declared by the regulations to be a relevant agency for the purposes of the provision in which the expression occurs or for the purposes of a matter prescribed in the regulations;(a) a department or other agency of Government of the State or of the Commonwealth; or(b) an authority of the State or of the Commonwealth established for a public purpose; or(c) a person undertaking a function for the public benefit –[Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015] representation, in relation to –includes a written statement of facts or reasons in support of or in opposition to the draft, application or project;(a) [Section 3 Subsection (1) amended by No. 36 of 2018, s. 4, Applied:17 Dec 2018] a draft of the SPPs or the TPPs, a draft amendment of the SPPs or the TPPs, a draft LPS or a draft amendment of an LPS; or(b) an application for a permit; or(c) [Section 3 Subsection (1) amended by No. 21 of 2020, s. 4, Applied:28 Oct 2020] a project in respect of which a major project permit may be granted –[Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015] Special Local Provisions Schedule means a Special Local Provisions Schedule, approved under section 35Q(3) , that is in effect;[Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015] Special LPS means a Special Local Provisions Schedule;[Section 3 Subsection (1) amended by No. 43 of 2009, s. 4, Applied:01 Jan 2010] [Section 3 Subsection (1) amended by No. 21 of 2020, s. 4, Applied:28 Oct 2020] [Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015][Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015] special planning order means an order that was, at any time before the substitution of section 47 of this Act by the Tasmanian Planning Scheme Amendment Act, in operation under this Act;[Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015] SPPs criteria means the matters specified in section 15 ;[Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015] State authority means any body or authority, whether incorporated or not, that is –(a) established or constituted under a written law or under the royal prerogative; and(b) a body, or authority, which, or of which the governing authority, wholly or partly comprises a person, or persons, appointed by the Governor, a Minister or another State authority;[Section 3 Subsection (1) amended by No. 21 of 1997, s. 17, Applied:01 Aug 1997] State Policy means a Tasmanian Sustainable Development Policy made under section 11 , or that comes into operation under section 12 , of the State Policies and Projects Act 1993 ;[Section 3 Subsection (1) amended by No. 36 of 2018, s. 4, Applied:17 Dec 2018] Tasmanian Planning Policies means the Tasmanian Planning Policies made under section 12G(2) , as amended from time to time under that section as applied by section 12H(3) ;[Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015] Tasmanian Planning Scheme – see section 9 ;[Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015] Tasmanian Planning Scheme Amendment Act means the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015;[Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015] the SPPs means the State Planning Provisions;[Section 3 Subsection (1) amended by No. 47 of 2015, s. 4, Applied:17 Dec 2015] the State Planning Provisions means the State Planning Provisions, made under section 27 , that are in effect under section 29(2) as part of the Tasmanian Planning Scheme, as those Provisions are amended, if at all, under Division 2 of Part 3 by an amendment of the State Planning Provisions that is in effect as part of the Tasmanian Planning Scheme under section 30R(2) ;[Section 3 Subsection (1) amended by No. 36 of 2018, s. 4, Applied:17 Dec 2018] the TPPs means the Tasmanian Planning Policies;use, in relation to land, includes the manner of utilising land but does not include the undertaking of development;[Section 3 Subsection (1) amended by No. 59 of 2013, s. 11, Applied:01 Jan 2014] water and sewerage certificate means a certificate issued under section 50D ;works includes any change to the natural or existing condition or topography of land including the removal, destruction or lopping of trees and the removal of vegetation or topsoil, but does not include forest practices, as defined in the Forest Practices Act 1985 , carried out in State forests.(2) [Section 3 Subsection (2) amended by No. 49 of 2001, s. 4, Applied:16 Jul 2001] Words and expressions used both in this Act and in the Local Government Act 1993 have in this Act, unless the contrary intention appears, the same respective meanings as they have in that Act.
(1) This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.(2) [Section 4 Subsection (2) amended by No. 4 of 2003, s. 9, Applied:16 Apr 2003] Subject to subsection (3) , this Act applies to all parts of the State except such parts as may from time to time be prescribed in the regulations and, in particular, applies to land in Wellington Park, as defined in the Wellington Park Act 1993 .(3) [Section 4 Subsection (3) amended by No. 49 of 2001, s. 5, Applied:16 Jul 2001] Part 3 of this Act does not apply to public land, within the meaning of the Public Land (Administration and Forests) Act 1991 , that is the subject of a reference to the Commission.
It is the obligation of any person on whom a function is imposed or a power is conferred under this Act to perform the function or exercise the power in such a manner as to further the objectives set out in Schedule 1 .
5A. Regional areas and regional land use strategies
[Section 5A Inserted by No. 47 of 2015, s. 5, Applied:17 Dec 2015](1) The Minister, by notice in the Gazette, may specify the regional areas into which the State is divided for the purposes of this Act.(2) A notice under subsection (1) is to specify the municipal areas that are within a regional area specified in the notice.(3) The Minister, by notice in the Gazette, may declare a regional land use strategy for a regional area.(3A) [Section 5A Subsection (3A) inserted by No. 36 of 2018, s. 5, Applied:17 Dec 2018] The Minister, having received advice from the Commission, must not declare a regional land use strategy unless he or she is satisfied that it –(a) furthers the objectives set out in Schedule 1 ; and(b) is consistent with each State Policy; and(c) is consistent with the TPPs.(4) The Minister must consult with –before issuing a notice under subsection (3) .(a) the Commission; and(b) the planning authorities; and(c) the State Service Agencies, and State authorities, as he or she thinks fit –(5) A regional land use strategy may incorporate or refer to any document prepared, by a planning authority in respect of a municipal area to which the regional land use strategy relates, for the purposes of reflecting the application of the regional land use strategy to the municipal area.(6) The Minister must keep all regional land use strategies under regular and periodic review.(7) [Section 5A Subsection (7) inserted by No. 36 of 2018, s. 5, Applied:17 Dec 2018] The Minister must, in reviewing a regional land use strategy under subsection (6) , consider whether the regional land use strategy –(a) furthers the objectives set out in Schedule 1 ; and(b) is consistent with each State Policy; and(c) is consistent with the TPPs.(8) [Section 5A Subsection (8) inserted by No. 36 of 2018, s. 5, Applied:17 Dec 2018] The Minister must review all regional land use strategies as soon as practicable after making the TPPs, or an amendment of the TPPs, so as to determine whether the strategies are consistent with the TPPs, or the amendment, respectively.
(1) [Section 6 Subsection (1) omitted by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] . . . . . . . .(2) [Section 6 Subsection (2) omitted by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] . . . . . . . .(3) A planning authority may, by resolution, delegate any of its functions or powers under this Act other than this power of delegation to a person employed by the authority.(4) A delegation may be made either generally or as otherwise provided by the instrument of delegation.(5) [Section 6 Subsection (5) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] Notwithstanding any delegation, a planning authority may continue to perform or exercise all or any of the functions or powers delegated.(6) [Section 6 Subsection (6) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] A function or power performed or exercised by a delegate has the same effect as if performed or exercised by a planning authority.
7. Application of Tasmanian Planning Scheme, and exercise by municipalities of powers, in respect of accretions from sea, &c.
[Section 7 Amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 7 Amended by No. 47 of 2015, s. 6, Applied:17 Dec 2015] A planning scheme and the Tasmanian Planning Scheme may apply to, and a municipality may exercise its powers under this Act in respect of–[Part 2 Substituted by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998](a) any accretion from the sea, whether natural or unnatural, adjoining its municipal district; and(b) any part of the sea-shore to the low-water mark adjoining its municipal district; and(c) [Section 7 Amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997] all bridges, jetties, wharves, boat-houses and other structures partly within its municipal district and partly in or over the sea adjacent to its municipal district; and(d) [Section 7 Amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997] [Section 7 Amended by No. 88 of 1999, s. 4, Applied:15 Dec 1999] [Section 7 Amended by No. 47 of 2015, s. 6, Applied:17 Dec 2015] any area of the sea directly adjoining its municipal district in, on, over or under which any use or development is related to, or affects, the use of any adjacent land, subject to section 11(3)(c) and (d) .
[Section 8 Substituted by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] The functions of the Commission under this Act are to –(a) [Section 8 Amended by No. 47 of 2015, s. 8, Applied:17 Dec 2015] when required to do so under this Act, prepare draft SPPs, draft Special LPSs, draft LPSs, draft amendments of the SPPs and draft amendments of LPSs and conduct public exhibition, and prepare reports, in relation to such drafts; and(ab) [Section 8 Amended by No. 47 of 2015, s. 8, Applied:17 Dec 2015] [Section 8 Amended by No. 36 of 2018, s. 6, Applied:17 Dec 2018] conduct reviews of the SPPs, the TPPs and the LPSs, when required to do so under this Act; and(ac) [Section 8 Amended by No. 47 of 2015, s. 8, Applied:17 Dec 2015] approve Local Provisions Schedules, Special Local Provisions Schedules and amendments of LPSs; and(ad) [Section 8 Amended by No. 21 of 2020, s. 5, Applied:28 Oct 2020] establish panels that are to assess major projects and are to determine whether to grant or refuse to grant major project permits in relation to such projects; and(b) perform such other functions as are imposed on it by or under this Act.
[Section 8A Inserted by No. 47 of 2015, s. 9, Applied:17 Dec 2015] The Commission may, with the approval of the Minister, issue guidelines for the purpose of assisting planning authorities in respect of –(a) the preparation of draft LPSs and draft amendments of LPSs; and(b) the implementation and operation of the Tasmanian Planning Scheme.
PART 2 - The Tasmanian Planning Scheme[Part 2 Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
9. The Tasmanian Planning Scheme
[Section 9 Subsection (1) amended by No. 104 of 1995, s. 5 ][Section 9 Subsection (1) amended by No. 88 of 1995, s. 41 and Sched. 1 ][Section 9 Subsection (2) amended by No. 104 of 1995, s. 5 ][Section 9 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 9 Inserted by No. 49 of 2001, s. 6, Applied:16 Jul 2001] [Section 9 Amended by No. 26 of 2007, s. 4, Applied:01 Aug 2007] [Section 9 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) There is to be a Tasmanian Planning Scheme.(2) The Tasmanian Planning Scheme consists of –(a) the State Planning Provisions; and(b) each Local Provisions Schedule and each Special Local Provisions Schedule.
10. Tasmanian Planning Scheme in relation to particular municipal area
[Section 10 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 10 Inserted by No. 49 of 2001, s. 6, Applied:16 Jul 2001] [Section 10 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Tasmanian Planning Scheme, in relation to a municipal area, consists of –(a) the State Planning Provisions that are, under section 30(2) , in effect in relation to the municipal area, as the State Planning Provisions are amended by any amendment, of the State Planning Provisions, that is, under section 30S(2) , in effect in relation to the municipal area; and(b) the Local Provisions Schedule that is, under section 35M(3) , in effect in relation to the municipal area, as the Local Provisions Schedule is amended from time to time by any amendment of an LPS, that is, under section 40S(1) , in effect in relation to the municipal area; and(c) any Special LPS that is, under section 35R(1) , in effect in relation to the municipal area.(2) In this Act, a reference to –(a) a planning scheme is a reference to –(i) the Tasmanian Planning Scheme in relation to the municipal area to which the planning scheme relates; or(ii) a planning schemethat is taken to be in force in relation to the municipal area by virtue of Schedule 6 ; and(b) a planning authority, in relation to an LPS, a Special LPS or a planning scheme, is a reference to the planning authority in respect of the municipal area to which the LPS, Special LPS or planning scheme applies.
11. Contents of planning schemes and Tasmanian Planning Scheme
[Section 11 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 11 Inserted by No. 49 of 2001, s. 6, Applied:16 Jul 2001] [Section 11 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) In this section –fishing means fishing as defined in the Living Marine Resources Management Act 1995 and as conducted in accordance with that Act;forestry operations includes the processes and works connected with –(a) the establishment of forests; and(b) the growing of timber; and(c) the harvesting of timber; and(d) land clearing, land preparation, burning off, road construction, and associated quarry works, conducted in relation to an activity specified in paragraph (a) , (b) or (c) ;marine farming means marine farming as defined in the Marine Farming Planning Act 1995 and as conducted in accordance with that Act and the Living Marine Resources Management Act 1995 ;proclaimed wharf area means the area of a wharf, the boundaries of which have been defined, altered or redefined under the Marine Act 1976 before the commencement of the Port Companies Act 1997 ;State waters means State waters as defined in the Living Marine Resources Management Act 1995 .(2) Subject to this Act, a planning scheme or the Tasmanian Planning Scheme may –(a) make any provision which relates to the use, development, protection or conservation of any land; and(b) set out policies and specific objectives; and(c) regulate or prohibit the use or development of any land; and(d) set out requirements for the provision of public utility services to any land; and(e) require specified things to be done to the satisfaction of the relevant agency or a planning authority; and(f) apply, adopt or incorporate any document which relates to the use, development or protection of any land; and(g) provide that any use or development of any land is conditional on an agreement being entered into under Part 5 ; and(h) set out provisions relating to the implementation in stages of uses or developments; and(i) provide for any other matter which this Act permits, or requires, to be included in the Tasmanian Planning Scheme; and(j) provide for an application to be made to a planning authority to bring an existing use of land that does not conform to the Tasmanian Planning Scheme into conformity, or greater conformity, with the Tasmanian Planning Scheme; and(k) make any provision that relates to a matter referred to in this subsection.(3) Nothing in a planning scheme or the Tasmanian Planning Scheme affects –(a) forestry operations conducted on land declared as a private timber reserve under the Forest Practices Act 1985 ; or(b) the undertaking of mineral exploration in accordance with a mining lease, an exploration licence, a special exploration licence, or a retention licence, issued under the Mineral Resources Development Act 1995 , provided that any mineral exploration carried out is consistent with the standards specified in the Mineral Exploration Code of Practice, published by Mineral Resources Tasmania, as in force from time to time; or(c) fishing; or(d) marine farming in State waters.(4) Subsection (3)(d) does not apply to –(a) any bridge, jetty, wharf, boathouse, shed, pipeline, or other structure, that is used in connection with marine farming and that is constructed wholly or in part on, or above, the high water mark; or(b) a use or development on any accretion from the sea.(5) It is not a defence to a charge of an offence of using or developing land in a municipal area in contravention of a planning scheme or this Act that, after the offence was committed, the use or development has become lawful under a provision of a planning scheme or the Tasmanian Planning Scheme in relation to the municipal area.(6) A planning scheme or the Tasmanian Planning Scheme may require a use to which section 12(1) applies to comply with a code of practice approved or ratified by Parliament under an Act.(7) A planning scheme or the Tasmanian Planning Scheme is not to prohibit or require a discretionary permit for the use or development of a proclaimed wharf area for port and shipping purposes.
12. Existing uses and developments
[Section 12 Subsection (1) amended by No. 6 of 1995, s. 4 ][Section 12 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 12 Inserted by No. 49 of 2001, s. 6, Applied:16 Jul 2001] [Section 12 Subsection (4) amended by No. 24 of 2014, s. 5, Applied:01 Jan 2015] [Section 12 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) Subject to subsections (5) , (6) and (7) , nothing in a provision of a planning scheme, or of the Tasmanian Planning Scheme, in relation to a municipal area is to be taken (including by virtue of requiring a permit to be obtained) to –(a) prevent the continuance of the use, of any land, in the municipal area, upon which buildings or works are not erected, for the purposes for which the land was being lawfully used immediately before the provision came into effect; or(b) prevent –(i) the use, of any building in the municipal area that was erected before that provision came into effect in relation to the municipal area, for any purpose for which the building was lawfully being used immediately before the provision came into effect in relation to the municipal area; or(ii) the maintenance or repair of such a building; or(c) prevent the use, of any works constructed in the municipal area before the provision came into effect in relation to the municipal area, for any purpose for which the works were being lawfully used immediately before the provision came into effect in relation to the municipal area; or(d) prevent the use of any building, or works, in the municipal area, for any purpose for which it or they were being lawfully erected, or carried out, immediately before the provision came into effect in relation to the municipal area; or(e) require the removal or alteration of any lawfully constructed buildings, or works, in the municipal area.(2) Nothing in a provision of a planning scheme, or the Tasmanian Planning Scheme, in relation to a municipal area is to be taken to prevent a development, in the municipal area –from being completed within 3 years of that provision coming into effect in relation to the municipal area or any lesser or greater period specified in respect of the completion of that development under the terms of the permit or another permit or to prevent the use of the land on which the development is carried out for any use that is authorised by the permit.(a) [Section 12 Subsection (2) amended by No. 21 of 2020, s. 6, Applied:28 Oct 2020] that is a development in relation to which a permit, or a major project permit, is in force; and(b) that is a development that was not completed before the provision came into effect in relation to the municipal area –(3) Nothing in a provision of a planning scheme, or the Tasmanian Planning Scheme, in relation to a municipal area is to be taken to prevent a development, in the municipal area –from being completed within 3 years of that provision coming into effect in relation to the municipal area or to prevent the use of the land for the purposes for which the development was carried out.(a) that is a development –(i) that was, before the commencement of the provision, a development in relation to which a permit under this Act was not required; and(ii) [Section 12 Subsection (3) amended by No. 12 of 2016, Sched. 1, Applied:01 Jan 2017] in relation to which a permit, or a certificate of likely compliance, under the Building Act 2016 is in force; and(iii) that was not completed before the provision came into effect in relation to the municipal area; or(b) that is a development that was lawfully commenced but was not completed before the provision came into effect in relation to the municipal area –(4) Nothing in a provision of a planning scheme, or the Tasmanian Planning Scheme, in relation to a municipal area is to be taken to prevent (including by virtue of requiring a permit to be obtained) the reconstruction of a building, or restoration of works, that is or are destroyed or damaged and was or were integral and subservient to a lawfully established existing use, whether or not the use conforms to the provision, if –or to prevent the use of the reconstructed building or works for the purposes for which they were reconstructed or restored.(a) the destruction or damage was not caused intentionally by the owner of that building or those works; and(b) the building or works was or were lawfully established before the provision came into effect in relation to the municipal area –(5) Subsections (1) , (2) , (3) and (4) do not apply to, or in relation to, a use of land –(a) that has stopped for a continuous period of 2 years; or(b) that has stopped for 2 or more periods which together total 2 years in any period of 3 years; or(c) that is seasonal in nature, if the use does not take place for 2 years in succession.(6) Subsection (1) does not apply to the extension or transfer from one part of a parcel of land to another of a use previously confined to the first-mentioned part of that parcel of land.(7) Subsections (1) , (2) , (3) and (4) do not apply to, or in relation to, a use, of any land, building or work, that is substantially intensified.
PART 2A - Tasmanian Planning Policies[Part 2A Inserted by No. 49 of 2001, s. 6, Applied:16 Jul 2001] [Part 2A Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] [Part 2A Inserted by No. 36 of 2018, s. 7, Applied:17 Dec 2018]
12A. Interpretation of Part 2A
[Section 12A Inserted by No. 59 of 2013, s. 12, Applied:01 Jan 2014] [Section 12A Substituted by No. 24 of 2014, s. 6, Applied:01 Jan 2015] [Section 12A Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] [Section 12A Inserted by No. 36 of 2018, s. 7, Applied:17 Dec 2018] In this Part –exhibition notice, in relation to a draft of the TPPs, means the exhibition notice published under section 12D(1) in relation to the draft;exhibition period, in relation to a draft of the TPPs, means the period specified, in accordance with section 12D(3)(a) , in the exhibition notice as the exhibition period in relation to the draft;exhibition premises, in relation to a draft of the TPPs, means premises –(a) to which the public has access during normal business hours; and(b) that are specified, in accordance with section 12D(3)(b)(i) , in the exhibition notice in relation to the draft of the TPPs;TPP criteria means the matters referred to in section 12B(4) .
12B. Contents and purposes of Tasmanian Planning Policies
[Section 12B Inserted by No. 24 of 2014, s. 6, Applied:01 Jan 2015] [Section 12B Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] [Section 12B Inserted by No. 36 of 2018, s. 7, Applied:17 Dec 2018](1) The purposes of the TPPs are to set out the aims, or principles, that are to be achieved or applied by –(a) the Tasmanian Planning Scheme; and(b) the regional land use strategies.(2) The TPPs may relate to the following:(a) the sustainable use, development, protection or conservation of land;(b) environmental protection;(c) liveability, health and wellbeing of the community;(d) any other matter that may be included in a planning scheme or a regional land use strategy.(3) The TPPs may specify the manner in which the TPPs are to be implemented into the SPPs, LPSs and regional land use strategies.(4) The TPPs must –(a) seek to further the objectives set out in Schedule 1 ; and(b) be consistent with any relevant State Policy.
[Section 12C Inserted by No. 36 of 2018, s. 7, Applied:17 Dec 2018](1) The Minister may prepare a draft of the TPPs.(2) The Minister must consult with –in relation to the intention to prepare a draft of the TPPs and a draft of the TTPs.(a) the Commission; and(b) the planning authorities; and(c) the State Service Agencies, and the State authorities, as the Minister thinks fit –(3) The Minister, by notice to the Commission, may –(a) provide to the Commission a draft of the TPPs; and(b) direct the Commission to undertake public exhibition in relation to the draft of the TPPs.
12D. Public exhibition of draft of the TPPs
[Section 12D Inserted by No. 36 of 2018, s. 7, Applied:17 Dec 2018](1) The Commission, as soon as practicable after receiving a notice under section 12C(3) in relation to a draft of the TPPs, must ensure that an exhibition notice in relation to the draft of the TPPs is published in accordance with this section.(2) The exhibition notice is to be published once before, and once within 14 days after, the first day of the exhibition period, in a newspaper that is published, and circulates generally, in Tasmania.(3) An exhibition notice is to –(a) specify the period that is to be the exhibition period in relation to the draft of the TPPs; and(b) specify that a copy of the draft of the TPPs is or will be –(i) available for viewing by the public during the exhibition period at premises, that are offices of the Commission, specified in the notice; and(ii) available for viewing and downloading by the public, during the exhibition period, at an electronic address specified in the notice; and(c) contain an invitation to all persons and bodies to, within the exhibition period, make to the Commission a representation in relation to the draft of the TPPs by submitting the representation to –(i) the premises specified in the notice in accordance with paragraph (b)(i) ; or(ii) an electronic address specified in the notice.(4) The exhibition period, in relation to a draft of the TPPs, is to be a period of 60 days, which period –(a) begins on the day on which the draft of the TPPs begins to be available for viewing by the public at exhibition premises in accordance with subsection (6)(a) ; and(b) excludes any days on which the exhibition premises are closed during normal business hours.(5) The Commission must, as soon as practicable after receiving notice under section 12C(3) in relation to a draft of the TPPs, give to each planning authority –(a) a copy of the draft of the TPPs; and(b) an invitation to make to the Commission a representation in relation to the draft of the TPPs.(6) The Commission must ensure that copies of the draft of the TPPs are, for the exhibition period –(a) available for viewing by the public at the exhibition premises; and(b) available for viewing and downloading by the public at an electronic address specified in the exhibition notice.
[Section 12E Inserted by No. 36 of 2018, s. 7, Applied:17 Dec 2018](1) A person or body may make to the Commission a representation in relation to a draft of the TPPs that is available for viewing by the public at the exhibition premises in accordance with section 12D(6) .(2) A representation in relation to a draft of the TPPs –(a) is to be made under subsection (1) within the exhibition period in relation to the draft of the TPPs; and(b) must be made by submitting the representation to the premises, or to the electronic address, that are specified, in accordance with section 12D(3)(b) , in the exhibition notice in relation to the draft of the TPPs.(3) For the purposes of this Part, any matter, contained in a representation under subsection (1) in relation to a draft of the TPPs, that does not relate to the contents or merits of the draft is not to be taken to be part of the representation.(4) The Commission must consider all representations under subsection (1) in relation to a draft of the TPPs.
[Section 12F Inserted by No. 36 of 2018, s. 7, Applied:17 Dec 2018](1) The Commission, as soon as practicable after the end of the exhibition period in relation to a draft of the TPPs –(a) must consider whether it is satisfied that the draft of the TPPs meets the TPP criteria; and(b) is to consider whether there are any matters of a technical nature, or that may be relevant, in relation to the application of the TPPs to –if the TPPs were made under section 12G(2) in the terms of the draft of the TPPs; and(i) the Tasmanian Planning Scheme; or(ii) each regional land use strategy –(c) may, if it thinks fit, hold one or more hearings in relation to the representations received under section 12E .(2) The Commission, within 90 days, or a longer period allowed by the Minister, after the end of the exhibition period in relation to a draft of the TPPs, must provide to the Minister a report in relation to the draft of the TPPs.(3) The report in relation to a draft of the TPPs is to contain –(a) a summary of the issues raised in the representations in relation to the draft of the TPPs; and(b) a statement as to whether the Commission is satisfied that the draft of the TPPs meets the TPP criteria; and(c) a statement as to whether there are any matters of a technical nature, or that may be relevant, in relation to the application of the TPPs to –if the TPPs were made under section 12G(2) in the terms of the draft of the TPPs.(i) the Tasmanian Planning Scheme;or(ii) each regional land use strategy –
[Section 12G Inserted by No. 36 of 2018, s. 7, Applied:17 Dec 2018](1) The Minister may inform himself or herself, in the manner he or she thinks fit, in relation to a draft of the TPPs.(2) The Minister may make, or refuse to make, the Tasmanian Planning Policies in the terms of the draft of the TPPs modified, if at all, as the Minister thinks fit.(3) If the Minister intends to substantially modify the TPPs from the draft of the TPPs, the Minister must direct the Commission to comply with sections 12D and 12F in relation to the substantially modified TPPs as if the draft was a draft of the TPPs provided to the Commission under section 12C(3) .(4) The Minister may only make, or refuse to make, the Tasmanian Planning Policies under subsection (2) after considering the report provided to him or her under section 12F(2) in relation to a draft of the TPPs or a substantially modified draft of the TPPs under subsection (3) .(5) The Minister may not make the Tasmanian Planning Policies unless the Minister is satisfied, on advice from the Tasmanian Planning Commission, that they meet the TPP criteria.(6) As soon as practicable after, under subsection (2) , making the Tasmanian Planning Policies, the Minister must publish a notice in the Gazette –(a) specifying that the Minister has made the Tasmanian Planning Policies; and(b) specifying –(i) a day, after the day on which the notice is published in the Gazette, on which the Tasmanian Planning Policies come into effect; or(ii) a period, after the day on which the notice is published in the Gazette, at the end of which the Tasmanian Planning Policies come into effect.(7) The Tasmanian Planning Policies made under subsection (2) come into effect –(a) on the day specified, in the notice published in the Gazette under subsection (6) , as the day on which the Tasmanian Planning Policies are to come into effect; or(b) on the day after the end of the period specified, in the notice published in the Gazette under subsection (6) , as the period at the end of which the Tasmanian Planning Policies are to come into effect.(8) As soon as practicable after, under subsection (2) , refusing to make the Tasmanian Planning Policies in the form of a draft of the TPPs, the Minister must publish a notice in the Gazette that the Minister has refused to make the Tasmanian Planning Policies and publish his or her reasons for refusing to make the TPPs.(9) As soon as practicable after, under subsection (2) , making the Tasmanian Planning Policies, the Minister must publish in a newspaper that is published, and circulates generally, in Tasmania, a notice –(a) specifying that the Minister has made the Tasmanian Planning Policies; and(b) specifying –(i) a day on which the Tasmanian Planning Policies come into effect; or(ii) a period, after the day on which the notice is published in the Gazette, at the end of which the Tasmanian Planning Policies come into effect; and(c) specifying, if the Tasmanian Planning Policies are in the terms of a draft of the TPPs modified as the Minister thinks fit, the reasons why the Minister modified the draft of the TPPs, including the evidence on which the Minister has based his or her reasons on.
[Section 12H Inserted by No. 36 of 2018, s. 7, Applied:17 Dec 2018](1) The Minister may prepare a draft amendment of the TPPs.(2) A draft amendment of the TPPs, and an amendment of the Tasmanian Planning Policies, may consist of –(a) an amendment of one or more of the provisions of the TPPs; or(b) the insertion of one or more provisions into the TPPs; or(c) a revocation of one or more of the provisions of the TPPs; or(d) the substitution of one or more of the provisions of the TPPs.(3) Except in relation to a draft amendment to which subsection (5) applies, this Part applies in relation to a draft amendment of the TPPs as if –(a) a reference in this Part to a draft of the TPPs or the TPPs were a reference to the draft amendment of the TPPs or to an amendment of the TPPs, respectively, except that –(i) the reference in section 12D(4) to 60 days is to be taken to be a reference to 42 days; and(ii) the reference in section 12F(2) to 90 days is to be taken to be a reference to 60 days; and(b) a reference in this Part to the Tasmanian Planning Policies were a reference to an amendment of the Tasmanian Planning Policies.(4) The Minister may determine that a draft amendment of the TPPs is a minor amendment, if –(a) the Minister is of the opinion that the public interest will not be prejudiced if the draft amendment of the TPPs is not publically exhibited; and(b) the draft amendment of the TPPs is for one or more of the following purposes:(i) correcting an error in the TPPs;(ii) removing an anomaly in the TPPs;(iii) clarifying or simplifying the TPPs;(iv) amending a provision of the TPPs other than so as to change the intent of a policy expressed in the TPPs;(v) bringing the TPPs into conformity with a State Policy;(vi) a prescribed purpose.(5) Section 12G , other than section 12G(4) , applies, in relation to a draft amendment of the TPPs that is determined under subsection (4) to be a minor amendment, as if a reference in that section to a draft of the TPPs, or the Tasmanian Planning Policies, were a reference to the draft amendment of the TPPs, and to an amendment of the Tasmanian Planning Policies, respectively.
12I. Minister to review the TPPs
[Section 12I Inserted by No. 36 of 2018, s. 7, Applied:17 Dec 2018](1) The Minister is to keep the TPPs under regular and periodic review.(2) The Minister must at the end of every 5-year period after the TPPs are made –(a) conduct a review of the TPPs and the implementation of the TPPs; or(b) by notice to the Commission, direct the Commission to conduct a review of the TPPs and the implementation of the TPPs and provide to the Minister a report in relation to the review within the period specified in the notice; or(c) the Minister must table a report on the review conducted under paragraph (a) or provided by the Commission under paragraph (b) , in Parliament as soon as practicable.
PART 3 - State Planning Provisions[Part 3 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
Division 1 - Making of State Planning Provisions[Division 1 of Part 3 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
Subdivision 1 - Interpretation of Division 1[Subdivision 1 of Division 1 of Part 3 Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
13. Interpretation of Division 1
[Section 13 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 13 Inserted by No. 49 of 2001, s. 6, Applied:16 Jul 2001] [Section 13 Subsection (1AA) inserted by No. 24 of 2014, s. 7, Applied:01 Jan 2015] [Section 13 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] In this Division –exhibition notice, in relation to a draft of the SPPs, means the exhibition notice published under section 22 in relation to the draft of the SPPs;exhibition period, in relation to a draft of the SPPs, means the period specified, in accordance with section 22(3)(a) , in the exhibition notice as the exhibition period in relation to the draft of the SPPs;exhibition premises, in relation to a draft of the SPPs, means premises –(a) to which the public has access during normal business hours; and(b) that are specified, in accordance with section 22(3)(b)(i) , in the exhibition notice in relation to the draft of the SPPs;explanatory document, in relation to a draft of the SPPs, means an explanatory document approved under section 16(5) in relation to the draft of the SPPs;relevant exhibition documents, in relation to a draft of the SPPs, means –(a) the terms of reference in accordance with which the draft of the SPPs was prepared; and(b) the draft of the SPPs; and(c) any document applied, adopted or incorporated in the draft of the SPPs; and(d) the explanatory document in relation to the draft of the SPPs.
Subdivision 2 - Contents, criteria and explanatory documents in relation to SPPs[Subdivision 2 of Division 1 of Part 3 Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
14. Contents of State Planning Provisions
[Section 14 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 14 Inserted by No. 49 of 2001, s. 6, Applied:16 Jul 2001] [Section 14 Subsection (2) amended by No. 24 of 2014, s. 8, Applied:01 Jan 2015] [Section 14 Subsection (2) substituted by No. 19 of 2012, s. 4, Applied:03 Jul 2012] [Section 14 Subsection (2A) inserted by No. 24 of 2014, s. 8, Applied:01 Jan 2015] [Section 14 Subsection (6) inserted by No. 19 of 2012, s. 4, Applied:03 Jul 2012] [Section 14 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The SPPs –(a) may contain any provision that may, under section 11 , be included in the Tasmanian Planning Scheme; and(b) may not contain a provision that is inconsistent with section 11 or, if the Tasmanian Planning Scheme were in effect in relation to a municipal area, would be inconsistent with a provision of section 12 ; and(c) may contain a provision indicating or specifying the structure to which an LPS is to conform and the form that a provision of an LPS is to take; and(d) may contain a provision permitting an LPS to provide for the detail of the SPPs in respect of, or the application of the SPPs to, a particular place or matter; and(e) may contain a provision permitting a provision of an LPS to override a provision of the SPPs; and(f) may contain a provision permitting the modification, in relation to a part of a municipal area, of the application of a provision of the SPPs; and(g) may contain a provision requiring, or permitting, an LPS to contain a map, an overlay, a list, or another provision, that provides for the spatial application of the SPPs to land; and(h) may contain a provision requiring an LPS to contain a provision of a kind specified or referred to in the SPPs.(2) The SPPs may contain a provision permitting an LPS to include –(a) a particular purpose zone, being a group of provisions consisting of –(i) a zone that is particular to an area of land specified in the LPS; and(ii) the provisions that are to apply in relation to that zone; or(b) a specific area plan, being a plan consisting of –(i) a map or overlay that delineates a particular area of land; and(ii) the provisions, specified in the LPS, that are to apply to that land in addition to, in modification of, or in substitution for, a provision, or provisions, of the SPPs; or(c) a site-specific qualification, being a provision, or provisions, that are specified, in relation to a particular area of land, in the LPS and that modify, are in substitution for, or are in addition to, a provision, or provisions, of the SPPs.
[Section 15 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 15 Inserted by No. 49 of 2001, s. 6, Applied:16 Jul 2001] [Section 15 Amended by No. 59 of 2013, s. 13, Applied:01 Jan 2014] [Section 15 Substituted by No. 24 of 2014, s. 9, Applied:01 Jan 2015] [Section 15 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) In this section –relevant planning instrument means a draft of the SPPs, the SPPs, a draft amendment of the SPPs and an amendment of the SPPs.(2) The SPPs criteria to be met by a relevant planning instrument are that the instrument –(a) only contains provisions that the SPPs may contain under section 14 ; and(b) furthers the objectives set out in Schedule 1 ; and(c) is consistent with each State Policy; and(ca) [Section 15 Subsection (2) amended by No. 36 of 2018, s. 8, Applied:17 Dec 2018] is consistent with the TPPs that are in force before the instrument is made; and(d) [Section 15 Subsection (2) amended by No. 3 of 2019, s. 12, Applied:03 Feb 2021] has regard to the safety requirements set out in the standards prescribed under the Gas Safety Act 2019 .(3) An amendment of the SPPs, or a draft amendment of the SPPs, is taken to meet the SPPs criteria if the amendment of the SPPs, or an amendment of the SPPs made in the terms of the draft amendment of the SPPs, will not have the effect that the State Planning Provisions, as amended, will cease to meet the SPPs criteria.
[Section 16 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 16 Inserted by No. 26 of 2007, s. 5, Applied:01 Aug 2007] [Section 16 Subsection (1AA) inserted by No. 24 of 2014, s. 10, Applied:01 Jan 2015] [Section 16 Subsection (1) amended by No. 19 of 2012, s. 5, Applied:03 Jul 2012] [Section 16 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Minister may prepare an explanatory document in relation to the draft SPPs or a draft amendment of the SPPs.(2) The Minister, by notice to the Commission, may direct the Commission to prepare and submit to the Minister, within a period specified in the notice, an explanatory document in relation to the draft SPPs or a draft amendment of the SPPs.(3) An explanatory document in relation to the draft SPPs or a draft amendment of the SPPs is a document setting out in general terms the purpose and terms of the draft SPPs or the draft amendment of the SPPs.(4) The Commission must, within the period specified in a notice under subsection (2) in relation to the draft SPPs or a draft amendment of the SPPs, submit to the Minister an explanatory document in relation to the draft SPPs or the draft amendment of the SPPs.(5) The Minister may approve in relation to the draft SPPs or a draft amendment of the SPPs –(a) an explanatory document prepared by him or her under subsection (1) ; or(b) an explanatory document submitted to him or her under subsection (4) and amended by the Minister as the Minister thinks fit.
Subdivision 3 - Preparation of draft of the SPPs[Subdivision 3 of Division 1 of Part 3 Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
17. Terms of reference in relation to draft of the SPPs
[Section 17 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 17 Inserted by No. 24 of 2014, s. 11, Applied:01 Jan 2015] [Section 17 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Minister may prepare terms of reference in relation to the preparation of a draft of the SPPs.(2) The Minister must give notice, in a newspaper that is published, and circulates generally, in Tasmania, that he or she has prepared terms of reference in relation to the preparation of a draft of the SPPs.(3) The Minister must not prepare terms of reference in relation to a draft of the SPPs unless the Minister is satisfied that a draft of the SPPs prepared in accordance with the terms of reference is likely to meet the SPPs criteria.
18. Preparation of draft of the SPPs by Minister
[Section 18 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 18 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Minister may prepare a draft of the SPPs that is in accordance with terms of reference prepared under section 17(1) .(2) The Minister must consult with –in relation to the preparation of a draft of the SPPs.(a) the Commission; and(b) the planning authorities; and(c) the State Service Agencies, and the State authorities, as he or she thinks fit –
19. Minister may direct Commission to prepare draft of the SPPs
[Section 19 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 19 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Minister, by notice to the Commission, may –(a) provide to the Commission terms of reference prepared under section 17(1) ; and(b) direct the Commission to submit to the Minister a draft of the SPPs that is in accordance with the terms of reference; and(c) determine the period within which the draft of the SPPs is to be submitted to the Minister by the Commission.(2) The Commission must consult with –in relation to the preparation by the Commission of a draft of the SPPs.(a) the planning authorities; and(b) the State Service Agencies, and the State authorities, that it thinks fit –(3) The Commission, within the period determined by the Minister in a notice under subsection (1) or a longer period allowed by the Minister, must prepare and submit to the Minister a draft of the SPPs that is in accordance with the terms of reference specified in the notice.(4) The Commission must not submit a draft of the SPPs to the Minister under subsection (3) unless it is satisfied that the draft of the SPPs meets the SPPs criteria.
20. Minister may direct Commission to modify draft of the SPPs
[Section 20 Subsection (1) amended by No. 24 of 2014, s. 12, Applied:01 Jan 2015] [Section 20 Subsection (1) amended by No. 104 of 1995, s. 6 ][Section 20 Subsection (1) amended by No. 24 of 2014, s. 12, Applied:01 Jan 2015] [Section 20 Subsection (1) amended by No. 21 of 1997, s. 17, Applied:01 Aug 1997] [Section 20 Subsection (1) amended by No. 24 of 2014, s. 12, Applied:01 Jan 2015] [Section 20 Subsection (1) amended by No. 57 of 2002, s. 10, Applied:05 Dec 2002] [Section 20 Subsection (1) amended by No. 24 of 2014, s. 12, Applied:01 Jan 2015] [Section 20 Subsection (1) amended by No. 57 of 2002, s. 10, Applied:05 Dec 2002] [Section 20 Subsection (1) amended by No. 24 of 2014, s. 12, Applied:01 Jan 2015] [Section 20 Subsection (2) amended by No. 104 of 1995, s. 6 ][Section 20 Subsection (2) amended by No. 24 of 2014, s. 12, Applied:01 Jan 2015] [Section 20 Subsection (2) amended by No. 49 of 2001, s. 8, Applied:16 Jul 2001] [Section 20 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 20 Subsection (3) amended by No. 24 of 2014, s. 12, Applied:01 Jan 2015] [Section 20 Subsection (3) amended by No. 104 of 1995, s. 6 ][Section 20 Subsection (3) amended by No. 43 of 2009, s. 5, Applied:01 Jan 2010] [Section 20 Subsection (3A) amended by No. 24 of 2014, s. 12, Applied:01 Jan 2015] [Section 20 Subsection (3A) inserted by No. 64 of 2005, s. 4, Applied:15 Dec 2005] [Section 20 Subsection (3A) amended by No. 24 of 2014, s. 12, Applied:01 Jan 2015] [Section 20 Subsection (4) amended by No. 64 of 2005, s. 4, Applied:15 Dec 2005] [Section 20 Subsection (7) amended by No. 18 of 1995, s. 3 and Sched. 1 ][Section 20 Subsection (7) amended by No. 104 of 1995, s. 35 and Sched. 1 ][Section 20 Subsection (7) amended by No. 49 of 1998, s. 4, Applied:18 Dec 1998] [Section 20 Subsection (7) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] [Section 20 Subsection (7) amended by No. 26 of 2007, s. 6, Applied:01 Aug 2007] [Section 20 Subsection (7) amended by No. 88 of 1999, s. 5, Applied:15 Dec 1999] [Section 20 Subsection (7A) inserted by No. 49 of 1998, s. 4, Applied:18 Dec 1998] [Section 20 Subsection (8) amended by No. 104 of 1995, s. 35 and Sched. 1 ][Section 20 Subsection (10) inserted by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997] [Section 20 Subsection (11) substituted by No. 88 of 1999, s. 5, Applied:15 Dec 1999] [Section 20 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Minister, by notice to the Commission, may direct the Commission –(a) to modify, in accordance with the notice, a draft of the SPPs submitted to the Minister under section 19(3) or subsection (2) ; and(b) to submit to the Minister under subsection (2) , within a period specified in the notice, the draft of the SPPs as so modified.(2) The Commission, within the period specified in a notice under subsection (1) or a longer period allowed by the Minister, must prepare and submit to the Minister a draft of the SPPs modified in accordance with the notice.(3) The Commission must not submit a draft of the SPPs to the Minister under subsection (2) unless it is satisfied that the draft of the SPPs meets the SPPs criteria.
Subdivision 4 - Public exhibition[Subdivision 4 of Division 1 of Part 3 Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
21. Approval for public exhibition
[Section 21 Subsection (1) amended by No. 24 of 2014, s. 13, Applied:01 Jan 2015] [Section 21 Subsection (2) substituted by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997] [Section 21 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Minister must consider whether to approve for public exhibition a draft of the SPPs prepared by the Minister under section 18(1) or submitted to the Minister under section 19(3) or section 20(2) .(2) In considering whether to approve for public exhibition a draft of the SPPs, the Minister may inform himself or herself as he or she thinks fit in relation to any matters.(3) The Minister, by notice in writing to the Commission, may approve for public exhibition a draft of the SPPs prepared by the Minister under section 18(1) or submitted to the Minister under section 19(3) or section 20(2) .(4) The Minister must not approve for public exhibition a draft of the SPPs unless the Minister is satisfied that the draft of the SPPs meets the SPPs criteria.
22. Exhibition of relevant exhibition documents in relation to draft of the SPPs
[Section 22 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 22 Subsection (2A) inserted by No. 84 of 1997, s. 6, Applied:01 Jan 1998] [Section 22 Subsection (3) omitted by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997] [Section 22 Subsection (6) amended by No. 104 of 1995, s. 35 and Sched. 1 ][Section 22 Subsection (6) amended by No. 16 of 1997, Applied:30 Jul 1997] [Section 22 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Commission, as soon as practicable after receiving notice under section 21(3) that a draft of the SPPs has been approved for public exhibition, must ensure an exhibition notice in relation to the draft of the SPPs is published in accordance with this section.(2) The exhibition notice is to be published once before, and once within 14 days after, the first day of the exhibition period, in a newspaper that is published, and circulates generally, in Tasmania.(3) An exhibition notice is to –(a) specify the period that is to be the exhibition period in relation to the draft of the SPPs; and(b) specify that the relevant exhibition documents are or will be –(i) available for viewing by the public, during the exhibition period, at premises, that are offices of the Commission, specified in the notice; and(ii) available for viewing and downloading by the public, during the exhibition period, at an electronic address specified in the notice; and(c) contain an invitation to all persons and bodies to, within the exhibition period, make to the Commission a representation in relation to the draft of the SPPs by submitting the representation to –(i) the premises specified in the notice in accordance with paragraph (b)(i) ; or(ii) an electronic address specified in the notice.(4) The exhibition period, in relation to a draft of the SPPs, is to be a period of 60 days –(a) beginning on the day on which the draft of the SPPs begins to be available for viewing by the public at exhibition premises in accordance with subsection (6)(a) ; and(b) excluding any days on which the exhibition premises are closed during normal business hours.(5) The Commission must, as soon as practicable after receiving notice under section 21(3) that a draft of the SPPs has been approved for public exhibition, give to each planning authority –(a) a copy of the relevant exhibition documents in relation to the draft of the SPPs; and(b) an invitation to make to the Commission a representation in relation to the draft of the SPPs.(6) The Commission must ensure that copies of the relevant exhibition documents in relation to the draft of the SPPs are, for the exhibition period –(a) available for viewing by the public at the exhibition premises; and(b) available for viewing and downloading by the public at an electronic address specified in the exhibition notice.
[Section 23 Amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 23 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) A person or body may make to the Commission a representation in relation to a draft of the SPPs that is available for viewing by the public at the exhibition premises in accordance with section 22(6)(a) .(2) A representation in relation to a draft of the SPPs –(a) is to be made under subsection (1) within the exhibition period in relation to the draft of the SPPs; and(b) must be made by submitting the representation to the premises, or to the electronic address, that are specified, in accordance with section 22(3)(b) , in the exhibition notice in relation to the draft of the SPPs.(3) For the purposes of this Part, any matter, contained in a representation under subsection (1) in relation to a draft of the SPPs, that does not relate to the contents or merits of the draft is not to be taken to be part of the representation.
24. Consideration by Commission
[Section 24 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 24 Subsection (2) amended by No. 49 of 2001, s. 9, Applied:16 Jul 2001] [Section 24 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 24 Subsection (3) substituted by No. 84 of 1997, s. 7, Applied:01 Jan 1998] [Section 24 Subsection (4) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 24 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] The Commission, as soon as practicable, after the end of the exhibition period in relation to a draft of the SPPs –(a) must consider the terms of reference in accordance with which the draft of the SPPs was prepared; and(b) must consider each representation, in relation to the draft of the SPPs, made under section 23(1) before the end of the exhibition period; and(c) may, at its discretion, consider a representation, in relation to the draft of the SPPs, made under section 23(1) after the end of the exhibition period; and(d) may, if it thinks fit, hold one or more hearings in relation to the representations that it has considered under paragraph (b) or (c) ; and(e) must consider whether it is satisfied that the draft of the SPPs meets the SPPs criteria; and(f) may consider whether there are any matters that relate to issues of a technical nature or that may be relevant to the implementation of the State Planning Provisions if the State Planning Provisions were made under section 27 in the terms of the draft of the SPPs.
[Section 25 Amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 25 Amended by No. 49 of 2001, s. 10, Applied:16 Jul 2001] [Section 25 Amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 25 Substituted by No. 26 of 2007, s. 7, Applied:01 Aug 2007] [Section 25 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Commission, within 90 days, or a longer period allowed by the Minister, after the end of the exhibition period in relation to a draft of the SPPs, must provide to the Minister a report in relation to the draft of the SPPs.(2) The report in relation to a draft of the SPPs is to contain –(a) a copy of the draft of the SPPs in the form in which the draft was available for viewing by the public in accordance with section 22(6)(a) ; and(b) a summary of –(i) the representations, in relation to the draft of the SPPs, that it has considered in accordance with section 24(b) and (c) ; and(ii) the Commission's opinion as to the merit of those representations; and(c) a summary of the information obtained at hearings, if any, in relation to the draft of the SPPs; and(d) the recommendations of the Commission in relation to the draft of the SPPs; and(e) a statement as to whether the Commission is satisfied that the draft of the SPPs meets the SPPs criteria.(3) The recommendations under subsection (2)(d) that are included in the report under subsection (1) in relation to a draft of the SPPs, contained, in accordance with subsection (2)(a) , in the report, are to include a recommendation that –(a) the Minister make the State Planning Provisions in the terms of the draft of the SPPs; or(b) the Minister make the State Planning Provisions in the terms of the draft of the SPPs with modifications; or(c) the Minister refuse to make the State Planning Provisions in the terms of the draft of the SPPs.(4) If the recommendations under subsection (2)(d) that are included in the report under subsection (1) include, in accordance with subsection (3)(b) , a recommendation that the Minister make the State Planning Provisions in the terms of the draft of the SPPs contained, in accordance with subsection (2)(a) , in the report, with modifications, the report is to include –(a) a copy, of the draft of the SPPs, that includes the modifications; and(b) a recommendation as to whether or not the draft of the SPPs that includes the modifications ought to be re-exhibited.(5) The recommendations under subsection (2)(d) that are included in the report under subsection (1) in relation to a draft of the SPPs may include recommendations in respect of any matters that relate to issues of a technical nature or that may be relevant to the implementation of the State Planning Provisions if the State Planning Provisions were made under section 27 in the terms of the draft of the SPPs.
Subdivision 5 - Making of State Planning Provisions[Subdivision 5 of Division 1 of Part 3 Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
26. Matters to be considered in making the State Planning Provisions
[Section 26 Subsection (1) amended by No. 19 of 2012, s. 6, Applied:03 Jul 2012] [Section 26 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 26 Subsection (2) amended by No. 49 of 2001, s. 11, Applied:16 Jul 2001] [Section 26 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Minister must not make the State Planning Provisions under section 27 unless the Minister is satisfied that the State Planning Provisions meet the SPPs criteria.(2) The Minister, before making the State Planning Provisions under section 27 , may inform himself or herself, in the manner he or she thinks fit, in relation to any matter.(3) Without limiting the manner in which the Minister may inform himself or herself for the purposes of subsection (2) , the Minister may require the Commission to provide him or her with further information for the purposes of that subsection.
27. Making of State Planning Provisions
[Section 27 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 27 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Minister, after considering a report provided to the Minister under section 25(1) in relation to a draft of the SPPs, contained, in accordance with section 25(2)(a) , in the report, and any other matters the Minister thinks fit, may –(a) make the State Planning Provisions in the terms of the draft of the SPPs; or(b) if the Minister is satisfied that a provision or provisions of the draft of the SPPs ought to be modified but that the modified provisions do not require re-exhibition – make the State Planning Provisions in the terms of the draft of the SPPs, with the modifications, if any, that the Minister thinks fit; or(c) if the Minister is satisfied that a provision or provisions of the draft of the SPPs ought to be modified and re-exhibited –(i) take the appropriate action to ensure re-exhibition of that provision, or those provisions, as so modified; and(ii) make the State Planning Provisions in the terms of the draft of the SPPs, excluding the provision or provisions that are to be modified and re-exhibited and including the other provisions, which may be modified as the Minister thinks fit without being re-exhibited; or(d) refuse to make the State Planning Provisions in the terms of the draft of the SPPs.(2) For the purposes of subsection (1)(c)(i) , the appropriate action to ensure re-exhibition of the provision, or provisions, of the draft of the SPPs that the Minister is satisfied ought to be modified and re-exhibited (the relevant provisions) is that the Minister, after the SPPs are made under subsection (1) , either –(a) prepares terms of reference under section 30C(1) in relation to the relevant provisions and issues a notice under section 30E(1) in relation to the relevant provisions; or(b) approves under section 30G(3) for public exhibition a draft amendment of the SPPs, containing the relevant provisions, as so modified, as if the draft had been submitted to the Minister under section 30E(3) or section 30F(2) .(3) As soon as practicable after, under subsection (1)(d) , refusing to make the State Planning Provisions, the Minister must publish a notice in the Gazette specifying that he or she has refused to make the State Planning Provisions.
28. Notice of decision in relation to modifications of draft of the SPPs
[Section 28 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 28 Subsection (1) amended by No. 104 of 1995, s. 7 ][Section 28 Subsection (1) amended by No. 49 of 2001, s. 12, Applied:16 Jul 2001] [Section 28 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 28 Subsection (5) inserted by No. 49 of 2001, s. 12, Applied:16 Jul 2001] [Section 28 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) If the Minister makes, with the modifications the Minister thinks fit, the State Planning Provisions under section 27(1)(b) in the terms of a draft of the SPPs, contained, in accordance with section 25(2)(a) , in a report under section 25(1) , the Minister must give notice, in a newspaper that is published, and circulates generally, in Tasmania –(a) that he or she has made the State Planning Provisions in the terms of the draft of the SPPs with the modifications to its provisions that the Minister thinks fit; and(b) of the reasons why he or she modified the provisions of the draft of the SPPs; and(c) of the reasons why he or she was satisfied that a draft of the SPPs with the modifications did not require re-exhibition.(2) If the Minister, under section 27(1)(c) , is satisfied that a provision or provisions of the draft of the SPPs contained in a report under section 25(1) ought to be modified and re-exhibited, the Minister must give notice, in a newspaper that is published, and circulates generally, in Tasmania –(a) that he or she intends to take the appropriate action to ensure re-exhibition of that provision, or those provisions, as modified; and(b) of the reasons why he or she is satisfied that the provision or provisions of the draft of the SPPs ought to be modified and re-exhibited.
29. When the SPPs come into effect as part of Tasmanian Planning Scheme
[Section 29 Subsection (1) amended by No. 84 of 1997, s. 8, Applied:01 Jan 1998] [Section 29 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 29 Subsection (2) amended by No. 84 of 1997, s. 8, Applied:01 Jan 1998] [Section 29 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 29 Subsection (3) amended by No. 84 of 1997, s. 8, Applied:01 Jan 1998] [Section 29 Subsection (3) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 29 Subsection (3) amended by No. 49 of 2001, s. 14, Applied:16 Jul 2001] [Section 29 Subsection (3) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 29 Subsection (3A) inserted by No. 49 of 2001, s. 14, Applied:16 Jul 2001] [Section 29 Subsection (4) amended by No. 84 of 1997, s. 8, Applied:01 Jan 1998] [Section 29 Subsection (4) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 29 Subsection (4) inserted by No. 6 of 1995, s. 6 ][Section 29 Subsection (5) inserted by No. 84 of 1997, s. 8, Applied:01 Jan 1998] [Section 29 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) As soon as practicable after, under section 27(1) , making the State Planning Provisions, the Minister must publish a notice in the Gazette –(a) specifying that the Minister has made the State Planning Provisions; and(b) specifying –the State Planning Provisions are to come into effect as part of the Tasmanian Planning Scheme.(i) a day, after the day on which the notice is published in the Gazette, on which; or(ii) a period, after the day on which the notice is published in the Gazette, at the end of which –(2) The State Planning Provisions made under section 27 come into effect as part of the Tasmanian Planning Scheme –(a) on the day specified, in the notice published in the Gazette under subsection (1) , as the day on which the State Planning Provisions are to come into effect as part of the Tasmanian Planning Scheme; or(b) on the day after the end of the period specified, in the notice published in the Gazette under subsection (1) , as the period at the end of which the State Planning Provisions are to come into effect as part of the Tasmanian Planning Scheme.
30. When the SPPs come into effect in relation to municipal area
[Section 30 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 30 Subsection (2) amended by No. 84 of 1997, s. 9, Applied:01 Jan 1998] [Section 30 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 30 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Minister may publish a notice in the Gazette specifying –the State Planning Provisions, which are in effect as part of the Tasmanian Planning Scheme, are to come into effect in relation to a municipal area specified in the notice.(a) a day, after the day on which the notice is published in the Gazette, on which; or(b) the period, beginning on the day on which the notice is published in the Gazette, at the end of which –(2) The State Planning Provisions come into effect in relation to a municipal area –(a) on the day specified, in the notice published in the Gazette under subsection (1) , as the day on which the State Planning Provisions are to come into effect in relation to the municipal area; or(b) on the day after the end of the period specified, in the notice published in the Gazette under subsection (1) , as the period at the end of which the State Planning Provisions are to come into effect in relation to the municipal area.
Division 2 - Amendment of the SPPs[Division 2 of Part 3 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
Subdivision 1 - Interpretation of Division 2[Subdivision 1 of Division 2 of Part 3 Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
30A. Interpretation of Division 2
[Section 30A of Part 3 Inserted by No. 43 of 2009, s. 6, Applied:01 Jan 2010] [Section 30A Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] In this Division –exhibition notice, in relation to a draft amendment of the SPPs, means the exhibition notice published under section 30K in relation to the draft amendment of the SPPs;exhibition period, in relation to a draft amendment of the SPPs, means the period specified, in accordance with section 30K(3)(a) , in the exhibition notice as the exhibition period in relation to the draft amendment of the SPPs;exhibition premises, in relation to a draft amendment of the SPPs, means premises –(a) to which the public has access during normal business hours; and(b) that are specified, in accordance with section 30K(3)(b)(i) , in the exhibition notice in relation to the draft amendment of the SPPs;explanatory document, in relation to a draft amendment of the SPPs, means an explanatory document approved under section 16(5) in relation to the draft amendment of the SPPs;relevant exhibition documents, in relation to a draft amendment of the SPPs, means –(a) the terms of reference in accordance with which the draft amendment of the SPPs was prepared; and(b) the draft amendment of the SPPs; and(c) any document applied, adopted or incorporated in the draft amendment of the SPPs; and(d) the explanatory document in relation to the draft amendment of the SPPs.
Subdivision 2 - Preparation of draft amendments of the SPPs[Subdivision 2 of Division 2 of Part 3 Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
[Section 30B of Part 3 Inserted by No. 43 of 2009, s. 6, Applied:01 Jan 2010] [Section 30B Amended by No. 19 of 2012, s. 7, Applied:03 Jul 2012] [Section 30B Amended by No. 59 of 2013, s. 15, Applied:03 Jul 2014] [Section 30B Amended by No. 19 of 2012, s. 7, Applied:03 Jul 2012] [Section 30B Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] An amendment of the SPPs may consist of –(a) an amendment of one or more of the provisions of the SPPs; or(b) the insertion of a provision into the SPPs; or(c) a revocation of one or more provisions of the SPPs; or(d) the substitution of one or more, or all, of the provisions of the SPPs.
30BA. Minister may determine that SPPs should reflect certain planning directives
[Section 30BA Inserted by No. 36 of 2018, s. 9, Applied:17 Dec 2018] The Minister may determine that a planning directive (other than an interim planning directive), to which clause 3(2)(ba) of Schedule 6 applies and that is in force in relation to a municipal area, should be reflected in the SPPs.
30C. Terms of reference in relation to draft amendment of the SPPs
[Section 30C of Part 3 Inserted by No. 43 of 2009, s. 6, Applied:01 Jan 2010] [Section 30C Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Minister may prepare terms of reference in relation to the preparation of a draft amendment of the SPPs.(2) The Minister must give notice, in a newspaper that is published, and circulates generally, in Tasmania, that he or she has prepared terms of reference in relation to the preparation of a draft amendment of the SPPs.(3) The Minister must not prepare terms of reference in relation to a draft amendment of the SPPs unless he or she is satisfied that a draft amendment of the SPPs prepared in accordance with the terms of reference is likely to meet the SPPs criteria.(4) A planning authority or another person may request the Minister to consider preparing terms of reference in relation to a draft amendment of the SPPs.(5) The Minister must consider a request made to him or her under subsection (4) .(6) The Minister may consult with the Commission in relation to a request made to him or her under subsection (4) .
30D. Preparation of draft amendment of the SPPs by Minister
[Section 30D of Part 3 Inserted by No. 43 of 2009, s. 6, Applied:01 Jan 2010] [Section 30D Subsection (6) inserted by No. 19 of 2012, s. 8, Applied:03 Jul 2012] [Section 30D Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Minister may prepare a draft amendment of the SPPs that is in accordance with terms of reference prepared under section 30C(1) .(2) The Minister must consult with –in relation to the preparation by the Minister of a draft amendment of the SPPs.(a) the Commission; and(b) the planning authorities; and(c) the State Service Agencies, and the State authorities, as he or she thinks fit –(3) [Section 30D Subsection (3) inserted by No. 7 of 2021, s. 5, Applied:14 Jul 2021] The Minister, in his or her consultation under subsection (2) in relation to the preparation by the Minister of a draft amendment of the SPPs, may request the Commission, each planning authority, and each State Service Agency, or State authority, that is so consulted to advise the Minister, within the period specified by the Minister, as to whether all or some of the provisions of the draft amendment of the SPPs should become an interim SPPs amendment.
30E. Minister may direct Commission to prepare draft amendment of the SPPs
[Section 30E of Part 3 Inserted by No. 43 of 2009, s. 6, Applied:01 Jan 2010] [Section 30E Subsection (3) substituted by No. 19 of 2012, s. 9, Applied:03 Jul 2012] [Section 30E Subsection (6) amended by No. 24 of 2014, s. 14, Applied:01 Jan 2015] [Section 30E Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Minister, by notice to the Commission, may –(a) provide to the Commission terms of reference prepared under section 30C(1) ; and(b) direct the Commission to submit to the Minister a draft amendment of the SPPs that is in accordance with the terms of reference; and(c) determine the period within which the draft amendment of the SPPs is to be submitted to the Minister by the Commission.(2) The Commission must consult with –in relation to the preparation by the Commission of a draft amendment of the SPPs.(a) the planning authorities; and(b) the State Service Agencies, and the State authorities, that it thinks fit –(3) The Commission, within the period determined by the Minister in a notice under subsection (1) or a longer period allowed by the Minister, must prepare and submit to the Minister a draft amendment of the SPPs that is in accordance with the terms of reference specified in the notice.(4) The Commission must not submit a draft amendment of the SPPs to the Minister under subsection (3) unless it is satisfied that the draft amendment of the SPPs meets the SPPs criteria.
30F. Minister may require Commission to modify draft amendment of the SPPs
[Section 30F of Part 3 Inserted by No. 43 of 2009, s. 6, Applied:01 Jan 2010] [Section 30F Subsection (1) amended by No. 19 of 2012, s. 11, Applied:03 Jul 2012] [Section 30F Subsection (5) amended by No. 24 of 2014, s. 16, Applied:01 Jan 2015] [Section 30F Subsection (5) amended by No. 19 of 2012, s. 11, Applied:03 Jul 2012] [Section 30F Subsection (5) amended by No. 24 of 2014, s. 16, Applied:01 Jan 2015] [Section 30F Subsection (6) omitted by No. 49 of 2012, s. 4, Applied:06 Dec 2012] [Section 30F Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Minister, by notice to the Commission, may direct the Commission –(a) to modify, in accordance with the notice, a draft amendment of the SPPs submitted to the Minister under section 30E(3) or subsection (2) ; and(b) to submit to the Minister under subsection (2) , within a period specified in the notice, the draft amendment of the SPPs as so modified.(2) The Commission, within the period specified in a notice under subsection (1) or a longer period allowed by the Minister, must prepare and submit to the Minister a draft amendment of the SPPs modified in accordance with the notice.(3) The Commission must not submit a draft amendment of the SPPs to the Minister under subsection (2) unless it is satisfied that the draft amendment of the SPPs meets the SPPs criteria.
Subdivision 3 - Public exhibition[Subdivision 3 of Division 2 of Part 3 Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
30G. Approval for public exhibition
[Section 30G of Part 3 Inserted by No. 43 of 2009, s. 6, Applied:01 Jan 2010] [Section 30G Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015][Section 30H of Part 3 Inserted by No. 43 of 2009, s. 6, Applied:01 Jan 2010] [Section 30H Subsection (3) amended by No. 24 of 2014, s. 18, Applied:01 Jan 2015] [Section 30H Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] [Section 30H Subsection (3) amended by No. 36 of 2018, s. 10, Applied:17 Dec 2018] [Section 30H Repealed by No. 7 of 2021, s. 7, Applied:14 Jul 2021] . . . . . . . . [Section 30I of Part 3 Inserted by No. 43 of 2009, s. 6, Applied:01 Jan 2010] [Section 30I Subsection (3) omitted by No. 24 of 2014, s. 19, Applied:01 Jan 2015] [Section 30I Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] [Section 30I Repealed by No. 7 of 2021, s. 7, Applied:14 Jul 2021] . . . . . . . . [Section 30J of Part 3 Inserted by No. 43 of 2009, s. 6, Applied:01 Jan 2010] [Section 30J Subsection (2) amended by No. 24 of 2014, s. 21, Applied:01 Jan 2015] [Section 30J Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] [Section 30J Repealed by No. 7 of 2021, s. 7, Applied:14 Jul 2021] . . . . . . . .(1) The Minister must consider whether to approve for public exhibition a draft amendment of the SPPs prepared by the Minister under section 30D(1) or submitted to the Minister under section 30E(3) or section 30F(2) .(2) In considering whether to approve for public exhibition a draft amendment of the SPPs, the Minister may inform himself or herself as he or she thinks fit in relation to any matters.(3) The Minister, by notice in writing to the Commission, may approve for public exhibition a draft amendment of the SPPs prepared by the Minister under section 30D(1) or submitted to the Minister under section 30E(3) or section 30F(2) .(4) The Minister must not approve for public exhibition a draft amendment of the SPPs unless the Minister is satisfied that the draft amendment of the SPPs meets the SPPs criteria.(5) [Section 30G Subsection (5) inserted by No. 7 of 2021, s. 6, Applied:14 Jul 2021] This section does not apply in relation to a draft amendment of the SPPs prepared by the Minister under section 30D(1) , if the Minister makes under section 30NA(6) an amendment of the SPPs in the terms of the draft amendment of the SPPs.
30K. Exhibition of relevant exhibition documents in relation to draft amendment of the SPPs
[Section 30K of Part 3 Inserted by No. 43 of 2009, s. 6, Applied:01 Jan 2010] [Section 30K Subsection (1) omitted by No. 24 of 2014, s. 22, Applied:01 Jan 2015] [Section 30K Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Commission, as soon as practicable after receiving notice under section 30G(3) that a draft amendment of the SPPs has been approved for public exhibition, must ensure an exhibition notice in relation to the draft amendment of the SPPs is published in accordance with this section.(2) The exhibition notice is to be published once before, and once within 14 days after, the first day of the exhibition period, in a newspaper that is published, and circulates generally, in Tasmania.(3) An exhibition notice is to –(a) specify the period that is to be the exhibition period in relation to the draft amendment of the SPPs; and(b) specify that the relevant exhibition documents are or will be –(i) available for viewing by the public, during the exhibition period, at premises, that are offices of the Commission, specified in the notice; and(ii) available for viewing and downloading by the public, during the exhibition period, at an electronic address specified in the notice; and(c) contain an invitation to all persons and bodies to, within the exhibition period, make to the Commission a representation in relation to the draft amendment of the SPPs by submitting the representation to –(i) the premises specified in the notice in accordance with paragraph (b)(i) ; or(ii) an electronic address specified in the notice.(4) The exhibition period, in relation to a draft amendment of the SPPs, is to be a period of 42 days –(a) beginning on the day on which the draft amendment of the SPPs begins to be available for viewing by the public at exhibition premises in accordance with subsection (6)(a) ; and(b) excluding any days on which the exhibition premises are closed during normal business hours.(5) The Commission must, as soon as practicable after receiving notice under section 30G(3) that a draft amendment of the SPPs has been approved for public exhibition, give to each planning authority –(a) a copy of the relevant exhibition documents in relation to the draft amendment of the SPPs; and(b) an invitation to make to the Commission a representation in relation to the draft amendment of the SPPs.(6) The Commission must ensure that copies of the relevant exhibition documents in relation to the draft amendment of the SPPs are, for the exhibition period –(a) available for viewing by the public at the exhibition premises; and(b) available for viewing and downloading by the public at an electronic address specified in the exhibition notice.
[Section 30L of Part 3 Inserted by No. 43 of 2009, s. 6, Applied:01 Jan 2010] [Section 30L Substituted by No. 24 of 2014, s. 23, Applied:01 Jan 2015] [Section 30L Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) A person or body may make to the Commission a representation in relation to a draft amendment of the SPPs that is available for viewing by the public at exhibition premises in accordance with section 30K(6)(a) .(2) A representation in relation to a draft amendment of the SPPs –(a) is to be made under subsection (1) within the exhibition period in relation to the draft amendment of the SPPs; and(b) must be made by submitting the representation to the premises, or to the electronic address, that are specified, in accordance with section 30K(3)(c) , in the exhibition notice in relation to the draft amendment of the SPPs.(3) For the purposes of this Part, any matter, contained in a representation under subsection (1) in relation to a draft amendment of the SPPs, that does not relate to the contents or merits of the draft is not to be taken to be part of the representation.
30M. Consideration by Commission
[Section 30M of Part 3 Inserted by No. 43 of 2009, s. 6, Applied:01 Jan 2010] [Section 30M Subsection (1) amended by No. 19 of 2012, s. 13, Applied:03 Jul 2012] [Section 30M Substituted by No. 24 of 2014, s. 23, Applied:01 Jan 2015] [Section 30M Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] The Commission, as soon as practicable after the end of the exhibition period in relation to a draft amendment of the SPPs –(a) must consider the terms of reference in accordance with which the draft amendment of the SPPs was prepared; and(b) must consider each representation, in relation to the draft amendment of the SPPs, made under section 30L(1) before the end of the exhibition period; and(c) may, at its discretion, consider a representation, in relation to the draft amendment of the SPPs, made under section 30L(1) after the end of the exhibition period; and(d) may, if it thinks fit, hold one or more hearings in relation to the representations that it has considered under paragraph (b) or (c) ; and(e) must consider whether it is satisfied that the draft amendment of the SPPs meets the SPPs criteria; and(f) may consider whether there are any matters that relate to issues of a technical nature or that may be relevant to the implementation of an amendment of the SPPs if the amendment of the SPPs were made under section 30P in the terms of the draft amendment of the SPPs.
[Section 30N of Part 3 Inserted by No. 43 of 2009, s. 6, Applied:01 Jan 2010] [Section 30N Subsection (1) amended by No. 19 of 2012, s. 14, Applied:03 Jul 2012] [Section 30N Repealed by No. 24 of 2014, s. 23, Applied:01 Jan 2015] [Section 30N Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Commission, within 90 days, or a longer period allowed by the Minister, after the end of the exhibition period in relation to a draft amendment of the SPPs, must provide to the Minister a report in relation to the draft amendment of the SPPs.(2) The report in relation to a draft amendment of the SPPs is to contain –(a) a copy of the draft amendment of the SPPs in the form in which the draft was available for viewing by the public in accordance with section 30K(6)(a) ; and(b) a summary of –(i) the representations, in relation to the draft amendment of the SPPs, that it has considered in accordance with section 30M(b) and (c) ; and(ii) the Commission's opinion as to the merit of those representations; and(c) a summary of the information obtained at hearings, if any, in relation to the draft amendment of the SPPs; and(d) the recommendations of the Commission in relation to the draft amendment of the SPPs; and(e) a statement as to whether the Commission is satisfied that the draft amendment of the SPP meets the SPPs criteria.(3) The recommendations under subsection (2)(d) that are included in the report under subsection (1) in relation to a draft amendment of the SPPs contained, in accordance with subsection (2)(a) , in the report are to include a recommendation that –(a) the Minister make an amendment of the SPPs in the terms of the draft amendment of the SPPs; or(b) the Minister make an amendment of the SPPs in the terms of the draft amendment of the SPPs with modifications; or(c) the Minister refuse to make an amendment of the SPPs in the terms of the draft amendmentof the SPPs.(4) If the recommendations under subsection (2)(d) that are included in the report under subsection (1) include a recommendation that the Minister make an amendment of the SPPs in the terms of a draft amendment of the SPPs contained, in accordance with subsection (2)(a) , in the report, with modifications, the report is to include –(a) a copy, of the draft amendment of the SPPs, that includes the modifications; and(b) a recommendation as to whether or not the draft amendment of the SPPs that includes the modifications ought to be re-exhibited.(5) The recommendations under subsection (2)(d) that are included in the report under subsection (1) in relation to a draft amendment of the SPPs may include recommendations in respect of any matters that relate to issues of a technical nature or that may be relevant to the implementation of an amendment of the SPPs if the amendment of the SPPs were made under section 30P in the terms of the draft amendment of the SPPs.
Subdivision 3A - Minor amendments of the SPPs
30NA. Preparation of minor amendments of the SPPs
[Section 30NA of Division 2 of Part 3 Inserted by No. 7 of 2021, s. 8, Applied:14 Jul 2021](1) For the purposes of this section, a draft amendment of the SPPs meets the criteria for minor amendments of the SPPs if –(a) the amendment is for one or more of the following purposes:(i) correcting a clerical mistake, an error arising from any accidental slip or omission, an evident miscalculation of figures, or an evident material mistake, in a provision of the SPPs;(ii) removing an anomaly in the SPPs;(iii) clarifying or simplifying the SPPs;(iv) removing an inconsistency in the SPPs;(v) removing an inconsistency between the SPPs and this Act or any other Act;(vi) bringing the SPPs into conformity with a State Policy;(vii) bringing the SPPs into conformity with a planning directive which the Minister has, under section 30BA , determined should be reflected in the SPPs;(viii) changing provisions of the SPPs that indicate or specify the structure to which an LPS is to conform or the form that a provision of an LPS is to take;(ix) a prescribed purpose; and(b) the public interest will not be prejudiced by Subdivision 3 not applying to the draft amendment of the SPPs.(2) The Minister, after having prepared under section 30D(1) a draft amendment of the SPPs that is in accordance with terms of reference in relation to which notice has been given under section 30C(2) –(a) must, if the draft amendment contains amendments for the purposes of subsection (1)(a)(iii), (vi), (vii), (viii) or (ix), consult with –(i) the planning authorities; and(ii) the State Service Agencies, and any State authority, that the Minister thinks fit; and(b) may, if the draft amendment contains amendments for the purposes of subsection (1)(a)(i), (ii), (iv) or (v), consult with –(i) the planning authorities; and(ii) the State Service Agencies, and any State authority, that the Minister thinks fit.(3) The Minister, after having prepared under section 30D(1) a draft amendment of the SPPs that is in accordance with terms of reference in relation to which notice has been given under section 30C(2) , must, by notice in writing to the Commission, request the Commission to advise the Minister, by a day specified in the notice, as to whether the Commission is of the opinion that the draft amendment of the SPPs meets the criteria for minor amendments of the SPPs.(4) The Commission must, before the day specified in a notice under subsection (3) in relation to a draft amendment of the SPPs, or a longer period allowed by the Minister, advise the Minister –and provide to the Minister the Commission’s reasons for being of that opinion.(a) that the Commission is of the opinion that the draft amendment of the SPPs meets the criteria for minor amendments of the SPPs; or(b) that the Commission is of the opinion that the draft amendment of the SPPs does not meet the criteria for minor amendments of the SPPs –(5) The Minister, after considering all advice and reasons provided in the course of consultation under subsections (2) and (4) in relation to a draft amendment of the SPPs, may determine that –(a) the draft amendment of the SPPs, modified, if at all, as the Minister thinks fit, meets the criteria for minor amendments of the SPPs; or(b) the draft amendment of the SPPs does not meet the criteria for minor amendments of the SPPs.(6) If –the Minister may make an amendment of the SPPs in the terms of the draft amendment of the SPPs, without publicly exhibiting the draft in accordance with Subdivision 3 .(a) the Minister makes a determination under subsection (5)(a) in relation to a draft amendment of the SPPs; and(b) the Minister is satisfied that the amendment of the SPPs meets the SPPs criteria –(7) As soon as practicable after the Minister makes a determination under subsection (5) in relation to a draft amendment of the SPPs –(a) the Commission must place on the Commission’s principal website –(i) a copy of the advice provided under subsection (4) in relation to the draft amendment of the SPPs; and(ii) the Commission’s reasons for giving that advice; and(b) the Minister must place on a website of the Department a copy of the Minister’s reasons for making the determination.
Subdivision 3B - Interim SPPs amendments
[Section 30NB of Division 2 of Part 3 Inserted by No. 7 of 2021, s. 8, Applied:14 Jul 2021](1) The Minister, after having given a notice under section 30G(3) of the approval for exhibition of a draft amendment of the SPPs, may give to the Commission a notice requesting the Commission to advise the Minister, within a period specified in the notice, as to whether some or all of the provisions of the draft amendment of the SPPs should become an interim SPPs amendment.(2) The Commission, within the period specified in a notice under subsection (1) or a longer period allowed by the Minister, is to –(a) advise the Minister whether, in the opinion of the Commission, some or all of the provisions of the draft amendment of the SPPs should become an interim SPPs amendment; and(b) give to the Minister the Commission’s reasons for giving that advice.(3) The Minister, after considering the advice, and opinion, received under subsection (2) in relation to a draft amendment of the SPPs, may –(a) make an interim SPPs amendment in the terms of some or all of the provisions of the draft amendment of the SPPs, modified, if at all, as the Minister thinks fit; or(b) decide not to make an interim SPPs amendment in the terms of some or all of the provisions of the draft amendment of the SPPs.(4) The Minister may only make an interim SPPs amendment under subsection (3)(a) in the terms of some or all of the provisions of a draft amendment of the SPPs, modified, if at all, as the Minister thinks fit, if the Minister is satisfied that –(a) it is necessary or desirable to make the interim SPPs amendment in order to urgently address issues relating to a natural or environmental hazard, public health, public safety or a prescribed circumstance or matter; and(b) it is in the public interest to give effect as soon as practicable to the provisions of the draft amendment of the SPPs contained in the interim SPPs amendment.(5) If the Minister makes an interim SPPs amendment under subsection (3)(a) , the Minister must –(a) give written notice of the interim SPPs amendment to the Commission and all planning authorities; and(b) publish in the Gazette notice of the making of the interim SPPs amendment and of the day on which the interim SPPs amendment is to come into effect as an amendment of the Tasmanian Planning Scheme, which is to be a day on or after the day on which the notice is so published.(6) If the Minister decides under subsection (3)(b) not to make an interim SPPs amendment, the Minister must give written notice of the decision to the Commission.(7) As soon as practicable after the Minister makes a decision under subsection (3) in relation to a draft amendment of the SPPs –(a) the Commission must place on the Commission’s principal website a copy of the advice and reasons given under subsection (2) in relation to the draft amendment of the SPPs; and(b) the Minister must place on a website of the Department a copy of the Minister’s reasons for making the decision.
30NC. Effect, and taking effect, of interim SPPs amendment
[Section 30NC of Division 2 of Part 3 Inserted by No. 7 of 2021, s. 8, Applied:14 Jul 2021](1) An interim SPPs amendment made under section 30NB(3)(a) comes into effect as an amendment of the Tasmanian Planning Scheme on the day specified, in the notice published under section 30NB(5)(b) in relation to the interim SPPs amendment, as the day on which the interim SPPs amendment is to come into effect as an amendment of the Tasmanian Planning Scheme.(2) An interim SPPs amendment remains in effect as an amendment of the Tasmanian Planning Scheme until –whichever occurs first.(a) the end of the period of 12 months from the day on which the interim SPPs amendment comes into effect as an amendment of the Tasmanian Planning Scheme; or(b) the day on which a draft amendment of the SPPs, in the same terms as the interim SPPs amendment, comes into effect under section 30R as an amendment of the Tasmanian Planning Scheme; or(c) a revocation of the interim SPPs amendment comes into effect under section 30ND(5) –(3) If an interim SPPs amendment has come into effect as an amendment of the Tasmanian Planning Scheme –(a) the SPPs are, for the period that the interim SPPs amendment remains in effect, amended in accordance with the interim SPPs amendment; and(b) the SPPs cease to be amended in accordance with the interim SPPs amendment when the interim SPPs amendment ceases to be in effect as an amendment of the Tasmanian Planning Scheme.(4) The Minister may publish a notice in the Gazette specifying –an interim SPPs amendment, that has come into effect under subsection (1) as an amendment of the Tasmanian Planning Scheme, is to come into effect as an amendment of the Tasmanian Planning Scheme in relation to a municipal area specified in the notice.(a) a day, after the day on which the notice is published in the Gazette, on which; or(b) the period, beginning on the day on which the notice is published in the Gazette, after the end of which –(5) An interim SPPs amendment comes into effect in relation to a municipal area –(a) on the day specified, in the notice published in the Gazette under subsection (4)(a) , as the day on which the interim SPPs amendment is to come into effect as an amendment of the Tasmanian Planning Scheme in relation to the municipal area; or(b) on the day immediately after the end of the period specified, in the notice published in the Gazette under subsection (4)(b) , as the period after the end of which the interim SPPs amendment is to come into effect as an amendment of the Tasmanian Planning Scheme in relation to the municipal area.(6) An interim SPPs amendment remains in effect as an amendment of the Tasmanian Planning Scheme in relation to a municipal area until –whichever occurs first.(a) the end of the period of 12 months from the day on which the interim SPPs amendment comes into effect as an amendment of the Tasmanian Planning Scheme (other than as an amendment of the Tasmanian Planning Scheme in relation to the municipal area); or(b) the day on which a draft amendment of the SPPs, in the same terms as the interim SPPs amendment, comes into effect under section 30S in relation to the municipal area; or(c) a revocation of the interim SPPs amendment comes into effect under section 30ND(5) in relation to the municipal area; or(d) the interim SPPs amendment ceases to have effect as an amendment of the Tasmanian Planning Scheme in relation to the municipal area under section 30ND(7) –(7) If an interim SPPs amendment has come into effect as an amendment of the Tasmanian Planning Scheme in relation to a municipal area –(a) the Tasmanian Planning Scheme in relation to the municipal area, as amended by the interim SPPs amendment, remains in effect for the period that the interim SPPs amendment remains in effect in relation to the municipal area; and(b) the Tasmanian Planning Scheme in relation to the municipal area ceases to be amended, in accordance with the interim SPPs amendment, when the interim SPPs amendment ceases to be in effect under subsection (6) as an amendment of the Tasmanian Planning Scheme in relation to a municipal area.
30ND. Revocation of interim SPPs amendment
[Section 30ND of Division 2 of Part 3 Inserted by No. 7 of 2021, s. 8, Applied:14 Jul 2021](1) The Minister may revoke an interim SPPs amendment.(2) If the Minister revokes under subsection (1) an interim SPPs amendment, the Minister must –(a) give written notice of the revocation of the interim SPPs amendment to the Commission and all planning authorities; and(b) publish in the Gazette notice of the revocation of the interim SPPs amendment and of the day on which the revocation takes effect, which is to be a day on or after the day on which the notice is so published.(3) If the Minister revokes under subsection (1) an interim SPPs amendment, the revocation takes effect on the day specified in the notice under subsection (2)(b) as the day on which the revocation takes effect.(4) If the Minister revokes under subsection (1) an interim SPPs amendment that has come into effect under section 30NC(5) in relation to a municipal area, the Minister must –(a) give written notice of the revocation of the interim SPPs amendment to the Commission and to the planning authority for the municipal area; and(b) publish in the Gazette notice of the revocation of the interim SPPs amendment and of the day on which the revocation takes effect in relation to a municipal area specified in the notice, which is to be the day, or a day after the day, on which the notice is so published.(5) If the Minister revokes under subsection (1) an interim SPPs amendment, the revocation of the interim SPPs amendment takes effect in relation to a municipal area on the day specified in the notice under subsection (4)(b) as the day on which the revocation takes effect in relation to the municipal area.(6) The Minister may, by notice in the Gazette, declare that an interim SPPs amendment ceases to have effect in relation to a municipal area on a day specified in the notice.(7) An interim SPPs amendment ceases to have effect in relation to a municipal area on the day specified in the notice under subsection (6) in relation to the municipal area.
Subdivision 4 - Making of amendment of the SPPs[Subdivision 4 of Division 2 of Part 3 Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
30O. Matters to be considered in making amendment of the SPPs
[Section 30O of Part 3 Inserted by No. 43 of 2009, s. 6, Applied:01 Jan 2010] [Section 30O Subsection (1) amended by No. 24 of 2014, s. 24, Applied:01 Jan 2015] [Section 30O Subsection (1) amended by No. 19 of 2012, s. 15, Applied:03 Jul 2012] [Section 30O Subsection (2) amended by No. 24 of 2014, s. 24, Applied:01 Jan 2015] [Section 30O Subsection (2) substituted by No. 19 of 2012, s. 15, Applied:03 Jul 2012] [Section 30O Subsection (4) amended by No. 24 of 2014, s. 24, Applied:01 Jan 2015] [Section 30O Subsection (4) amended by No. 19 of 2012, s. 15, Applied:03 Jul 2012] [Section 30O Subsection (5) amended by No. 24 of 2014, s. 24, Applied:01 Jan 2015] [Section 30O Subsection (5) amended by No. 19 of 2012, s. 15, Applied:03 Jul 2012] [Section 30O Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) [Section 30O Subsection (1) amended by No. 7 of 2021, s. 9, Applied:14 Jul 2021] The Minister must not make an amendment of the SPPs under section 30P , section 30NA(6) or section 30NB(3)(a) unless the Minister is satisfied that the amendment of the SPPs meets the SPPs criteria.(2) [Section 30O Subsection (2) amended by No. 7 of 2021, s. 9, Applied:14 Jul 2021] The Minister, before making an amendment of the SPPs under section 30P , section 30NA(6) or section 30NB(3)(a) , may inform himself or herself, in the manner he or she thinks fit, in relation to any matter.(3) Without limiting the manner in which the Minister may inform himself or herself for the purposes of subsection (2) , the Minister may require the Commission to provide him or her with further information for the purposes of that subsection.
30P. Making of amendment of the SPPs
[Section 30P of Part 3 Inserted by No. 43 of 2009, s. 6, Applied:01 Jan 2010] [Section 30P Substituted by No. 59 of 2013, s. 19, Applied:03 Jul 2014] [Section 30P Repealed by No. 24 of 2014, s. 25, Applied:01 Jan 2015] [Section 30P Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Minister, after considering a report provided to the Minister under section 30N(1) in relation to a draft amendment of the SPPs, contained, in accordance with section 30N(2)(a) , in the report, and any other matters that the Minister thinks fit,may –(a) make an amendment of the SPPs in the terms of the draft amendment of the SPPs; or(b) if the Minister is satisfied that a provision or provisions of the draft amendment of the SPPs ought to be modified but that the modified provisions do not require re-exhibition – make the amendment of the SPPs in the terms of the draft amendment of the SPPs, with the modifications, if any, that the Minister thinks fit; or(c) if the Minister is satisfied that a provision or provisions of the draft amendment of the SPPs ought to be modified and re-exhibited –(i) take the appropriate action to ensure re-exhibition of that provision, or those provisions, as so modified; and(ii) make the amendment of the SPPs in the terms of the draft amendment of the SPPs, excluding the provision or provisions that are to be modified and re-exhibited and including the other provisions, which may be modified as the Minister thinks fit without being re-exhibited; or(d) refuse to make an amendment of the SPPs in the terms of the draft amendment of the SPPs.(2) For the purposes of subsection (1)(c)(i) , the appropriate action to ensure re-exhibition of the provision, or provisions, of the draft amendment of the SPPs that the Minister is satisfied ought to be modified and re-exhibited (the relevant provisions) is that the Minister either –(a) prepares terms of reference under section 30C(1) in relation to the relevant provisions and issues a notice under section 30E(1) in relation to the modified provisions; or(b) approves under section 30G(3) for public exhibition a draft amendment of the SPPs, containing the relevant provisions, as so modified, as if the draft had been submitted to the Minister under section 30E(3) or section 30F(2) .(3) As soon as practicable after, under subsection (1)(d) , refusing to make an amendment of the SPPs, the Minister must publish a notice in the Gazette specifying that he or she has refused to make the amendment of the SPPs.(4) [Section 30P Subsection (4) omitted by No. 7 of 2021, s. 10, Applied:14 Jul 2021] . . . . . . . .(5) [Section 30P Subsection (5) omitted by No. 7 of 2021, s. 10, Applied:14 Jul 2021] . . . . . . . .(6) [Section 30P Subsection (6) omitted by No. 7 of 2021, s. 10, Applied:14 Jul 2021] . . . . . . . .
30Q. Notice of decision in relation to modifications of draft amendment of the SPPs
[Section 30Q of Part 3 Inserted by No. 43 of 2009, s. 6, Applied:01 Jan 2010] [Section 30Q Substituted by No. 59 of 2013, s. 19, Applied:03 Jul 2014] [Section 30Q Repealed by No. 24 of 2014, s. 25, Applied:01 Jan 2015] [Section 30Q Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) If the Minister makes, with the modifications the Minister thinks fit, an amendment of the SPPs under section 30P(1)(b) in the terms of a draft amendment of the SPPs, contained, in accordance with section 30N(2)(a) , in a report under section 30N(1) , the Minister must give notice, in a newspaper that is published, and circulates generally, in Tasmania –(a) that he or she has made the amendment of the SPPs in the terms of the draft amendment of the SPPs with the modifications to its provisions that the Minister thinks fit; and(b) of the reasons why he or she modified the provisions of the draft amendment of the SPPs; and(c) of the reasons why he or she was satisfied that a draft amendment of the SPPs with the modifications did not require re-exhibition.(2) If the Minister, under section 30P(1)(c) , is satisfied that a provision or provisions of the draft amendment of the SPPs, contained, in accordance with section 30N(2)(a) , in a report under section 30N(1) , ought to be modified and re-exhibited the Minister must give notice, in a newspaper that is published, and circulates generally, in Tasmania –(a) that he or she intends to take the appropriate action to ensure re-exhibition of that provision, or those provisions, as modified; and(b) of the reasons why he or she is satisfied that the provision or provisions of the draft amendment of the SPPs ought to be modified and re-exhibited.
30R. When amendment of the SPPs comes into effect as part of Tasmanian Planning Scheme
[Section 30R of Part 3 Inserted by No. 43 of 2009, s. 6, Applied:01 Jan 2010] [Section 30R Substituted by No. 59 of 2013, s. 19, Applied:03 Jul 2014] [Section 30R Repealed by No. 24 of 2014, s. 25, Applied:01 Jan 2015] [Section 30R Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) [Section 30R Subsection (1) amended by No. 7 of 2021, s. 11, Applied:14 Jul 2021] As soon as practicable after, under section 30P or section 30NA(6) , making an amendment of the SPPs, the Minister must publish a notice in the Gazette –(a) specifying that the Minister has made an amendment of the SPPs; and(b) specifying –the amendment of the SPPs is to come into effect as part of the Tasmanian Planning Scheme.(i) a day, after the day on which the notice is published in the Gazette, on which; or(ii) a period, after the day on which the notice is published in the Gazette, at the end of which –(2) [Section 30R Subsection (2) amended by No. 7 of 2021, s. 11, Applied:14 Jul 2021] An amendment of the SPPs made under section 30P or section 30NA(6) comes into effect as part of the Tasmanian Planning Scheme –(a) on the day specified, in the notice published in the Gazette under subsection (1) , as the day on which the amendment of the SPPs is to come into effect as part of the Tasmanian Planning Scheme; or(b) on the day after the end of the period, specified in the notice published in the Gazette under subsection (1) as the period at the end of which the amendment of the SPPs is to come into effect as part of the Tasmanian Planning Scheme.
30S. When amendment of the SPPs comes into effect in relation to municipal area
[Section 30S Inserted by No. 59 of 2013, s. 19, Applied:03 Jul 2014] [Section 30S Repealed by No. 24 of 2014, s. 25, Applied:01 Jan 2015] [Section 30S Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Minister may publish a notice in the Gazette specifying –an amendment of the SPPs, that has come into effect as part of the Tasmanian Planning Scheme, is to come into effect in relation to a municipal area specified in the notice.(a) a day, after the day on which the notice is published in the Gazette, on which; or(b) the period, beginning on the day on which the notice is published in the Gazette, at the end of which –(2) An amendment of the SPPs comes into effect in relation to a municipal area –(a) on the day specified, in the notice published in the Gazette under subsection (1) , as the day on which the amendment of the SPPs is to come into effect in relation to the municipal area; or(b) on the day after the end of the period specified, in the notice published in the Gazette under subsection (1) , as the period at the end of which the amendment of the SPPs is to come into effect in relation to the municipal area.
Division 3 - Miscellaneous[Division 3 of Part 3 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
[Section 30T Inserted by No. 59 of 2013, s. 19, Applied:03 Jul 2014] [Section 30T Repealed by No. 24 of 2014, s. 25, Applied:01 Jan 2015] [Section 30T Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) [Section 30T Subsection (1) amended by No. 36 of 2018, s. 11, Applied:17 Dec 2018] The Minister must, at the end of every 5-year period after the SPPs are made and as soon as practicable after the TPPs, or an amendment of the TPPs, is or are made –(a) conduct a review of the SPPs; or(b) by notice to the Commission, direct the Commission to conduct a review of the SPPs and provide to the Minister a report in relation to the review within the period specified in the notice.(1A) [Section 30T Subsection (1A) inserted by No. 36 of 2018, s. 11, Applied:17 Dec 2018] The Minister may, at any time, conduct a review of the SPPs.(2) The Minister, by notice to the Commission, may direct the Commission at any time –(a) to conduct a review of the SPPs generally or in relation to the matters specified in the notice; and(b) to provide to the Minister, within a period specified in the notice, a report in relation to the review.(3) The Commission must, within the period specified in a notice under subsection (1) or (2) , comply with a direction contained in the notice.(4) A report in relation to a review of the SPPs is to contain the recommendations of the Commission as to whether the SPPs require amendment in relation to the matters to which the review relates.(4A) [Section 30T Subsection (4A) inserted by No. 36 of 2018, s. 11, Applied:17 Dec 2018] Without limiting the matters to which a review of the SPPs may relate, such a review may consist of a review as to whether the SPPs are consistent with the TPPs.(4B) [Section 30T Subsection (4B) inserted by No. 36 of 2018, s. 11, Applied:17 Dec 2018] A review of the SPPs that is, in accordance with subsection (1), conducted after the TPPs, or an amendment of the TPPs, is or are made is to consist of a review as to whether the SPPs are consistent with the TPPs, or the amendment of the TPPs, respectively.(5) The Minister must consider a report provided by the Commission to him or her in relation to a review.
PART 3A - Local Provisions Schedules[Part 3A Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
Division 1 - Interpretation[Division 1 of Part 3A Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
[Section 31 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] In this Part –exhibition notice, in relation to a draft LPS, means the exhibition notice published under section 35C in relation to the draft LPS;exhibition period, in relation to a draft LPS, means the period specified, in accordance with section 35C(4)(a) , in the exhibition notice as the exhibition period in relation to the draft LPS;exhibition premises, in relation to a draft LPS, means premises –(a) to which the public has access during normal business hours; and(b) that are specified, in accordance with section 35C(4)(b)(i) , in the exhibition notice in relation to the draft LPS;[Section 31 Amended by No. 36 of 2018, s. 12, Applied:17 Dec 2018] LPS criteria outstanding issues notice means a notice prepared under section 35B(4B) ;relevant exhibition documents, in relation to a draft LPS, means –(a) the draft LPS; and(ab) [Section 31 Amended by No. 36 of 2018, s. 12, Applied:17 Dec 2018] an LPS criteria outstanding issues notice in relation to the draft LPS, if a direction under section 35B(4) in relation to the draft LPS includes a statement that the notice forms part of the relevant exhibition documents in relation to the draft LPS; and(b) any document applied, adopted or incorporated in the draft LPS.
Division 2 - Contents of LPSs[Division 2 of Part 3A Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
[Section 32 Subsection (1) amended by No. 24 of 2014, s. 26, Applied:01 Jan 2015] [Section 32 Subsection (1) amended by No. 21 of 1997, s. 17, Applied:01 Aug 1997] [Section 32 Subsection (1) amended by No. 24 of 2014, s. 26, Applied:01 Jan 2015] [Section 32 Subsection (1) amended by No. 57 of 2002, s. 11, Applied:05 Dec 2002] [Section 32 Subsection (1) amended by No. 24 of 2014, s. 26, Applied:01 Jan 2015] [Section 32 Subsection (1) amended by No. 57 of 2002, s. 11, Applied:05 Dec 2002] [Section 32 Subsection (1) amended by No. 26 of 2007, s. 8, Applied:01 Aug 2007] [Section 32 Subsection (1) amended by No. 24 of 2014, s. 26, Applied:01 Jan 2015] [Section 32 Subsection (1) amended by No. 26 of 2007, s. 8, Applied:01 Aug 2007] [Section 32 Subsection (1) amended by No. 24 of 2014, s. 26, Applied:01 Jan 2015] [Section 32 Subsection (1) amended by No. 26 of 2007, s. 8, Applied:01 Aug 2007] [Section 32 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) An LPS is to consist of provisions that apply only to a single municipal area specified in the LPS.(2) An LPS –(a) must specify the municipal area to which its provisions apply; and(b) must contain a provision that the SPPs require to be included in an LPS; and(c) must contain a map, an overlay, a list, or another provision, that provides for the spatial application of the SPPs to land, if required to do so by the SPPs; and(d) may, subject to this Act, contain any provision in relation to the municipal area that may, under section 11 or 12 , be included in the Tasmanian Planning Scheme; and(e) may contain a map, an overlay, a list, or another provision, that provides for the spatial application of the SPPs to particular land; and(f) must not contain a provision that is inconsistent with a provision of section 11 or 12 ; and(g) may designate land as being reserved for public purposes; and(h) may, if permitted to do so by the SPPs, provide for the detail of the SPPs in respect of, or the application of the SPPs to, a particular place or matter; and(i) may, if permitted to do so by the SPPs, override a provision of the SPPs; and(j) may, if permitted to do so by the SPPs, modify, in relation to a part of the municipal area, the application of a provision of the SPPs; and(k) may, subject to this Act, include any other provision that –(i) is not a provision of the SPPs or inconsistent with a provision of the SPPs; and(ii) is permitted by the SPPs to be included in an LPS; and(l) must not contain a provision that the SPPs specify must not be contained in an LPS.(3) Without limiting subsection (2) but subject to subsection (4) , an LPS may, if permitted to do so by the SPPs, include –(a) a particular purpose zone, being a group of provisions consisting of –(i) a zone that is particular to an area of land; and(ii) the provisions that are to apply in relation to that zone; or(b) a specific area plan, being a plan consisting of –(i) a map or overlay that delineates a particular area of land; and(ii) the provisions that are to apply to that land in addition to, in modification of, or in substitution for, a provision, or provisions, of the SPPs; or(c) a site-specific qualification, being a provision, or provisions, in relation to a particular area of land, that modify, are in substitution for, or are in addition to, a provision, or provisions, of the SPPs.(4) An LPS may only include a provision referred to in subsection (3) in relation to an area of land if –(a) a use or development to which the provision relates is of significant social, economic or environmental benefit to the State, a region or a municipal area; or(b) the area of land has particular environmental, economic, social or spatial qualities that require provisions, that are unique to the area of land, to apply to the land in substitution for, or in addition to, or modification of, the provisions of the SPPs.(5) An LPS must be in accordance with the structure, if any, that is indicated, or specified, in the SPPs to be the structure to which an LPS is to conform.(6) A provision of an LPS must be in the form, if any, that the SPPs indicate a provision of an LPS is to take.(7) A provision of an LPS in relation to a municipal area is not to be taken to have failed to comply with this section, or to be inconsistent with a provision of the SPPs, by reason only that it is inconsistent with a provision of the SPPs that has not come into effect in relation to the municipal area.
33. Interpretation of inconsistency in LPS
[Section 33 Subsection (2) amended by No. 24 of 2014, s. 27, Applied:01 Jan 2015] [Section 33 Subsection (2A) inserted by No. 104 of 1995, s. 9 ][Section 33 Subsection (2B) inserted by No. 84 of 1997, Applied:01 Jan 1998] [Section 33 Subsection (2B) amended by No. 24 of 2014, s. 27, Applied:01 Jan 2015] [Section 33 Subsection (3A) inserted by No. 84 of 1997, Applied:01 Jan 1998] [Section 33 Subsection (5) inserted by No. 24 of 2014, s. 27, Applied:01 Jan 2015] [Section 33 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) In the event of an inconsistency between provisions of an LPS, the LPS must, so far as practicable, be read so as to resolve the inconsistency.(2) In the event of an inconsistency between a provision, of a planning scheme that applies to a municipal area, that is a provision of the LPS in relation to the municipal area, and a provision of the planning scheme that is a provision of the SPPs that is in effect in relation to the municipal area –(a) the planning scheme must, so far as practicable, be read so as to resolve the inconsistency; and(b) subject to paragraph (a) , the provision of the SPPs prevails to the extent of any inconsistency with the provision of the LPS.(3) Despite subsection (2) , if a provision of the SPPs permits a provision of an LPS to override a provision of the SPPs (the overridden provision), a provision of an LPS that overrides, in accordance with the provision of the SPPs, the overridden provision prevails to the extent of any inconsistency with the overridden provision.(4) Despite subsection (2) , if a provision of an LPS that is a provision to which section 32(3) applies is inconsistent with a provision of the SPPs that is in force in relation to the municipal area to which the LPS applies, the provision of the LPS prevails to the extent of any inconsistency with the provision of the SPPs.(5) Despite subsection (2) , if a provision of the SPPs permits a provision of an LPS to modify, in relation to a part of the municipal area, the application of a provision of the SPPs (the modified provision), a provision of an LPS that modifies, in accordance with the provision of the SPPs, the modified provision prevails to the extent of any inconsistency with the modified provision.
[Section 34 Subsection (2) amended by No. 49 of 2001, s. 15, Applied:16 Jul 2001] [Section 34 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 34 Subsection (3) inserted by No. 24 of 2014, s. 29, Applied:01 Jan 2015] [Section 34 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) In this section –relevant planning instrument means a draft LPS, an LPS, a draft amendment of an LPS and an amendment of an LPS.(2) The LPS criteria to be met by a relevant planning instrument are that the instrument –(a) contains all the provisions that the SPPs specify must be contained in an LPS; and(b) is in accordance with section 32 ; and(c) furthers the objectives set out in Schedule 1 ; and(d) is consistent with each State policy; and(da) [Section 34 Subsection (2) amended by No. 36 of 2018, s. 13, Applied:17 Dec 2018] satisfies the relevant criteria in relation to the TPPs; and(e) [Section 34 Subsection (2) amended by No. 36 of 2018, s. 13, Applied:17 Dec 2018] as far as practicable, is consistent with the regional land use strategy, if any, for the regional area in which is situated the land to which the relevant planning instrument relates; and(f) [Section 34 Subsection (2) amended by No. 36 of 2018, s. 13, Applied:17 Dec 2018] has regard to the strategic plan, prepared under section 66 of the Local Government Act 1993 , that applies in relation to the land to which the relevant planning instrument relates; and(g) as far as practicable, is consistent with and co-ordinated with any LPSs that apply to municipal areas that are adjacent to the municipal area to which the relevant planning instrument relates; and(h) [Section 34 Subsection (2) amended by No. 3 of 2019, s. 13, Applied:03 Feb 2021] has regard to the safety requirements set out in the standards prescribed under the Gas Safety Act 2019 .(2A) [Section 34 Subsection (2A) inserted by No. 36 of 2018, s. 13, Applied:17 Dec 2018] A relevant planning instrument satisfies the relevant criteria in relation to the TPPs if –(a) where the SPPs and the relevant regional land use strategy have not been reviewed under section 30T(1) or section section 5A(8) after the TPPs, or an amendment to the TPPs, is or are made – the relevant planning instrument is consistent with the TPPs, as in force before the relevant planning instrument is made; and(b) whether or not the SPPs and the applicable regional land use strategy have been reviewed under section 30T(1) or section section 5A(8) after the TPPs, or an amendment to the TPPs, is or are made – the relevant planning instrument complies with each direction, contained in the TPPs in accordance with section 12B(3) , as to the manner in which the TPPs are to be implemented into the LPSs.(3) An amendment of an LPS, or a draft amendment of an LPS, is taken to meet the LPS criteria if the amendment of the LPS, or the draft amendment of the LPS, if made, will not have the effect that the LPS, as amended, will cease to meet the LPS criteria.
Division 3 - Preparation of draft LPS[Division 3 of Part 3A Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
35. Draft LPS to be provided to Commission
[Section 35 Amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 35 Substituted by No. 49 of 2001, s. 16, Applied:16 Jul 2001] [Section 35 Subsection (2) amended by No. 100 of 2001, s. 5, Applied:17 Dec 2001] [Section 35 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) A planning authority may prepare and submit to the Commission a draft LPS that applies to the municipal area of the planning authority.(2) The Minister, by notice in writing to a planning authority, may direct the planning authority to prepare and submit to the Commission a draft LPS that applies to the municipal area of the planning authority.(3) A direction to a planning authority under subsection (2) in relation to a draft LPS may require that the draft LPS be submitted to the Commission by a date, specified in the direction, that is not less than 42 days after the date on which the direction is given.(4) A planning authority must submit to the Commission in accordance with a direction under subsection (2) a draft LPS by the date, if any, specified in the direction as the date by which the draft LPS must be submitted or within a longer period allowed by the Minister.(5) If a planning authority has submitted to the Commission a draft LPS under this section, the Commission must –(a) submit the draft LPS to the Minister under section 35B(1) together with a request under that section for approval to issue a direction under section 35B(4) in relation to the draft LPS; or(b) by notice in writing to the planning authority, direct the authority to prepare and submit to the Commission, within the period specified in the direction, the draft LPS modified in accordance with the direction; or(c) with the agreement of the planning authority, modify the draft LPS so that the draft LPS meets the LPS criteria.(5A) [Section 35 Subsection (5A) inserted by No. 7 of 2021, s. 12, Applied:14 Jul 2021] Without limiting the generality of subsection (5)(b) , the Commission may give to a planning authority under subsection (5)(b) a direction to modify a draft LPS –(a) to include provisions that correspond to provisions that were included, in the planning scheme, within the meaning of section 10(2)(a)(ii) , that applies in relation to the municipal area, by an amendment, of that planning scheme, that came into effect after the draft LPS was submitted to the Commission under subsection (1) ; or(b) so that the provisions of the draft LPS, as modified in accordance with the direction, will correspond to the provisions, of the planning scheme, within the meaning of section 10(2)(a)(ii) , that applies to the municipal area, as that planning scheme is altered by an amendment, of that planning scheme, that is in effect on the day on which the draft LPS is submitted to the Commission under subsection (1) .(5B) [Section 35 Subsection (5B) inserted by No. 7 of 2021, s. 12, Applied:14 Jul 2021] A direction may not be given under subsection (5A) unless the provisions to be included in the draft LPS, as so modified, if at all, in accordance with the direction, are provisions of a kind that may be included in a draft LPS prepared under section 35 .(5C) [Section 35 Subsection (5C) inserted by No. 7 of 2021, s. 12, Applied:14 Jul 2021] A provision that is to be included, in a draft LPS in relation to a municipal area, in accordance with a direction under subsection (5A) to modify the draft LPS, may be varied so that the provision –(a) will conform to the requirements of the SPPs in relation to the LPS; or(b) will reflect the terminology used in the SPPs or in the LPS, including, but not limited to including, where the modification relates to the designation of a zone in the planning scheme, by changing the designation of the zone to the zone in the draft LPS that most closely corresponds to the zone in the planning scheme; or(c) will contain provisions that –(i) are appropriately numbered; or(ii) make correct references to provisions in the draft LPS or in other instruments, including but not limited to the SPPs; or(d) will achieve the effect intended by the amendment of the planning scheme to which the direction relates.(6) A planning authority to which a direction under subsection (5)(b) is given must prepare and submit to the Commission, within the period specified in the direction or a longer period allowed by the Commission, a draft LPS modified in accordance with the direction.(7) A planning authority must not prepare and submit a draft LPS to the Commission under this section unless the planning authority is satisfied that the draft LPS meets the LPS criteria.
35A. Commission may be required to provide draft LPS
[Section 35A Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) If a planning authority has failed to submit to the Commission a draft LPS in accordance with a direction under section 35(2) or (5) , the Minister, by notice in writing to the Commission, may issue to the Commission a direction.(2) A direction to the Commission under subsection (1) may require that the Commission prepare a draft LPS within the period specified in the direction.(3) The Commission, within the period specified in a direction under subsection (1) or a longer period allowed by the Minister, must prepare a draft LPS in accordance with the direction.(4) If the Commission has prepared a draft LPS in relation to a municipal area in accordance with a direction under subsection (1) , the Commission must provide to the planning authority in respect of the municipal area –(a) a copy of the draft LPS; and(b) a notice stating that the planning authority may, within 14 days, provide to the Commission its comments in relation to the draft.(5) A planning authority to which a draft LPS and a notice are provided under subsection (4) may, within 14 days, provide to the Commission the planning authority's comments in relation to the draft LPS.(6) The Commission, before submitting to the Minister under section 35B(1) a draft LPS prepared in accordance with a direction under subsection (1) , must consider any comments provided by a planning authority under subsection (5) in relation to the draft LPS.
Division 4 - Public exhibition[Division 4 of Part 3A Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
35B. Directions to exhibit draft LPSs
[Section 35B Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) [Section 35B Subsection (1) omitted by No. 36 of 2018, s. 14, Applied:17 Dec 2018] . . . . . . . .(2) [Section 35B Subsection (2) omitted by No. 36 of 2018, s. 14, Applied:17 Dec 2018] . . . . . . . .(3) [Section 35B Subsection (3) omitted by No. 36 of 2018, s. 14, Applied:17 Dec 2018] . . . . . . . .(4) [Section 35B Subsection (4) substituted by No. 36 of 2018, s. 14, Applied:17 Dec 2018] The Commission may direct a planning authority to undertake public exhibition in respect of a draft LPS that –(a) a planning authority has submitted to the Commission under section 35 ; or(b) the Commission has prepared under section 35A(3) .(4A) [Section 35B Subsection (4A) inserted by No. 36 of 2018, s. 14, Applied:17 Dec 2018] The Commission may only issue a direction under subsection (4) –(a) if the Commission is of the opinion that the draft LPS meets the LPS criteria; or(b) if the Commission –(i) prepares in relation to the draft LPS an LPS criteria outstanding issues notice under subsection (4B) ; and(ii) includes in the direction under subsection (4) a statement that the LPS criteria outstanding issues notice forms part of the relevant exhibition documents in relation to the draft LPS; and(iii) attaches to the direction a copy of the LPS criteria outstanding issues notice.(4B) [Section 35B Subsection (4B) inserted by No. 36 of 2018, s. 14, Applied:17 Dec 2018] The Commission may prepare in relation to a draft LPS an LPS criteria outstanding issues notice.(4C) [Section 35B Subsection (4C) inserted by No. 36 of 2018, s. 14, Applied:17 Dec 2018] An LPS criteria outstanding issues notice is a notice, in relation to a draft LPS, setting out the LPS criteria in relation to which the Commission considers that it needs further information in order for the Commission to be of the opinion that the draft LPS meets the LPS criteria.(4D) [Section 35B Subsection (4D) inserted by No. 36 of 2018, s. 14, Applied:17 Dec 2018] The Commission is to notify the Minister of a direction given under subsection (4) .(5) A direction under subsection (4) in relation to a draft LPS –(a) is to specify the State Service Agencies, or State authorities, that the Commission considers may have an interest in the draft LPS; and(b) [Section 35B Subsection (5) amended by No. 7 of 2021, s. 13, Applied:14 Jul 2021] may specify a period of 21 days, within which public exhibition of the draft LPS is to begin.
35C. Notice of exhibition of draft LPS
[Section 35C Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) A planning authority that is given a direction under section 35B(4) in relation to a draft LPS must give notice of the public exhibition of the draft LPS to –(a) each other planning authority for a municipal area that is within the same regional area as the planning authority that received the direction; and(b) each other planning authority for a municipal area that is adjacent to the municipal area in respect of the planning authority that received the direction; and(c) each State Service Agency, or State authority, specified in the direction.(2) A planning authority that receives a direction under section 35B(4) in relation to a draft LPS must ensure that an exhibition notice in relation to the draft LPS is published in accordance with this section.(3) The exhibition notice is to be published once before, and once within 14 days after, the first day of the exhibition period, in a newspaper that is published, and circulates generally, in Tasmania.(4) An exhibition notice is to –(a) specify the period that is to be the exhibition period in relation to the draft LPS; and(b) specify that the relevant exhibition documents are or will be –(i) available for viewing by the public, during the exhibition period, at premises, that are offices of the planning authority, specified in the notice; and(ii) available for viewing and downloading by the public, during the exhibition period, at an electronic address specified in the notice; and(c) [Section 35C Subsection (4) amended by No. 36 of 2018, s. 15, Applied:17 Dec 2018] contain an invitation to all persons and bodies to, within the exhibition period, make to the planning authority a representation in relation to the relevant exhibition documents in relation to the draft LPS by submitting the representation to –(i) the premises specified in the notice in accordance with paragraph (b)(i) ; or(ii) an electronic address specified in the notice.(5) The exhibition period, in relation to a draft LPS, is to be a period of 60 days –(a) [Section 35C Subsection (5) amended by No. 36 of 2018, s. 15, Applied:17 Dec 2018] beginning on the day on which relevant exhibition documents in relation to the draft LPS begin to be available for viewing by the public at exhibition premises in accordance with section 35D(1)(a)(i) ; and(b) excluding any days on which the exhibition premises are closed during normal business hours.
[Section 35D Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) A planning authority that is given a direction under section 35B(4) in relation to a draft LPS must –(a) [Section 35D Subsection (1) amended by No. 36 of 2018, s. 16, Applied:17 Dec 2018] within the period, if any, specified, in accordance with section 35B(5)(b) , in the direction, cause the relevant exhibition documents in relation to the draft LPS –(i) to begin to be available for viewing by the public at the exhibition premises; and(ii) to begin to be available for viewing and downloading by the public at the electronic address specified, in accordance with section 35C(4)(b)(ii) , in the exhibition notice; and(b) [Section 35D Subsection (1) amended by No. 36 of 2018, s. 16, Applied:17 Dec 2018] ensure that the relevant exhibition documents in relation to the draft LPS are, for the exhibition period –(i) available for viewing by the public at the exhibition premises; and(ii) available for viewing and downloading by the public at the electronic address specified, in accordance with section 35C(4)(b)(ii) , in the exhibition notice.(2) [Section 35D Subsection (2) amended by No. 36 of 2018, s. 16, Applied:17 Dec 2018] The Commission must cause the relevant exhibition documents in relation to a draft LPS to which a direction under section 35B(4) relates to be, for the exhibition period in relation to the draft LPS –(a) available for viewing by the public at its office; and(b) available for viewing and downloading by the public at an electronic address of the Commission.
[Section 35E Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) [Section 35E Subsection (1) amended by No. 36 of 2018, s. 17, Applied:17 Dec 2018] A person or body may make to a planning authority a representation in relation to the relevant exhibition documents in relation to a draft LPS (apart from the documents referred to in paragraph (b) of the definition of relevant exhibition documents in section 31 ) that are made available by the planning authority for viewing by the public at exhibition premises in accordance with section 35D(1)(a) .(2) [Section 35E Subsection (2) amended by No. 36 of 2018, s. 17, Applied:17 Dec 2018] A representation in relation to the relevant exhibition documents in relation to a draft LPS –(a) is to be made under subsection (1) within the exhibition period in relation to the draft LPS; and(b) must be made by submitting the representation to the premises, or to the electronic address, that are specified, in accordance with section 35C(4)(b) , in the exhibition notice in relation to the draft LPS.(3) [Section 35E Subsection (3) amended by No. 7 of 2021, s. 14, Applied:14 Jul 2021] [Section 35E Subsection (3) amended by No. 36 of 2018, s. 17, Applied:17 Dec 2018] Without limiting the generality of subsection (1) but subject to subsection (3A) , a person or body may make in relation to the relevant exhibition documents in relation to a draft LPS a representation as to whether –(a) a provision of the draft LPS is inconsistent with a provision of the SPPs; or(b) the draft LPS should, or should not, apply a provision of the SPPs to an area of land; or(c) the draft LPS should, or should not, contain a provision that an LPS is permitted under section 32 to contain.(3A) [Section 35E Subsection (3A) inserted by No. 7 of 2021, s. 14, Applied:14 Jul 2021] A representation in relation to the relevant exhibition documents that relate to a draft LPS may not be made in relation to a provision included in the draft LPS in accordance with a direction referred to in section 35(5A) .(4) [Section 35E Subsection (4) amended by No. 36 of 2018, s. 17, Applied:17 Dec 2018] A representation in relation to the relevant exhibition documents in relation to a draft LPS must not be a representation to the effect that the content of a provision of the SPPs should be altered.(5) [Section 35E Subsection (5) amended by No. 36 of 2018, s. 17, Applied:17 Dec 2018] For the purposes of this Part, any matter, contained in a representation under subsection (1) in relation to the relevant exhibition documents in relation to a draft LPS, that –is not to be taken to be part of the representation.(a) does not relate to the contents or merits of the draft; or(b) is not a matter to which subsection (3) relates; or(c) is a representation to which subsection (4) relates –
35F. Report by planning authority to Commission about exhibition
[Section 35F Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) A planning authority, within 60 days after the end of the exhibition period in relation to a draft LPS in relation to the municipal area of the planning authority or a longer period allowed by the Commission, must provide to the Commission a report in relation to the draft LPS.(2) The report by the planning authority in relation to the draft LPS is to contain –(a) [Section 35F Subsection (2) amended by No. 36 of 2018, s. 18, Applied:17 Dec 2018] a copy of each representation made under section 35E(1) in relation to the relevant exhibition documents in relation to the draft LPS before the end of the exhibition period in relation to the draft LPS, or, if no such representations were made before the end of the exhibition period, a statement to that effect; and(b) [Section 35F Subsection (2) amended by No. 36 of 2018, s. 18, Applied:17 Dec 2018] a copy of each representation, made under section 35E(1) in relation to the relevant exhibition documents in relation to the draft LPS after the end of the exhibition period in relation to the draft LPS, that the planning authority, in its discretion, includes in the report; and(ba) [Section 35F Subsection (2) amended by No. 36 of 2018, s. 18, Applied:17 Dec 2018] a statement containing the planning authority's response to the matters referred to in an LPS criteria outstanding issues notice, if any, in relation to the draft LPS; and(c) a statement of the planning authority's opinion as to the merit of each representation included under paragraph (a) or (b) in the report, including, in particular, as to –(i) whether the planning authority is of the opinion that the draft LPS ought to be modified to take into account the representation; and(ii) the effect on the draft LPS as a whole of implementing the recommendation; and(d) a statement as to whether it is satisfied that the draft LPS meets the LPS criteria; and(e) the recommendations of the planning authority in relation to the draft LPS.(3) Without limiting the generality of subsection (2)(e) , the recommendations in relation to a draft LPS may include recommendations as to whether –(a) a provision of the draft LPS is inconsistent with a provision of the SPPs; or(b) the draft LPS should, or should not, apply a provision of the SPPs to an area of land; or(c) the draft LPS should, or should not, contain a provision that an LPS is permitted under section 32 to contain.
35G. Planning authority may notify Minister as to whether amendment of SPPs is required
[Section 35G Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) A planning authority, by notice to the Commission, may advise the Commission that, having considered –the planning authority is of the opinion that the content of a provision of the SPPs should be altered.(a) a draft LPS, in relation to the municipal area of the planning authority, that has been made available for viewing by the public under section 35D(1)(b)(i) ; and(b) [Section 35G Subsection (1) amended by No. 36 of 2018, s. 19, Applied:17 Dec 2018] representations made under section 35E(1) in relation to the relevant exhibition documents in relation to the draft LPS –(2) The Commission must consider the advice of a planning authority received under subsection (1) and, if it considers the advice has merit, provide to the Minister notice of the advice and of the Commission's opinion in relation to the advice.(3) The Minister must consider the notice, and the Commission's opinion, provided to him or her under subsection (2) .
[Section 35H Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) [Section 35H Subsection (1) amended by No. 36 of 2018, s. 20, Applied:17 Dec 2018] As soon as practicable after receiving, in relation to a draft LPS, a report under section 35F(1) that contains a copy of a representation in relation to the relevant exhibition documents in relation to the draft LPS, the Commission must hold a hearing in relation to the representation.(2) [Section 35H Subsection (2) amended by No. 36 of 2018, s. 20, Applied:17 Dec 2018] Subsection (1) does not apply in relation to a representation in relation to the relevant exhibition documents in relation to a draft LPS if the Commission decides to dispense with a hearing in relation to the representation because –(a) the Commission is satisfied that all the representations received by the relevant planning authority are in support of the draft LPS; or(b) the person or body who or that made the representation notifies the Commission that he, she or it does not wish a hearing to be held in relation to the representation; or(c) the Commission is satisfied that the representation indicates that the draft LPS will require modification for a purpose referred to in section 40I(2)(b) and the Minister has agreed to the modification for that purpose.(3) The Commission must give at least 14 days' notice, as prescribed, of a hearing to be held under subsection (1) .(4) The Commission may consolidate any of the representations and hold a hearing in relation to the consolidated representations.(5) The Commission may hold together hearings that relate to more than one draft LPS.(6) The Commission is not to consider, in a hearing in relation to a draft LPS, a matter that, if it were included in a representation, would, in accordance with section 35E(5) , not be taken to be part of the representation.
[Section 35I Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) A planning authority may apply to the Commission for approval to withdraw a draft LPS prepared by the planning authority.(2) An application may only be made under subsection (1) in relation to a draft LPS if –(a) a report, in relation to the draft LPS, has not been provided to the Commission under section 35F(1) ; and(b) the planning authority proposes to prepare a further draft LPS, or a Special LPS, for an area the same as, or greater than, the area to which the draft LPS that is to be withdrawn relates.(3) After considering an application under subsection (1) in relation to a draft LPS, the Commission, with the approval of the Minister, may –(a) approve the withdrawal of the draft LPS; or(b) refuse to approve the withdrawal of the draft LPS.(4) The Commission is to notify the planning authority that made an application under subsection (1) of a decision under subsection (3) in relation to the application.(5) A draft LPS is withdrawn 7 days after the day on which an approval is given under subsection (3) to the withdrawal of the draft LPS.(6) A planning authority, by notice published in a daily newspaper that is published in Tasmania and circulates generally in the area to which a draft LPS that is withdrawn relates, must give notice –(a) that the draft LPS is withdrawn; and(b) of the date on which the withdrawal takes or took effect.
Division 5 - Approval of Local Provisions Schedules[Division 5 of Part 3A Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
35J. Matters to be considered by Commission
[Section 35J Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) As soon as practicable after receiving a report under section 35F(1) in relation to a draft LPS and holding any hearings under section 35H , the Commission must consider –(a) the report and the draft LPS to which it relates; and(b) the information obtained at the hearings; and(c) whether it is satisfied that the draft LPS meets the LPS criteria; and(d) whether modifications ought to be made to the draft LPS.(2) The Commission, after receiving a report under section 35F(1) in relation to a draft LPS and holding all hearings that it is required to hold under section 35H , may consider whether there are any matters that relate to issues of a technical nature or that may be relevant to the implementation of the Local Provisions Schedule if the Local Provisions Schedule were approved under section 35L in the terms of the draft LPS.
35K. Modifications to draft LPS
[Section 35K Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Commission, after complying with section 35J in relation to a draft LPS in relation to the municipal area of a planning authority, may –(a) by notice to the planning authority, direct the planning authority to modify the draft LPS in the manner specified in the notice; or(b) modify the draft LPS itself and notify the planning authority of the Commission's modification; or(c) [Section 35K Subsection (1) amended by No. 7 of 2021, s. 15, Applied:14 Jul 2021] by notice to the planning authority, reject the draft LPS and direct the planning authority to submit to the Commission a substitute draft LPS within 28 days, or a longer period allowed by the Commission, from the date of the notice.(2) If a planning authority is directed under subsection (1)(a) to modify a draft LPS –(a) the planning authority must undertake the modification in accordance with the direction and submit the modified draft LPS to the Commission within 28 days or a longer period allowed by the Commission; and(b) the Commission may, if it is not satisfied with a modified draft submitted to the Commission under paragraph (a) , issue a further notice under subsection (1) in relation to the draft LPS to which the modifications relate; and(c) [Section 35K Subsection (2) amended by No. 7 of 2021, s. 15, Applied:14 Jul 2021] the period referred to in section 35L(3) in relation to a draft LPS to which a report under section 35F(1) applies does not run until the modified draft LPS is submitted to the Commission under paragraph (a) .(d) [Section 35K Subsection (2) amended by No. 7 of 2021, s. 15, Applied:14 Jul 2021] . . . . . . . .(3) [Section 35K Subsection (3) amended by No. 7 of 2021, s. 15, Applied:14 Jul 2021] If the Commission issues under subsection (1)(c) a direction, in relation to a draft LPS (the original draft LPS), requiring a planning authority to submit to the Commission a substitute draft LPS –(a) the direction is taken to be a direction of the Minister under section 35(2) to submit to the Commission a draft LPS; and(b) this Division ceases to apply to the original draft LPS.(4) [Section 35K Subsection (4) omitted by No. 7 of 2021, s. 15, Applied:14 Jul 2021] . . . . . . . .
35KA. Modifications to draft LPS relating to subsequent planning scheme amendments
[Section 35KA Inserted by No. 7 of 2021, s. 16, Applied:14 Jul 2021](1) The modifications that the Commission may make, or direct a planning authority to make, under section 35K(1)(a) or (b) , to a draft LPS, include, but are not limited to including, a relevant modification.(2) For the purposes of this section, a relevant modification is a modification to a draft LPS in relation to a municipal area –(a) to include provisions that correspond to provisions that were included, in the planning scheme, within the meaning of section 10(2)(a)(ii) , that applies in relation to the municipal area, by an amendment, of that planning scheme, that is in effect at the time at which the draft LPS is to be modified under section 35K(1)(a) or (b) ; or(b) so that the provisions to be included in the draft LPS, as so modified by the relevant modification, will correspond to the provisions, of the planning scheme within the meaning of section 10(2)(a)(ii) , that applies to the municipal area, as altered by an amendment, of that planning scheme, that is in effect at the time at which the draft LPS is to be modified under section 35K(1)(a) or (b) .(3) Despite subsection (1) , a relevant modification may not be made unless the provisions to be included in the draft LPS, as so altered, if at all, in accordance with the relevant modification, are provisions of a kind that may be included in a draft LPS prepared under section 35 .(4) A provision that is to be included, in a draft LPS in relation to a municipal area, in accordance with a relevant modification, may be varied so that the provision –(a) will conform to the requirements of the SPPs in relation to the LPS; or(b) will reflect the terminology used in the SPPs or the LPS, including, but not limited to including, where the relevant modification relates to the designation of a zone in the planning scheme, by changing the designation of the zone to the zone in the draft LPS that most closely corresponds to the zone in the planning scheme; or(c) will contain provisions that –(i) are appropriately numbered; or(ii) make correct references to provisions in the draft LPS or in other instruments, including but not limited to the SPPs; or(d) will achieve the effect intended by the amendment of the planning scheme to which the relevant modification relates.
35KB. Where substantial modifications required
[Section 35KB Inserted by No. 7 of 2021, s. 16, Applied:14 Jul 2021](1) The Commission, after complying with section 35J in relation to a draft LPS in relation to the municipal area of a planning authority, may issue, in relation to the draft LPS, a direction to the planning authority.(2) The Commission may only issue, in relation to a draft LPS, a direction under subsection (1) if the Commission is of the opinion that the draft LPS requires substantial modification but that the modification required is such that it is suitable for it to be made by way of an amendment, under Part 3B , of the LPS in relation to the municipal area of the planning authority, after the LPS comes into effect.(3) A direction issued under subsection (1) to a planning authority is to direct the planning authority –(a) to prepare, in the terms specified in the direction, an amendment, under Part 3B , of the LPS in relation to the municipal area of the planning authority; and(b) to submit to the Commission the amendment of the LPS within 42 days, or a longer period allowed by the Commission, after the LPS comes into effect.(4) If a direction is issued under subsection (1) to a planning authority –(a) the planning authority –(i) must prepare, in the terms specified in the direction, an amendment, under Part 3B , of the LPS in relation to the municipal area of the planning authority; and(ii) must submit the amendment to the Commission within 42 days, or a longer period allowed by the Commission, after the LPS comes into effect; and(b) the Commission may, on receiving from the planning authority a draft of the amendment of the LPS under paragraph (a) or (c) –(i) by notice to the planning authority, require the planning authority to publicly exhibit the amendment in accordance with section 40G ; or(ii) by notice to the planning authority, require the planning authority to resubmit to the Commission an amended draft of the amendment of the LPS within the period specified in the notice; and(c) the planning authority is to resubmit to the Commission an amended draft of the amendment of the LPS within the period specified in the notice, if any, under paragraph (b)(ii) .
35L. Approval of Local Provisions Schedules
[Section 35L Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Commission, after complying with section 35J and taking the action, if any, it thinks fit under section 35K in relation to a draft LPS, may, with the agreement of the Minister, approve a Local Provisions Schedule in the terms of –(a) the draft LPS; or(b) [Section 35L Subsection (1) amended by No. 7 of 2021, s. 17, Applied:14 Jul 2021] the draft LPS modified in accordance with section 35K(1) or (2) .(c) [Section 35L Subsection (1) amended by No. 7 of 2021, s. 17, Applied:14 Jul 2021] . . . . . . . .(2) The Commission must not approve a Local Provisions Schedule under subsection (1) unless the Commission is satisfied the Local Provisions Schedule meets the LPS criteria.(3) [Section 35L Subsection (3) substituted by No. 7 of 2021, s. 17, Applied:14 Jul 2021] The Commission must approve under subsection (1) a Local Provisions Schedule within 90 days, or a longer period allowed by the Minister, after receiving a report under section 35F(1) in relation to the draft LPS to which the Local Provisions Schedule relates.(4) An approval by the Commission of a Local Provisions Schedule must be signed –(a) by the Chairperson of the Commission; or(b) if the Chairperson of the Commission is unavailable or unable to sign the approval – by a person approved under subsection (5) to sign the approval.(5) The Commission may approve a member of the Commission –(a) to sign the approval of a particular Local Provisions Schedule if the Chairperson is unavailable or unable to sign that approval; or(b) to sign approvals of Local Provisions Schedules during any period in which the Chairperson is unavailable or unable to sign such approvals.
35M. Notice of approval of Local Provisions Schedules
[Section 35M Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) As soon as practicable after approving a Local Provisions Schedule under section 35L(1) , the Commission must –(a) notify the planning authority for the municipal area to which the Local Provisions Schedule relates; and(b) cause a notice of the approval of the Local Provisions Schedule to be published in the Gazette.(2) A planning authority that is notified under subsection (1)(a) must give the prescribed notice of the approval of a Local Provisions Schedule to which the notice relates.(3) A Local Provisions Schedule approved under section 35L(1) comes into effect –(a) on the date on which notice of its approval appears in the Gazette; or(b) if a later date is specified in the notice as the date on which the Local Provisions Schedule is to come into effect – on that date.(4) The failure to comply with a provision of this Part within the period referred to in the provision does not invalidate an approval under section 35L(1) of a Local Provisions Schedule.
Division 6 - Review of LPSs[Division 6 of Part 3A Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
[Section 35N Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015] The purposes of a review of an LPS, or a part of an LPS, are as follows:(a) to determine whether the LPS or part effectively sets out the policy objectives for use and development of land to which the LPS applies;(b) to determine whether the LPS or part complies with, or is consistent with, the SPPs;(c) to determine whether the LPS or part is consistent with any applicable regional land use strategy;(d) to determine whether the LPS or part satisfactorily applies a State Policy;(e) to determine whether, as far as practicable, the LPS or part is consistent with and co-ordinated with the LPS that applies to municipal areas that are adjacent to the municipal area to which the LPS applies;(f) to determine whether the LPS or part is in accordance with any direction issued by the Minister under this Act.
35O. Requirement for review of LPSs
[Section 35O Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) A planning authority must regularly conduct, for each of the purposes specified in section 35N , a review of an LPS in relation to the municipal area of the planning authority.(2) A planning authority must, after the end of each 5-year period after an LPS in relation to the municipal area of the planning authority has been in effect, conduct, for each of the purposes specified in section 35N , a review of the LPS.(3) Subsection (2) does not apply if a planning authority hasprepared a draft LPS under section 35 that, if approved under section 35L(1) , would replace the LPS required to be reviewed.(4) The Minister, by notice in writing to a planning authority in respect of a municipal area or to the Commission, may direct the authority or the Commission, respectively, to review, for one or more of the purposes, specified in section 35N , that are specified in the notice, all or part of the LPS that applies to the area.
[Section 35P Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) If a planning authority or the Commission must, as required by section 35O(1) or (2) or by a notice under section 35O(4) , conduct a review of an LPS or a part of an LPS, the planning authority or the Commission, respectively –(a) must publish notice, in a newspaper published in, and circulating generally in, Tasmania, that –(i) a review of an LPS or a part of an LPS is to be conducted; and(ii) specifying the matters to which the review relates; and(iii) inviting all persons and bodies to provide to the planning authority, or the Commission, respectively, comments, in relation to the matters to which the review relates, within the period of not less than 21 days, specified in the notice; and(b) for a period specified, in accordance with paragraph (a)(iii) in the notice, must receive comments from persons and bodies in relation to the matters to which the review relates; and(c) must consider the matters to which the review relates; and(d) after taking into account public comments received within the period referred to in paragraph (a)(iii) , must prepare a report in relation to the review; and(e) in the case –(i) of the planning authority – must provide the report to the Commission within 90 days after beginning the review or a longer period allowed by the Commission; or(ii) of the Commission – must provide the report to the Minister within 90 days after beginning the review or a longer period allowed by the Minister.(2) For the purposes of this section, the matters to which a review relates are –(a) if the review is required under section 35O(1) or (2) , all the purposes of a review specified in section 35N ; or(b) if the review is pursuant to a direction in a notice under section 35O(4) , the purposes, specified in section 35N , that are specified in the notice.(3) A report by a planning authority or the Commission for the purposes of subsection (1)(d) in relation to the review of an LPS, or a part of an LPS, is to contain –(a) the details and conclusions of the review of the LPS, or the part of an LPS, in relation to the matters to which the review relates; and(b) a statement of the opinion of the planning authority, or the Commission, as the case may be, as to whether the LPS requires amendment, needs to be replaced with another LPS, or can continue without amendment.(4) If the Commission is satisfied that a report prepared by a planning authority under subsection (1) has not been prepared in accordance with the requirements of this section, the Commission must, by notice to the planning authority, direct the planning authority to revise the report and provide the revised report to the Commission within 60 days or a longer period allowed by the Commission.(5) A planning authority must provide to the Commission a report in accordance with a notice under subsection (4) .(6) Subsection (5) does not apply if a planning authority hasprepared a draft LPS under section 35 that, if a Local Provisions Schedule were approved under section 35L(1) in the terms of the draft LPS, would replace the LPS required to be reviewed.(7) If a planning authority fails to comply with a requirement or a notice under this Division –(a) the Commission may assume the responsibilities and obligations of the planning authority under this Division; and(b) the planning authority must pay to the Commission all costs incurred by the Commission in assuming the responsibilities and obligations of the authority under this Division.(8) The Commission must, as soon as practicable after receiving under this section a report in relation to a review that it is satisfied has been prepared in accordance with the requirements of this section, give to the Minister its recommendations in relation to the review.
Division 7 - Special Local Provisions Schedules[Division 7 of Part 3A Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
35Q. Special Local Provisions Schedules
[Section 35Q Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](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.
35R. Operation of Special LPSs
[Section 35R Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) A Special LPS comes into effect on the date specified in the notice in the Gazette published under section 35Q(8) or, if no date is specified, 7 days after the date on which the notice is so published.(2) If a provision of a Special LPS that applies to a municipal area is inconsistent with any existing LPS that applies to the municipal area, the provision of the LPS does not apply to the extent of the inconsistency.(3) The Commission must provide to the Clerk of each House of Parliament a copy of a Special LPS within 10 sitting-days after the Special LPS is approved under section 35Q(1) or (3) .(4) A Clerk of a House of Parliament must table in the House a copy of a Special LPS that is provided under subsection (3) .(5) A Special LPS ceases to be in effect if –(a) the Commission revokes the Special LPS under section 35S ; or(b) either House of Parliament passes a resolution disallowing the Special LPS; or(c) an LPS, that applies to the area and specifies that the Special LPS is revoked, comes into effect.
35S. Revocation of Special LPSs
[Section 35S Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Commission, of its own motion or at the request of a planning authority, may revoke a Special LPS.(2) The Commission must cause notice of the revocation of a Special LPS 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 LPS relates.(3) The revocation of a Special LPS comes into effect on the date specified in the Gazette notice published under subsection (2) as the date on which the Special LPS is revoked or, if no date is specified, 7 days after the date on which the notice is so published.
Division 8 - Commission may take over certain responsibilities of planning authority[Division 8 of Part 3A Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
35T. Commission may take over responsibilities of planning authority
[Section 35T Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) If a planning authority fails to comply with a provision of this Part within the period referred to in that provision –(a) the Commission may assume the responsibilities and obligations of the planning authority under this Part; and(b) the planning authority must pay to the Commission all costs incurred by the Commission in assuming the responsibilities and obligations of the planning authority under this Part.(2) The failure to comply with a provision of this Part within the period referred to in the provision does not invalidate an LPS, or a Special LPS, approved by the Commission under this Part.
PART 3B - Amendments of LPSs[Part 3B Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
Division 1 - Interpretation[Division 1 of Part 3B Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
[Section 36 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 36 Subsection (4) amended by No. 104 of 1995, s. 10 ][Section 36 Subsection (4) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 36 Subsection (5) substituted by No. 84 of 1997, s. 11, Applied:01 Jan 1998] [Section 36 Subsection (6) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 36 Repealed by No. 49 of 2001, s. 16, Applied:16 Jul 2001] [Section 36 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] In this Part –exhibition notice, in relation to a draft amendment of an LPS, means the exhibition notice published under section 40G in relation to the draft amendment of an LPS;exhibition period, in relation to a draft amendment of an LPS, means the period specified, in accordance with section 40G(3)(a) , in the exhibition notice as the exhibition period in relation to the draft amendment of an LPS;exhibition premises, in relation to a draft amendment of an LPS, means premises –(a) to which the public has access during normal business hours; and(b) that are specified, in accordance with section 40G(3)(b)(i) , in the exhibition notice in relation to the draft amendment of an LPS;relevant exhibition documents, in relation to a draft amendment of an LPS, means –(a) the draft amendment of an LPS; and(b) any document applied, adopted or incorporated in the draft amendment of an LPS.
Division 2 - Requests for amendments of LPSs[Division 2 of Part 3B Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
37. Request for amendment of LPSs
[Section 37 Substituted by No. 84 of 1997, s. 12, Applied:01 Jan 1998] [Section 37 Substituted by No. 26 of 2007, s. 9, Applied:01 Aug 2007] [Section 37 Subsection (1) amended by No. 24 of 2014, s. 30, Applied:01 Jan 2015] [Section 37 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) A person may request a planning authority to amend an LPS that applies to the municipal area of the planning authority.(2) A request under subsection (1) is to be in a form approved by the planning authority or, if a form has been approved by the Commission, is to be in that form.(3) A request under subsection (1) by a person to a planning authority to amend the zoning or use or development of one or more parcels of land specified in an LPS must, if the person is not the owner, or the sole owner, of the land –(a) be signed by each owner of the land; or(b) be accompanied by the written permission of each owner of the land to the making of the request.
38. Decision in relation to request
[Section 38 Amended by No. 104 of 1995, s. 11 ][Section 38 Amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 38 Substituted by No. 49 of 2001, s. 17, Applied:16 Jul 2001] [Section 38 Substituted by No. 26 of 2007, s. 10, Applied:01 Aug 2007] [Section 38 Subsection (1) amended by No. 24 of 2014, s. 31, Applied:01 Jan 2015] [Section 38 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) A planning authority, before deciding whether to prepare a draft amendment of an LPS in relation to a municipal area in accordance with a request under section 37(1) , must be satisfied that such a draft amendment of an LPS will meet the LPS criteria.(2) A planning authority, within 42 days after receiving a request under section 37(1) or a longer period allowed by the Commission, must –(a) decide to agree to the amendment and prepare a draft amendment of the LPS; or(b) decide to refuse to prepare the draft amendment of the LPS.(3) A planning authority, within 7 days of deciding under subsection (2) whether or not to prepare a draft amendment of an LPS in accordance with a request under section 37(1) , must give notice of the decision to the person who made the request.
39. Limitation on multiple requests for same amendment
[Section 39 Subsection (1) amended by No. 19 of 2012, s. 16, Applied:03 Jul 2012] [Section 39 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 39 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) A person may not, within 2 calendar years from the date of a decision by a planning authority under section 38 not to prepare a draft amendment of an LPS, request the planning authority under section 37(1) to prepare a draft amendment of the LPS that is substantially the same as the draft amendment to which the decision relates, unless the leave of the Commission has been obtained under subsection (2) .(2) The Commission may, on the application of a person who wishes to make a request under section 37(1) (the new request), give leave to the person to request the planning authority under section 37(1) to prepare a draft amendment of an LPS that is substantially the same as a previous request to prepare an amendment.(3) The Commission may only give leave to a person to request the planning authority under section 37(1) to prepare a draft amendment of an LPS if –(a) there has been a change to –(i) the SPPs; or(ii) a regional land use strategy that applies to the municipal area in which is situated the land to which the new request relates; and(b) the Commission is satisfied the change may be relevant to the consideration by the planning authority of the new request.
40. Additional information may be requested
[Section 40 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 40 Subsection (1A) inserted by No. 24 of 2014, s. 32, Applied:01 Jan 2015] [Section 40 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 40 Subsection (2A) inserted by No. 104 of 1995, s. 12 ][Section 40 Subsection (2A) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 40 Subsection (2B) inserted by No. 104 of 1995, s. 12 ][Section 40 Subsection (2C) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 40 Subsection (2C) inserted by No. 104 of 1995, s. 12 ][Section 40 Subsection (3) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 40 Subsection (4) inserted by No. 26 of 2007, s. 11, Applied:01 Aug 2007] [Section 40 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) A planning authority, within 28 days from the day on which it receives from a person a request under section 37(1) for an amendment of an LPS, may, by notice in writing served on the person, require the person to provide to the planning authority additional information before it considers the request.(2) A period referred to in section 38(2) or (3) does not run in relation to a request under section 37(1) by a person while additional information that the planning authority has required the person to provide has not, in the opinion of the planning authority, been provided to the planning authority.(3) If additional information is not provided, in accordance with a requirement under subsection (1) , within 5 years after the requirement is made and the requirement is not revoked in accordance with a direction under section 40A(4) , the request under section 37(1) for an amendment of an LPS lapses.
40A. Review of requirement for additional information
[Section 40A Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) A person, within 14 days after being served a notice under section 40(1) containing a requirement that the person provide additional information, may request the Commission to consider whether the planning authority ought to have imposed the requirement.(2) The Commission, after receiving a request under subsection (1) in relation to a planning authority, may, by notice to the planning authority, require the planning authority to provide to the Commission any material, relevant to the request, that was in the possession of the planning authority before the day on which the Commission issued the notice.(3) A planning authority, within 7 days of receiving notice of a requirement under subsection (2) , must comply with the requirement.Penalty: Fine not exceeding 100 penalty units.(4) The Commission, within 28 days after receiving from a person a request under subsection (1) in relation to a requirement of a planning authority imposed by a notice under section 40(1) , or a longer period allowed by the Minister, must –(a) direct the planning authority –(i) to revoke the notice under section 40(1) imposing the requirement; or(ii) to issue a new notice under section 40(1) imposing a requirement that the person provide additional information that is specified in the notice from the Commission; or(b) determine that the Commission is satisfied that the requirement was appropriate.(5) The Commission, within 7 days of making a direction or determination under subsection (4) , must give notice of the direction or determination to the planning authority and the person who made the request under subsection (1) to which the direction or determination relates.(6) A period referred to in section 38(2) or (3) does not run in relation to a request under section 37(1) by a person while the Commission is determining a request under subsection (1) by the person.
40B. Review of refusal of request to amend LPS
[Section 40B Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) A person, within 14 days of receiving a notice under section 38(3) that the planning authority has decided not to prepare a draft amendment of an LPS in accordance with the person's request, may request the Commission to determine whether the Commission is satisfied that the planning authority took into account, in making its decision, the matters referred to in section 38(1) .(2) The Commission may, if it receives a request under subsection (1) in relation to a decision of a planning authority, by notice in writing to a planning authority, request the planning authority to provide it with any material relevant to the decision.(3) A planning authority, within 7 days of receiving a request under subsection (2) , must provide to the Commission the material requested.Penalty: Fine not exceeding 100 penalty units.(4) The Commission, within 28 days after receiving from a planning authority the material requested under subsection (2) or a longer period allowed by the Minister, must –(a) direct the planning authority to reconsider whether to prepare a draft amendment of an LPS in relation to a request under section 37(1) ; or(b) determine that, in the opinion of the Commission, the planning authority, in making its decision in relation to a request under section 37(1) , took into account the matters referred to in section 38(1) .(5) The Commission, within 7 days of making a direction or determination under subsection (4) , must give notice of the decision to the planning authority and the person who made the request under subsection (1) to which the direction or determination relates.(6) A planning authority that is given notice under subsection (5) of a decision under subsection (4) to direct the planning authority to reconsider whether to prepare a draft amendment of an LPS –(a) must reconsider whether to prepare a draft amendment of the LPS; and(b) within 7 days of making a decision whether to prepare a draft amendment of an LPS, must notify of its decision the person who made the request under subsection (1) to which the decision relates.(7) A period referred to in section 38(2) or (3) or section 40D(a) does not run in relation to an application under section 37 while the Commission is determining a request under subsection (1) .
Division 3 - Amendment of LPSs[Division 3 of Part 3B Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
Subdivision 1 - Preparation of draft amendments of LPSs[Subdivision 1 of Division 3 of Part 3B Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
40C. Direction to prepare draft amendments of LPS
[Section 40C Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Minister, by notice in writing to a planning authority in respect of a municipal area, may direct the authority to prepare under section 40D a draft amendment of an LPS that applies to the area, for any one or more of the following purposes:(a) to ensure that the LPS will comply with, or be consistent with, the SPPs;(b) [Section 40C Subsection (1) amended by No. 36 of 2018, s. 21, Applied:17 Dec 2018] to ensure that the LPS is, as far as practicable, consistent with the applicable regional land use strategy;(c) to ensure the satisfactory application of a State Policy;(d) to ensure that the LPS is in accordance with a direction of the Minister under this Act;(e) on the advice of the Commission, any other purpose the Minister thinks fit.(2) A direction to a planning authority under subsection (1) requiring the planning authority to prepare a draft amendment of an LPS may require that the draft amendment of an LPS so prepared be provided to the Commission by a date, specified in the direction, that is not less than 42 days after the date on which the direction is given.(3) The Minister must give notice, in a newspaper published in, and circulating generally in, Tasmania, of a direction given under subsection (1) .
40D. Preparation of draft amendments
[Section 40D Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015] A planning authority –(a) must prepare a draft amendment of an LPS, and certify it under section 40F , within 42 days after receiving the request under section 37(1) to which the amendment relates, if –(i) it decides under section 38(2) to prepare a draft amendment of an LPS; or(ii) after reconsidering, in accordance with a direction under section 40B(4)(a) , a request under section 37(1) whether to prepare a draft amendment of an LPS, it decides to prepare such an amendment; or(b) may, of its own motion, prepare a draft amendment of an LPS; or(c) must, if it receives under section 40C(1) a direction to do so, prepare a draft amendment of an LPS and submit it to the Commission within the period specified in the direction or a longer period allowed by the Commission.
40E. Withdrawal of draft amendments
[Section 40E Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) A planning authority may at any time decide to withdraw a draft amendment of an LPS –(a) with the agreement of the person who requested under section 37(1) that the draft amendment be prepared; or(b) that it has prepared of its own motion under section 40D(b) .(2) The withdrawal of a draft amendment of an LPS comes into effect 7 days after the date on which the planning authority decides to withdraw the amendment.(3) A planning authority that withdraws a draft amendment of an LPS is to –(a) notify the Commission of the withdrawal of the draft amendment; and(b) give notice, in a newspaper published in Tasmania and circulating generally in the area to which the draft amendment relates, that the draft amendment has been withdrawn and of the date on which the withdrawal takes effect.
40F. Certification of draft amendments
[Section 40F Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) A planning authority that has prepared a draft amendment of an LPS must consider whether it is satisfied that the draft amendment of an LPS meets the LPS criteria.(2) If a planning authority determines that –(a) it is satisfied as to the matters referred to in subsection (1) , the planning authority must certify the draft as meeting the requirements of this Act; or(b) it is not satisfied as to the matters referred to in subsection (1) , the planning authority must modify the draft so that it meets the requirements and then certify the draft as meeting those requirements.(3) The certification of a draft amendment of an LPS under subsection (2) is to be by instrument in writing affixed with the common seal of the planning authority.(4) A planning authority, within 7 days of certifying a draft amendment of an LPS under subsection (2) , must provide to the Commission a copy of the draft and the certificate.
40FA. Notice to certain agencies and State authorities
[Section 40FA Inserted by No. 36 of 2018, s. 22, Applied:17 Dec 2018](1) A planning authority, before exhibiting a draft amendment of an LPS under section 40H , is to notify –of the date on which the exhibition period in relation to the draft amendment of the LPS is to begin.(a) the relevant agencies; and(b) those State Service Agencies, or State authorities, that the planning authority considers may have an interest in the draft amendment of the LPS –(2) Subsection (1) does not apply in relation to a draft amendment of an LPS to which a notice under section 40I(1) relates.
Subdivision 2 - Public exhibition[Subdivision 2 of Division 3 of Part 3B Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
[Section 40G Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) [Section 40G Subsection (1) amended by No. 7 of 2021, s. 18, Applied:14 Jul 2021] A planning authority, as soon as practicable after providing to the Commission under section 40F(4) a copy of a draft amendment of an LPS or receiving under section 35KB(4)(b)(i) a notice in relation to a draft amendment of an LPS, must ensure an exhibition notice in relation to the draft amendment of an LPS is published in accordance with this section, unless the planning authority receives a notice under section 40I(1) in relation to the draft amendment.(2) The exhibition notice is to be published once before, and once within 14 days after, the first day of the exhibition period, in a newspaper that is published in Tasmania and circulates generally in the area to which the draft amendment of an LPS relates.(3) The exhibition notice is to –(a) specify the period that is to be the exhibition period in relation to the draft amendment of the LPS; and(b) specify that the draft amendment of the LPS is or will be –(i) available for viewing by the public, during the exhibition period, at premises, that are offices of the planning authority, specified in the notice; and(ii) available for viewing and downloading by the public, during the exhibition period, at an electronic address specified in the exhibition notice; and(c) contain an invitation to all persons and bodies to, within the exhibition period, make to the planning authority a representation in relation to the draft amendment of the LPS by submitting the representation to –(i) the premises specified in the notice in accordance with paragraph (b)(i) ; or(ii) an electronic address specified in the notice.(4) The exhibition period, in relation to a draft amendment of an LPS, is to be a period of 28 days –(a) beginning on the day on which the draft amendment of the LPS begins to be available for viewing by the public at exhibition premises in accordance with section 40H ; and(b) excluding any days on which the exhibition premises are closed during normal business hours.
[Section 40H Amended by No. 7 of 2021, s. 19, Applied:14 Jul 2021] [Section 40H Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015] A planning authority, as soon as practicable after providing to the Commission under section 40F(4) a copy of a draft amendment of an LPS or receiving under section 35KB(4)(b)(i) a notice in relation to a draft amendment of an LPS, must ensure that a copy of the draft amendment of the LPS is, for a period of 28 days –(a) available for viewing by the public at the exhibition premises; and(b) available for viewing and downloading by the public at the electronic address specified, in accordance with section 40G(3)(b)(ii) , in the exhibition notice.
40I. Exemption from public exhibition
[Section 40I Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Commission, by notice in writing to a planning authority, may dispense with the requirements of sections 40G , 40H , 40J , 40K , 40L , 40M , 40N , 40O and 40P in relation to a draft amendment of an LPS that has been provided to the Commission under section 40F(4) .(2) The Commission may only issue a notice under subsection (1) in relation to a draft amendment of an LPS ifthe Commission is satisfied that –and if it is satisfied that the public interest will not be prejudiced by the draft amendment not being publicly exhibited.(a) an amendment of the LPS in the form of the draft amendment of the LPS is urgently required and the Minister has approved the issuing of the notice on this ground; or(b) the draft amendment is for one or more of the following purposes:(i) correcting an error in the LPS;(ii) removing an anomaly in the LPS;(iii) clarifying or simplifying the LPS;(iv) removing an inconsistency in the LPS;(v) removing an inconsistency between the LPS and this Act or any other Act;(vi) removing an inconsistency between the LPS and the SPPs;(vii) making a change to a procedure set out in the LPS;(viii) bringing the LPS into conformity with a State Policy;(ix) changing the structure of the provisions of the LPS, or the form of a provision of an LPS, so that the LPS conforms with the structure to which an LPS is required by the SPPs to conform or the form that a provision of an LPS is to take;(x) a prescribed purpose –(3) If the Commission issues a notice under subsection (1) in relation to a draft amendment of an LPS that has been provided to the Commission under section 40F(4) , sections 40G , 40H , 40J , 40K , 40L , 40M , 40N , 40O and 40P do not apply in relation to the draft amendment of an LPS.
[Section 40J Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) [Section 40J Subsection (1) amended by No. 36 of 2018, s. 23, Applied:17 Dec 2018] A person or body may make to a planning authority a representation in relation to the relevant exhibition documents (apart from the documents referred to in paragraph (b) of the definition of relevant exhibition documents in section 31 ) that is made available by the planning authority for viewing by the public at exhibition premises in accordance with section 40H(a) .(2) A representation in relation to a draft amendment of an LPS –(a) is to be made under subsection (1) within the exhibition period in relation to the draft amendment of an LPS; and(b) must be made by submitting the representation to the premises, or to the electronic address, that are specified, in accordance with section 40G(3)(b) , in the exhibition notice in relation to the draft amendment of an LPS.(3) Without limiting the generality of subsection (1) , a person or body may make a representation in relation to a draft amendment of an LPS as to whether –(a) a provision of the draft amendment of an LPS is inconsistent with the SPPs; or(b) a provision of the draft amendment of an LPS should, or should not, apply a provision of the SPPs to an area of land; or(c) the draft amendment of an LPS should, or should not, contain a provision that an LPS is permitted under section 32 to contain.(4) A representation in relation to a draft amendment of an LPS must not be a representation to the effect that the content of a provision of the SPPs should be altered.(5) For the purposes of this Part, any matter, contained in a representation under subsection (1) in relation to a draft amendment of the LPS, that –is not to be taken to be part of the representation.(a) does not relate to the contents or merits of the draft amendment; or(b) is not a matter to which subsection (3) relates; or(c) is a representation to which subsection (4) relates –
40K. Report to Commission about draft amendments
[Section 40K Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) A planning authority, within 35 days after the end of the exhibition period in relation to a draft amendment of an LPS in relation to the municipal area of the planning authority or a longer period allowed by the Commission, must provide to the Commission a report in relation to the draft amendment of an LPS.(2) The report by a planning authority in relation to the draft amendment of an LPS is to contain –(a) a copy of each representation made under section 40J in relation to the draft amendment before the end of the exhibition period in relation to the draft amendment, or, if no such representations were made before the end of the exhibition period, a statement to that effect; and(b) a copy of each representation, made under section 40J in relation to the draft amendment after the end of the exhibition period in relation to the draft amendment, that the planning authority, in its discretion, includes in the report; and(c) a statement of the planning authority's opinion as to the merit of each representation included under paragraph (a) or (b) in the report, including, in particular, as to –(i) whether the planning authority is of the opinion that the draft amendment ought to be modified to take into account the representation; and(ii) the effect on the draft amendment, and the LPS to which it relates, as a whole, of implementing the recommendation; and(d) a statement as to whether it is satisfied that the draft amendment of an LPS meets the LPS criteria; and(e) any recommendations in relation to the draft amendment that the planning authority thinks fit.(3) Without limiting the generality of subsection (2)(e) , the recommendations in relation to a draft amendment of an LPS may include recommendations as to whether –(a) a provision of the draft amendment of an LPS is inconsistent with a provision of the SPPs; or(b) the draft amendment of an LPS should, or should not, apply a provision of the SPPs to an area of land; or(c) the draft amendment of an LPS should, or should not, contain a provision that an LPS is permitted under section 32 to contain.(4) A planning authority must not include in a recommendation in relation to a draft amendment of an LPS a recommendation to the effect that the content of a provision of the SPPs should be altered.
[Section 40L Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Commission, as soon as practicable after receiving under section 40K a report, in relation to a draft amendment of an LPS, that contains a copy of a representation, must hold a hearing in relation to the representation.(2) Subsection (1) does not apply in relation to a representation in relation to a draft amendment of an LPS if the Commission decides to dispense with the hearing in relation to the representation because –(a) the Commission is satisfied that all the representations received by the planning authority are in support of the draft amendment; or(b) the person or body who or that made the representation has notified the Commission in writing that he, she or it does not wish to be heard at such a hearing; or(c) the Commission is satisfied that –and that the public interest would not be prejudiced by the draft amendment not being publicly exhibited.(i) the draft amendment is urgently required and the Minister has agreed that a hearing should be dispensed with in relation to the representation; or(ii) the draft amendment is for a purpose referred to in section 40I(2)(b) –(3) The Commission must give at least 14 days' notice, as prescribed, of a hearing to be held under subsection (1) .(4) The Commission may consolidate any of the representations and hold a hearing in relation to the consolidated representations.(5) The Commission may hold together hearings that relate to amendments to different LPSs.(6) The Commission is not to consider, in a hearing in relation to a draft amendment of an LPS, a matter that, if it were included in a representation, would, in accordance with section 40J(5) , not be taken to be part of the representation.
Subdivision 3 - Approval of amendments of LPS[Subdivision 3 of Division 3 of Part 3B Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
40M. Matters to be considered by Commission
[Section 40M Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) As soon as practicable after receiving a report under section 40K in relation to a draft amendment of an LPS and holding any hearings under section 40L , the Commission must consider –(a) the report and the draft amendment of an LPS to which it relates; and(b) the information obtained at the hearings; and(c) whether it is satisfied that the draft amendment of an LPS meets the LPS criteria; and(d) whether modifications ought to be made to the draft amendment of an LPS.(2) The Commission, after receiving a report under section 40K in relation to a draft amendment of an LPS and holding any hearings under section 40L , may consider whether there are any matters that relate to issues of a technical nature or that may be relevant to the implementation of an amendment of the LPS if the amendment of the LPS were approved under section 40Q in the terms of the draft amendment of an LPS.
40N. Action to be taken by Commission after considering report
[Section 40N Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Commission, after complying with section 40M in relation to a draft amendment of an LPS in relation to the municipal area of a planning authority, may –(a) by notice to the planning authority, direct the planning authority to modify the draft amendment in the manner specified in the notice; or(b) modify the draft amendment itself and notify the planning authority of the Commission's modification; or(c) by notice to the planning authority, reject the draft amendment of the LPS and direct the planning authority to –(i) submit to the Commission a substitute draft amendment of an LPS within the period specified in the direction; or(ii) substantially modify a part of the draft amendment of the LPS and submit to the Commission the part of the draft amendment of the LPS, as so modified, within 28 days or a longer period allowed by the Commission; or(d) substantially modify the draft amendment itself and notify the planning authority of the Commission's modification; or(e) reject the draft amendment and notify the planning authority of the rejection.(2) The Commission may, if it is not satisfied with a modified draft amendment of an LPS submitted to the Commission under section 40O(1) , issue a further notice under subsection (1) in relation to the draft amendment of an LPS to which the modifications relate.
40O. Modifications of draft amendments
[Section 40O Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) A planning authority to which a notice is given under section 40N(1)(a) must submit to the Commission a draft amendment of an LPS, modified as required by the notice, within 28 days or a longer period allowed by the Commission.(2) If a notice is given under section 40N(1)(a) in relation to a draft amendment of an LPS, the period referred to in section 40Q(2) does not run in relation to the draft amendment until the period by which the planning authority must submit to the Commission a modified draft amendment of the LPS has expired.
40P. Substantial modification of draft amendments
[Section 40P Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) A planning authority to which a notice is given under section 40N(1)(c) must, within 28 days or a longer period allowed by the Commission, submit to the Commission, as the case may be –(a) a draft amendment of an LPS, modified as required by the notice; or(b) a substitute draft amendment of an LPS.(2) If a notice is given under section 40N(1)(c) in relation to a draft amendment of an LPS, the period referred to in section 40Q(2) does not run in relation to the draft amendment, or the substitute draft amendment, until the period by which the planning authority must submit to the Commission the modified draft amendment of the LPS, or the substitute draft amendment of the LPS, has expired.(3) The Commission, after preparing a substantially modified draft amendment of an LPS in accordance with section 40N(1)(d) , or within 28 days after receiving a substitute draft amendment of the LPS, or a modified draft amendment of the LPS, under subsection (1) , must, if satisfied that the draft amendment satisfies the requirements of this Act –(a) certify the draft amendment; and(b) by notice in writing to the planning authority, direct the planning authority to comply with sections 40G and 40H in relation to the draft amendment as if the draft amendment were a draft amendment that had been given to the Commission by the planning authority under section 40F(4) .(4) If a notice is given to a planning authority under subsection (3)(b) in relation to a draft amendment of the LPS –(a) the planning authority is to comply with sections 40G and 40H in relation to the draft amendment of the LPS, and this Division applies in relation to the draft amendment, as if the draft amendment were a draft amendment that had been given to the Commission by the planning authority under section 40F(4) ; and(b) this Division ceases to apply to the original draft amendment of an LPS.
40Q. Approval of amendment of LPS
[Section 40Q Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) If the Commission, after considering in accordance with section 40M a draft amendment of an LPS, including any modifications –is satisfied the draft amendment meets the LPS criteria, it must approve an amendment of an LPS in the terms of the draft amendment, or, if it is not so satisfied, refuse to approve an amendment of the LPS in the terms of the draft amendment.(a) made to it by the Commission in accordance with section 40N(1)(b) ; or(b) made to it by the planning authority in accordance with a direction under section 40N(1)(a) or (c) –(2) An approval under subsection (1) of an amendment of an LPS, or a refusal to make such an approval, must be given within 90 days after the report in relation to the draft amendment to which the approval relates is given to the Commission under section 40K or within a longer period allowed by the Minister.(3) If the Commission has issued a notice under section 40I(1) in relation to a draft amendment of an LPS, the Commission may approve, or refuse to approve, an amendment of an LPS in the terms of the draft amendment.(4) The Commission may, before approving under subsection (1) or (3) an amendment of an LPS in the terms of a draft amendment, modify the draft amendment so as to correct any errors or remove any anomalies in the draft amendment.
40R. How Commission to sign approvals
[Section 40R Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) An approval under section 40Q of an amendment of an LPS must be signed –(a) by the Chairperson of the Commission; or(b) if the Chairperson of the Commission is unavailable or unable to sign the approval – by a person approved under subsection (2) to sign the approval.(2) The Commission may approve a member of the Commission –(a) to sign an approval of a particular amendment of an LPS if the Chairperson is unavailable or unable to sign that approval; or(b) to sign approvals of draft amendments of an LPS during any period in which the Chairperson is unavailable or unable to sign such approvals.
40S. When amendments of LPS come into effect
[Section 40S Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) An amendment of an LPS comes into effect on –(a) a date, after the date on which the approval of the amendment of an LPS is signed in accordance with section 40R , specified in the approval as the date on which the amendment is to come into effect; or(b) if no date is specified in the approval as the date on which the amendment is to come into effect – 7 days after the date on which the approval is signed in accordance with section 40R .(2) The Commission must notify a planning authority of an approval under section 40Q of an amendment of an LPS that applies to the municipal area of the planning authority.(3) A planning authority that is notified under subsection (2) must give the prescribed notice of the approval of an amendment of an LPS to which the notice relates.(4) The failure to comply with a provision of this Part within the period referred to in the provision does not invalidate an approval under section 40Q of an amendment of an LPS.
Division 4 - Combined permit and amendment process[Division 4 of Part 3B Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
40T. Permit application that requires amendment of LPS
[Section 40T Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) A person who requests a planning authority under section 37 to amend an LPS may also, under this subsection –(a) make an application to the planning authority for a permit, which permit could not be issued unless the LPS were amended as requested; and(b) request the planning authority to consider the request to amend the LPS and the application for a permit at the same time.(2) An application for a permit under subsection (1) is to be in a form, if any, approved by the Commission.(3) A planning authority must not refuse to accept a valid application for a permit, unless the application does not include a declaration that the applicant has –(a) notified the owner of the intention to make the application; or(b) obtained the written permission of the owner under subsection (6) .(4) For the purposes of subsection (3) , a valid application is an application that contains all relevant information required by the planning scheme applying to the land that is the subject of the application.(5) If –a person may, in the one application under subsection (1) , apply to the planning authority for a permit with respect to the undertaking.(a) an undertaking is in respect of a combination of uses or developments or of one or more uses and one or more developments; and(b) under a planning scheme any of those uses or developments requires a permit to be granted –(6) An application for a permit under subsection (1) by a person to a planning authority to amend the zoning or use or development of one or more parcels of land specified in an LPS must, if the person is not the owner, or the sole owner, of the land and the relevant planning scheme does not provide otherwise –(a) be signed by each owner of the land; or(b) be accompanied by the written permission of each owner of the land to the making of the request.(7) Subsection (6) does not apply to an application for a permit to carry out mining operations, within the meaning of the Mineral Resources Development Act 1995 , if a mining lease or a production licence which authorises those operations has been issued under that Act.
[Section 40U Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) A planning authority, within 28 days from the day on which it receives from a person an application under section 40T(1) for a permit, may, by notice in writing served on the person, require the person to provide to the planning authority additional information before it considers the application.(2) A period referred to in section 38(2) or (3) or section 40D(a) does not run, in relation to a request under section 37 to which an application under section 40T(1) relates, while additional information that the planning authority has required the person to provide has not, in the opinion of the planning authority, been provided to the planning authority.(3) If additional information is not provided, in accordance with a request under subsection (1) , within 5 years after the request is made and the request is not revoked in accordance with a direction under section 40V(4) , the application under section 40T(1) for a permit, to which the request relates, lapses.
40V. Review of requirement for additional information
[Section 40V Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) A person, within 14 days after being served a notice under section 40U(1) containing a requirement that the person provide additional information, may request the Commission to consider whether the planning authority ought to have imposed the requirement.(2) The Commission, after receiving a request under subsection (1) in relation to a planning authority, may, by notice to the planning authority, require the planning authority to provide to the Commission any material, relevant to the request, that was in the possession of the planning authority before the day on which the Commission issued the notice.(3) A planning authority, within 7 days of receiving notice of a requirement under subsection (2) , must comply with the requirement.Penalty: Fine not exceeding 100 penalty units.(4) The Commission, within 28 days after receiving from a person a request under subsection (1) in relation to a requirement of a planning authority imposed by a notice under section 40T(1) , or a longer period allowed by the Minister, must –(a) direct the planning authority –(i) to revoke the notice under section 40T(1) imposing the requirement; or(ii) to issue a new notice under section 40T(1) imposing a requirement that the person provide additional information specified in the notice from the Commission; or(b) determine that the Commission is satisfied that the requirement was appropriate.(5) The Commission, within 7 days of making a direction or determination under subsection (4) , must give notice of the direction or determination to the planning authority and the person who made the request under subsection (1) to which the direction or determination relates.(6) The period referred to in section 38(2) or (3) or section 40D(a) does not run in relation to a request under section 37(1) by a person while the Commission is determining a request under subsection (1) by the person.
40W. Determination of amendment where concurrent permit application sought
[Section 40W Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) A planning authority to which a request is made under section 40T(1) may agree, or refuse to agree, to the request.(2) A planning authority must notify a person who has made a request under section 40T(1) of its decision under subsection (1) in relation to the request.(3) If the planning authority agrees to a request under section 40T(1) , Division 3 , apart from section 40I , applies in relation to the application for an amendment of the LPS to which the request relates.
40X. Permit application may be considered concurrently with application for LPS amendment
[Section 40X Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015] A planning authority that has –may consider the application under section 40T(1) for a permit at the same time as it prepares the draft amendment of an LPS.(a) decided under section 40W(1) to agree to a request under section 40T(1) ; and(b) decided under section 40D to prepare a draft amendment of an LPS to which a request under section 40T(1) relates –
40Y. Determination of concurrent permit application
[Section 40Y Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) A planning authority that agrees to a request under section 40T(1) must determine under subsection (2) the application under section 40T(1) for a permit that accompanies the request, before it complies with section 40G in relation to the draft amendment of an LPS to which the request relates.(2) A planning authority that agrees to a request under section 40T(1) must determine the application under section 40T(1) for a permit that accompanies the request by –(a) granting the permit unconditionally or subject to the conditions or restrictions that the planning authority thinks fit and imposes on the permit; or(b) refusing to grant the permit.(3) A planning authority, in determining under subsection (2) an application for a permit under section 40T(1) –(a) must seek to further the objectives set out in Schedule 1 ; and(b) must take into consideration any matters prescribed for the purposes of this section that are relevant to the application.(4) The determination by a planning authority under subsection (2) of an application under section 40T(1) for a permit is to be made by reference to the provision of the planning scheme as in force at the date of the decision, as if the scheme had been amended in accordance with the draft amendment of the LPS, to which the application for the permit relates, that the planning authority has decided under section 40D to prepare.(5) Sections 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 and 59 do not apply in relation to an application under section 40T(1) for a permit.(6) A planning authority, within 7 days of determining under subsection (2) an application under section 40T(1) for a permit, must provide to the Commission –(a) a copy of the application and any documentation submitted with the application; and(b) a copy of the planning authority's decision and a copy of any permit granted under the decision.
40Z. Exhibition in respect of permit application
[Section 40Z Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) In this section –relevant permit material, in relation to a request under section 40T(1) , means –(a) a copy of the application under section 40T(1) for a permit that accompanies the request; and(b) any documentation submitted to the planning authority with the application for a permit; and(c) a copy of the planning authority's decision under section 40Y(2) in relation to the application for a permit and a copy of any permit granted under the decision.(2) A planning authority that published an exhibition notice under section 40G in relation to a draft amendment of an LPS prepared pursuant to the request under section 40T(1) must include in the notice a statement that the relevant permit material in relation to the request under section 40T(1) is –(a) available for viewing by the public at the exhibition premises in relation to the draft amendment of an LPS; and(b) available for viewing and downloading at the electronic address specified in the exhibition notice in accordance with section 40H .(3) A planning authority that makes available for viewing by the public under section 40H a draft amendment of an LPS pursuant to a request under section 40T(1) must cause a copy of the relevant permit material to be, during the exhibition period in relation to the draft amendment of an LPS –(a) available for viewing by the public at the exhibition premises in relation to the draft amendment of an LPS; and(b) available for viewing and downloading at the electronic address specified, in accordance with section 40H , in the exhibition notice in relation to the draft amendment of an LPS.
[Section 41 Amended by No. 104 of 1995, s. 13 ][Section 41 Amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 41 Amended by No. 49 of 2001, s. 18, Applied:16 Jul 2001] [Section 41 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) A person or body may make a representation to the planning authority in relation to the decision under section 40Y(2) in relation to an application for a permit under section 40T(1) .(2) A representation in relation to a decision under section 40Y(2) in relation to an application for a permit under section 40T(1) that relates to a draft amendment of an LPS –(a) is to be made under subsection (1) before the end of the exhibition period in relation to the draft amendment of an LPS; and(b) is to be made by submitting a copy of the representation to the premises, or to the electronic address, that are specified, in accordance with section 40G(3)(b) , in the exhibition notice in relation to the draft amendment of an LPS.(3) If an application for a permit under section 40T(1) has been referred to the Board of the Environment Protection Authority under section 24 or 25 of the Environmental Management and Pollution Control Act 1994 , the planning authority, before 7 days after the end of the exhibition period in relation to the request for an amendment of an LPS to which the application for a permit relates, must provide to the Board copies of the representation received under subsection (1) .(4) The Board of the Environment Protection Authority must, within 28 days of receiving under subsection (3) representations, provide a report to the Commission containing –(a) a statement of its opinion as to the merit of each representation, including, in particular, its views as to the need, in light of that representation, for modification of the planning authority's decision in relation to the application for a permit; and(b) the recommendations, in respect of the decision in relation to the application for a permit, that the Board thinks fit.
42. Report in relation to draft amendment of LPS to contain representations
[Section 42 Subsection (1) amended by No. 84 of 1997, s. 13, Applied:01 Jan 1998] [Section 42 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 42 Subsection (2) amended by No. 84 of 1997, s. 13, Applied:01 Jan 1998] [Section 42 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 42 Subsection (3) amended by No. 84 of 1997, s. 13, Applied:01 Jan 1998] [Section 42 Subsection (3) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 42 Subsection (3) amended by No. 49 of 2001, s. 20, Applied:16 Jul 2001] [Section 42 Subsection (3) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 42 Subsection (3) amended by No. 17 of 1996, Applied:19 May 1998] [Section 42 Subsection (3A) inserted by No. 49 of 2001, s. 20, Applied:16 Jul 2001] [Section 42 Subsection (4) amended by No. 84 of 1997, s. 13, Applied:01 Jan 1998] [Section 42 Subsection (4) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 42 Subsection (4) inserted by No. 6 of 1995, s. 7 ][Section 42 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] When a planning authority provides to the Commission under section 40K a report in relation to an application for an amendment of an LPS to which a request under section 40T(1) relates, the planning authority must also provide to the Commission –(a) a copy of each representation made under section 41(1) in relation to –or, if no representations have been made, a statement to that effect; and(i) the application for a permit to which the request relates; or(ii) the decision in relation to the application –(b) a statement of its opinion as to the merit of each representation including, in particular, its views as to the need, in light of that representation, for modification of the planning authority's decision in relation to the application for a permit; and(c) the recommendations, in respect of the decision in relation to the application for a permit, that the planning authority thinks fit.
42A. Consideration by Commission of permit application
[Section 42A Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Commission must, at the same time as it considers under section 40M a draft amendment of an LPS to which a request under section 40T(1) relates, consider the representations, statements and recommendations provided to the Commission under section 42 in relation to the application under section 40T(1) for a permit that accompanies the request.(2) Section 42 applies to representations, statements and recommendations referred to in subsection (1) as if they were representations, statements and recommendations referred to in that section.
42B. Commission to review planning authority's decision about permit
[Section 42B Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) The Commission must, at the same time as it makes a decision under section 40Q in relation to a draft amendment of an LPS to which a request under section 40T(1) relates –(a) confirm the decision of the planning authority under section 40Y in relation to the application for a permit to which the request relates; or(b) if the decision in relation to the application for a permit to which the request relates was to grant a permit –(i) refuse the permit; or(ii) modify or delete a condition or restriction attached to the permit or add new conditions or restrictions to the permit; or(c) if the decision in relation to the application for a permit to which the request relates was to refuse to grant a permit – grant a permit subject to the conditions or restrictions that the Commission thinks fit; or(d) if the Commission decides under section 40Q to refuse to approve the draft amendment of an LPS – refuse the permit.(2) If the Commission decides under section 40Q to approve a draft amendment of an LPS to which a request under section 40T(1) relates, the decision by the Commission under subsection (1) in relation to an application under section 40T(1) for a permit is to be made by reference to the provision of the planning scheme as in force at the date of the decision, as if the scheme had been amended in accordance with the draft amendment of the LPS.(3) If the Commission decides under section 40Q not to approve a draft amendment of an LPS to which a request under section 40T(1) relates, the decision by the Commission under subsection (1) in relation to an application under section 40T(1) for a permit is to be made by reference to the provision of the planning scheme as in force at the date of the decision.(4) The Commission must give notice in writing, of a decision under subsection (1) in relation to an application under section 40T(1) , to –(a) the planning authority to which the application was made; and(b) the applicant; and(c) each person or body who or that made a representation under section 41(1) in relation to the permit to which the application relates; and(d) the Board of the Environment Protection Authority, if the permit application has been referred to the Board under section 24 or 25 of the Environmental Management and Pollution Control Act 1994 .
42C. When permit that relates to LPS amendment takes effect
[Section 42C Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) If the Commission, under section 42B(1) , grants a permit, or confirms a decision of a planning authority to grant a permit, the permit takes effect on whichever is the latest of the following dates:(a) the date on which the Commission decides under section 40Q to approve the draft amendment of an LPS to which the permit relates;(b) a date specified in the permit;(c) if any other approvals under this Act or another Act are required for the proposed use or development to which the permit relates – the date on which all those approvals have been obtained;(d) if under the permit an agreement is required to be entered into – the date on which the agreement is executed.(2) A permit in relation to a use or development in respect of which a permit referred to in subsection (1) is granted lapses if the use or development is not substantially commenced before the end of the period of –(a) 2 years after the date on which the permit is granted; or(b) 4 years after the date on which the permit is granted, if the planning authority has granted an extension under subsection (4) ; or(c) 6 years after the date on which the permit is granted, if the planning authority has granted a final extension under subsection (5) .(3) A person may apply to a planning authority for an extension, or a final extension, under subsection (4) or (5) at any time before the end of the period of 6 months from the day on which the permit has lapsed.(4) If the use or development in respect of which a permit was granted is not, or is unlikely to be, substantially commenced before the permit would otherwise lapse under subsection (2)(a) , the planning authority may grant, once only, an extension of the period during which that use or development must be substantially commenced.(5) If the use or development in respect of which a permit was granted is not, or is unlikely to be, substantially commenced before the permit would otherwise lapse under subsection (2)(b) , the planning authority may grant, once only, a final extension of the period during which that use or development must be substantially commenced.(6) In determining whether to grant an extension, or a final extension, of the period of a permit under subsection (4) or (5) , the planning authority may consider any matter it thinks fit, including whether the SPPs or an LPS has been amended since the permit was issued.(7) If an application is made under subsection (3) , for an extension, or a final extension, under subsection (4) or (5) of a permit, within the end of the period of 6 months from the day on which the permit has lapsed and the period of a permit is extended under subsection (4) or (5) , the permit is to be taken to not have lapsed on that day.
42D. Correction of mistakes in permit
[Section 42D Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015] A planning authority or the Commission may correct a permit to which a decision under section 42B(1) relates if the permit contains –(a) a clerical mistake or an accidental omission; or(b) an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in the permit.
[Section 43 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 43 Subsection (1) amended by No. 24 of 2014, s. 33, Applied:01 Jan 2015] [Section 43 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 43 Subsection (1) amended by No. 24 of 2014, s. 33, Applied:01 Jan 2015] [Section 43 Subsection (2) amended by No. 84 of 1997, s. 14, Applied:01 Jan 1998] [Section 43 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 43 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) An owner of land, or a person with the consent of an owner of land, may request a planning authority to amend a permit, to which a decision under section 42B(1) relates, that applies to the land.(2) The planning authority, on receiving a request under subsection (1) in relation to a permit to which a decision under section 42B(1) relates, may amend or refuse to amend the permit.(3) The planning authority may only amend under subsection (2) a permit to which a decision under section 42B(1) relates if it is satisfied that the amendment –(a) is not an amendment of a condition or restriction, specified in the permit, that is required, imposed or amended by the Commission or the Appeal Tribunal; and(b) does not change the effect of a condition or restriction, specified in the permit, that is required, imposed or amended by the Commission or the Appeal Tribunal; and(c) will not cause an increase in detriment to any person; and(d) does not change the use or development for which the permit was granted, other than a minor change to the description of the use or development.(4) An amendment of a condition or restriction specified in a permit is not to be taken to contravene subsection (3)(b) by reason only that other conditions or restrictions have been specified in the permit, or amended, by the Commission or the Appeal Tribunal.(5) A condition or restriction (the fresh condition or restriction) specified by the Commission or the Appeal Tribunal in a permit is not to be taken, for the purposes of this section, to be required or imposed by the Commission, or the Appeal Tribunal, if –(a) the fresh condition or restriction is to the same effect as a condition or restriction that was specified in the permit by the planning authority before the Commission or the Appeal Tribunal specified the fresh condition or restriction in the permit; and(b) the fresh condition or restriction is not referred to in the decision, in relation to the permit, of –(i) [Section 43 Subsection (5) amended by No. 18 of 2021, s. 225, Applied:05 Nov 2021] the Appeal Tribunal made under section 78 of the Tasmanian Civil and Administrative Tribunal Act 2020 ; or(ii) the Commission under section 42B .(6) If the planning authority amends under subsection (2) a permit, it must, by notice in writing served on the following persons, notify them of the amendment:(a) the applicant for the amendment;(b) if the applicant is not the owner of the land to which the permit relates – the owner of the land;(c) any person or body who or that made a representation under section 41(1) in relation to the application for the permit under section 40T(1) ;(d) the owner or occupier of any property which adjoins the land to which the permit relates.(7) If the planning authority amends under subsection (2) a permit that contains a condition or restriction that the Board of the Environment Protection Authority has required under section 25(5) of the Environmental Management and Pollution Control Act 1994 , the planning authority must, by notice in writing served on the Board, notify it of the amendment.(8) Section 56A applies to an amendment of a permit under subsection (2) .(9) If the planning authority amends a permit in respect of which the Commission has modified, deleted or added conditions or restrictions under section 42B(1)(b) , the planning authority must, by notice in writing served on the Commission, notify it of the amendments made to the permit.(10) If the planning authority amends under subsection (2) a permit containing a condition or restriction which the Heritage Council has specified under section 39(6) of the Historic Cultural Heritage Act 1995 , the planning authority must, by notice in writing served on the Heritage Council, notify the Council of the amendment.
Division 5 - Miscellaneous[Division 5 of Part 3B Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
44. Commission may take over responsibilities of planning authority
[Section 44 Substituted by No. 26 of 2007, s. 14, Applied:01 Aug 2007] [Section 44 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015](1) If a planning authority fails to comply with a provision of Division 2 or 3 within the period referred to in that provision –(a) the Commission may assume the responsibilities and obligations of the authority under that Division in relation to the preparation and certification of a draft amendment; and(b) the planning authority must pay to the Commission all costs incurred by the Commission in assuming the responsibilities and obligations of the authority in relation to the preparation and certification of the draft amendment.(2) The failure to comply with a provision of Division 2 or 3 within the period referred to in the provision does not invalidate an amendment of an LPS approved by the Commission under Division 3 .(3) If a planning authority fails, in relation to a request for an amendment of an LPS that is made under section 40T(1) , to comply with a provision of Division 3 or section 40Y within the period referred to in that provision –(a) the Commission may assume the responsibilities and obligations of the authority under that provision in relation to the preparation of the amendment of the LPS and the decision in relation to the application for a permit that accompanied that request; and(b) the planning authority must pay to the Commission all costs incurred by the Commission in assuming those responsibilities and obligations.(4) The failure to comply with a provision of Division 3 or section 40Y within the period referred to in the provision does not invalidate an amendment of an LPS approved by the Commission under that Division or a decision under this Division in relation to an application under section 40T(1) for a permit.
45. Abolition of, or change of boundaries of, municipal area
[Section 45 Substituted by No. 104 of 1995, s. 15 ][Section 45 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] If a municipal area is abolished or a boundary of a municipal area is changed, the Commission may, by notice published in the Gazette, designate the planning authority that is to have jurisdiction over a planning scheme or a part of a planning scheme.[Section 19A Inserted by No. 84 of 1997, s. 5, Applied:01 Jan 1998] [Section 19A Repealed by No. 49 of 2001, s. 7, Applied:16 Jul 2001] [Section 19A Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 28AA Inserted by No. 104 of 1995, s. 8 ][Section 28AA Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 28AA Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 28A Inserted by No. 6 of 1995, s. 5 ][Section 28A Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 28A Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 28B Inserted by No. 6 of 1995, s. 5 ][Section 28B Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 28C Inserted by No. 6 of 1995, s. 5 ][Section 28C Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 28C Subsection (2) amended by No. 49 of 2001, s. 13, Applied:16 Jul 2001] [Section 28C Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 28C Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 28D Inserted by No. 6 of 1995, s. 5 ][Section 28D Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 28D Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 28E Inserted by No. 6 of 1995, s. 5 ][Section 28E Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 28E Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 28F Inserted by No. 6 of 1995, s. 5 ][Section 28F Amended by No. 104 of 1995, s. 35 and Sched. 1 ][Section 28F Amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 28F Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . .
Division 1A - . . . . . . . .[Division 1A of Part 3 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
Subdivision 1 - [Subdivision 1 of Division 1A of Part 3 Heading inserted by No. 59 of 2013, s. 14, Applied:03 Jul 2014] - . . . . . . . .[Subdivision 1 of Division 1A of Part 3 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
Subdivision 2 - [Subdivision 2 of Division 1A of Part 3 Heading inserted by No. 59 of 2013, s. 16, Applied:03 Jul 2014] - . . . . . . . .[Subdivision 2 of Division 1A of Part 3 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
Subdivision 3 - [Subdivision 3 of Division 1A of Part 3 Heading inserted by No. 59 of 2013, s. 17, Applied:03 Jul 2014] - . . . . . . . .[Subdivision 3 of Division 1A of Part 3 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] [Section 30EA Inserted by No. 19 of 2012, s. 10, Applied:03 Jul 2012] [Section 30EA Subsection (1) amended by No. 24 of 2014, s. 15, Applied:01 Jan 2015] [Section 30EA Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 30FA Inserted by No. 49 of 2012, s. 5, Applied:06 Dec 2012] [Section 30FA Subsection (3) amended by No. 24 of 2014, s. 17, Applied:01 Jan 2015] [Section 30FA Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 30IA Inserted by No. 19 of 2012, s. 12, Applied:03 Jul 2012] [Section 30IA Subsection (1) amended by No. 24 of 2014, s. 20, Applied:01 Jan 2015] [Section 30IA Subsection (6) amended by No. 59 of 2013, s. 18, Applied:03 Jul 2014] [Section 30IA Subsection (6) amended by No. 24 of 2014, s. 20, Applied:01 Jan 2015] [Section 30IA Subsection (6) amended by No. 59 of 2013, s. 18, Applied:03 Jul 2014] [Section 30IA Subsection (6) amended by No. 24 of 2014, s. 20, Applied:01 Jan 2015] [Section 30IA Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . .
Subdivision 4 - . . . . . . . .[Subdivision 4 of Division 1A of Part 3 Inserted by No. 59 of 2013, s. 19, Applied:03 Jul 2014] [Subdivision 4 of Division 1A of Part 3 Repealed by No. 24 of 2014, s. 25, Applied:01 Jan 2015] [Subdivision 4 of Division 1A of Part 3 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] [Section 30U Inserted by No. 59 of 2013, s. 19, Applied:03 Jul 2014] [Section 30U Repealed by No. 24 of 2014, s. 25, Applied:01 Jan 2015] [Section 30U Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 30V Inserted by No. 59 of 2013, s. 19, Applied:03 Jul 2014] [Section 30V Repealed by No. 24 of 2014, s. 25, Applied:01 Jan 2015] [Section 30V Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 30W Inserted by No. 59 of 2013, s. 19, Applied:03 Jul 2014] [Section 30W Repealed by No. 24 of 2014, s. 25, Applied:01 Jan 2015] [Section 30W Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 30X Inserted by No. 59 of 2013, s. 19, Applied:03 Jul 2014] [Section 30X Repealed by No. 24 of 2014, s. 25, Applied:01 Jan 2015] [Section 30X Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 30Y Inserted by No. 59 of 2013, s. 19, Applied:03 Jul 2014] [Section 30Y Repealed by No. 24 of 2014, s. 25, Applied:01 Jan 2015] [Section 30Y Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 30Z Inserted by No. 59 of 2013, s. 19, Applied:03 Jul 2014] [Section 30Z Repealed by No. 24 of 2014, s. 25, Applied:01 Jan 2015] [Section 30Z Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 30ZA Inserted by No. 59 of 2013, s. 19, Applied:03 Jul 2014] [Section 30ZA Repealed by No. 24 of 2014, s. 25, Applied:01 Jan 2015] [Section 30ZA Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 30ZB Inserted by No. 59 of 2013, s. 19, Applied:03 Jul 2014] [Section 30ZB Repealed by No. 24 of 2014, s. 25, Applied:01 Jan 2015] [Section 30ZB Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 33A Inserted by No. 24 of 2014, s. 28, Applied:01 Jan 2015] [Section 33A Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 33B Inserted by No. 24 of 2014, s. 28, Applied:01 Jan 2015] [Section 33B Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 41A Inserted by No. 104 of 1995, s. 14 ][Section 41A Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 41A Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 41AB Inserted by No. 49 of 2001, s. 19, Applied:16 Jul 2001] [Section 41AB Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 41B Inserted by No. 104 of 1995, s. 14 ][Section 41B Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 41B Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . .
Division 2A - . . . . . . . .[Division 2A of Part 3 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] [Section 43A of Part 3 Inserted by No. 84 of 1997, s. 15, Applied:01 Jan 1998] [Section 43A Subsection (2) amended by No. 24 of 2014, s. 34, Applied:01 Jan 2015] [Section 43A Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 43B Amended by No. 100 of 2001, s. 6, Applied:17 Dec 2001] [Section 43B of Part 3 Inserted by No. 84 of 1997, s. 15, Applied:01 Jan 1998] [Section 43B Amended by No. 26 of 2007, s. 12, Applied:01 Aug 2007] [Section 43B Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 43C of Part 3 Inserted by No. 84 of 1997, s. 15, Applied:01 Jan 1998] [Section 43C Subsection (1) amended by No. 24 of 2014, s. 35, Applied:01 Jan 2015] [Section 43C Subsection (2A) inserted by No. 49 of 2001, s. 21, Applied:16 Jul 2001] [Section 43C Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 43D of Part 3 Inserted by No. 84 of 1997, s. 15, Applied:01 Jan 1998] [Section 43D Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 43E of Part 3 Inserted by No. 84 of 1997, s. 15, Applied:01 Jan 1998] [Section 43E Subsection (1) substituted by No. 24 of 2014, s. 36, Applied:01 Jan 2015] [Section 43E Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 43EA Inserted by No. 24 of 2014, s. 37, Applied:01 Jan 2015] [Section 43EA Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 43F of Part 3 Inserted by No. 84 of 1997, s. 15, Applied:01 Jan 1998] [Section 43F Subsection (1) amended by No. 49 of 2001, s. 22, Applied:16 Jul 2001] [Section 43F Subsection (3) amended by No. 19 of 2012, s. 17, Applied:03 Jul 2012] [Section 43F Subsection (3) amended by No. 49 of 2001, s. 22, Applied:16 Jul 2001] [Section 43F Subsection (7) amended by No. 76 of 2007, Sched. 1, Applied:01 Jul 2008] [Section 43F Subsection (7) amended by No. 17 of 1996, Applied:19 May 1998] [Section 43F Subsection (7) amended by No. 76 of 2007, Sched. 1, Applied:01 Jul 2008] [Section 43F Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 43G of Part 3 Inserted by No. 84 of 1997, s. 15, Applied:01 Jan 1998] [Section 43G Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 43H of Part 3 Inserted by No. 84 of 1997, s. 15, Applied:01 Jan 1998] [Section 43H Subsection (2) amended by No. 76 of 2007, Sched. 1, Applied:01 Jul 2008] [Section 43H Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 43I of Part 3 Inserted by No. 84 of 1997, s. 15, Applied:01 Jan 1998] [Section 43I Subsection (4) substituted by No. 80 of 2003, s. 4, Applied:15 Dec 2003] [Section 43I Subsection (4) amended by No. 24 of 2014, s. 38, Applied:01 Jan 2015] [Section 43I Subsection (4A) inserted by No. 80 of 2003, s. 4, Applied:15 Dec 2003] [Section 43I Subsection (6) inserted by No. 24 of 2014, s. 38, Applied:01 Jan 2015] [Section 43I Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 43J of Part 3 Inserted by No. 84 of 1997, s. 15, Applied:01 Jan 1998] [Section 43J Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 43K of Part 3 Inserted by No. 84 of 1997, s. 15, Applied:01 Jan 1998] [Section 43K Subsection (2) amended by No. 24 of 2014, s. 39, Applied:01 Jan 2015] [Section 43K Subsection (4) amended by No. 76 of 2007, Sched. 1, Applied:01 Jul 2008] [Section 43K Subsection (5) inserted by No. 26 of 2007, s. 13, Applied:01 Aug 2007] [Section 43K Subsection (6) inserted by No. 24 of 2014, s. 39, Applied:01 Jan 2015] [Section 43K Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 43L of Part 3 Inserted by No. 84 of 1997, s. 15, Applied:01 Jan 1998] [Section 43L Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 43M of Part 3 Inserted by No. 84 of 1997, s. 15, Applied:01 Jan 1998] [Section 43M Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . .
Division 2B - . . . . . . . .[Division 2B of Part 3 Repealed by No. 49 of 2001, s. 23, Applied:16 Jul 2001] [Division 2B of Part 3 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] [Section 43N of Part 3 Inserted by No. 84 of 1997, s. 15, Applied:01 Jan 1998] [Section 43N Repealed by No. 49 of 2001, s. 23, Applied:16 Jul 2001] [Section 43N Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 43O of Part 3 Inserted by No. 84 of 1997, s. 15, Applied:01 Jan 1998] [Section 43O Repealed by No. 49 of 2001, s. 23, Applied:16 Jul 2001] [Section 43O Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 43P of Part 3 Inserted by No. 84 of 1997, s. 15, Applied:01 Jan 1998] [Section 43P Repealed by No. 49 of 2001, s. 23, Applied:16 Jul 2001] [Section 43P Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 43Q of Part 3 Inserted by No. 84 of 1997, s. 15, Applied:01 Jan 1998] [Section 43Q Repealed by No. 49 of 2001, s. 23, Applied:16 Jul 2001] [Section 43Q Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 43R of Part 3 Inserted by No. 84 of 1997, s. 15, Applied:01 Jan 1998] [Section 43R Repealed by No. 49 of 2001, s. 23, Applied:16 Jul 2001] [Section 43R Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 43S of Part 3 Inserted by No. 84 of 1997, s. 15, Applied:01 Jan 1998] [Section 43S Repealed by No. 49 of 2001, s. 23, Applied:16 Jul 2001] [Section 43S Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 43T of Part 3 Inserted by No. 84 of 1997, s. 15, Applied:01 Jan 1998] [Section 43T Repealed by No. 49 of 2001, s. 23, Applied:16 Jul 2001] [Section 43T Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 43U of Part 3 Inserted by No. 84 of 1997, s. 15, Applied:01 Jan 1998] [Section 43U Repealed by No. 49 of 2001, s. 23, Applied:16 Jul 2001] [Section 43U Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . .
Division 3A - . . . . . . . .[Division 3A of Part 3 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] [Section 44A of Part 3 Inserted by No. 84 of 1997, s. 16, Applied:01 Jan 1998] [Section 44A Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . .
Division 4 - . . . . . . . .[Part 3, Div. 4 Substituted by No. 104 of 1995, s. 15 ][Division 4 of Part 3 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] [Section 45A Inserted by No. 104 of 1995, s. 15 ][Section 45A Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 46 Substituted by No. 104 of 1995, s. 15 ][Section 46 Substituted by No. 84 of 1997, s. 17, Applied:01 Jan 1998] [Section 46 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . .
Division 5 - . . . . . . . .[Part 3, Div. 5 Inserted by No. 104 of 1995, s. 15 ][Division 5 of Part 3 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] [Section 47 Inserted by No. 104 of 1995, s. 15 ][Section 47 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 47 Subsection (4) amended by No. 49 of 2001, s. 24, Applied:16 Jul 2001] [Section 47 Subsection (5) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 47 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 47A Inserted by No. 104 of 1995, s. 15 ][Section 47A Subsection (3) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 47A Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . . [Section 47B Inserted by No. 104 of 1995, s. 15 ][Section 47B Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 47B Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015] . . . . . . . .
PART 4 - Enforcement of Planning Control
Division 1 - General
48. Enforcement of observance of planning schemes
[Section 48 Amended by No. 104 of 1995, s. 35 and Sched. 1 ][Section 48 Amended by No. 47 of 2015, s. 11, Applied:17 Dec 2015] Where a planning scheme is in force, the planning authority must, within the ambit of its power, observe, and enforce the observance of, that planning scheme in respect of all use or development undertaken within the area to which the planning scheme relates, whether by the authority or by any other person.
48AA. Enforcement of major project permits
[Section 48AA Amended by No. 21 of 2020, s. 7, Applied:28 Oct 2020] [Section 48AA Inserted by No. 43 of 2009, s. 7, Applied:01 Jan 2010] A planning authority must, within the ambit of its power, enforce the observance of any condition or restriction to which a major project permit is subject.
[Section 48A Inserted by No. 26 of 2007, s. 15, Applied:01 Aug 2007][Section 49 Subsection (1) amended by No. 104 of 1995, s. 35 and Sched. 1 ][Section 49 Repealed by No. 47 of 2015, s. 13, Applied:17 Dec 2015] . . . . . . . .(1) [Section 48A Subsection (1) amended by No. 47 of 2015, s. 12, Applied:17 Dec 2015] If a person is erecting or placing, or has erected or placed, a sign for which the issue of a permit is required under the provisions of a planning scheme, unless the planning authority which administers the scheme has granted a permit in respect of that sign and the permit is in effect, the planning authority may do one or more of the following:(a) by written notice given to the person, require the person to cease erecting or placing the sign;(b) by written notice given to the person, require the person to remove the sign or that part of the sign that has been erected or placed;(c) by written notice given to the person, require the person to take all action necessary to restore the land or any building to the condition it was in before the person erected or placed, or started erecting or placing, the sign;(d) take all action necessary to remove the sign or that part of the sign that has been erected or placed and restore the land or any building to the condition it was in before the person erected or placed, or started erecting or placing, the sign.(2) If the planning authority takes any action under subsection (1)(d) , the planning authority, by written notice given to the person who is erecting or placing or has erected or placed a sign, may require the person to pay the reasonable costs of that action, and those costs –(a) are a debt due and payable to the planning authority; and(b) may be recovered in a court of competent jurisdiction.(3) If the planning authority takes any action under subsection (1)(d) , the planning authority is not liable for any damages caused to the sign, or any structure to which the sign was affixed, through the removal of the sign or the storage of the sign on its removal.(4) The planning authority may dispose of the sign after 2 months from the date on which the planning authority took action under subsection (1)(d) if the sign has not been collected by the person who erected or placed the sign.(5) For the purposes of this section, a "person" includes the owner and the occupier of the property on which the sign is being erected or placed or has been erected or placed.
Division 2 - Development control
50. Certain applications deemed to be applications for permits
[Section 50 Amended by No. 47 of 2015, s. 14, Applied:17 Dec 2015] An application of the kind referred to in section 11(2)(j) is deemed to be an application for a permit.
(1) [Section 51 Subsection (1) amended by No. 21 of 2020, s. 8, Applied:28 Oct 2020] [Section 51 Subsection (1) amended by No. 47 of 2015, s. 15, Applied:17 Dec 2015] [Section 51 Subsection (1) substituted by No. 104 of 1995, s. 16 ]A person must not commence any use or development which, under the provisions of a planning scheme, requires a permit unless the planning authority which administers the scheme, the Commission, or the Tribunal, has granted a permit in respect of that use or development and the permit is in effect or a major project permit has been granted in respect of that use or development and the permit is in effect.(1A) [Section 51 Subsection (1A) amended by No. 47 of 2015, s. 15, Applied:17 Dec 2015] [Section 51 Subsection (1A) inserted by No. 104 of 1995, s. 16 ]A person may apply to a planning authority which administers a planning scheme for the granting of a permit for a use or development which under that scheme requires a permit to be granted in respect of that use or development.(1AA) [Section 51 Subsection (1AA) inserted by No. 24 of 2014, s. 40, Applied:01 Jan 2015] An application is to be in a form, if any, approved by the Commission.(1AB) [Section 51 Subsection (1AB) inserted by No. 26 of 2007, s. 16, Applied:01 Aug 2007] A planning authority must not refuse to accept a valid application for a permit, unless the application does not include a declaration that the applicant has –(a) notified the owner of the intention to make the application; or(b) obtained the written permission of the owner under section 52 .(1AC) [Section 51 Subsection (1AC) inserted by No. 26 of 2007, s. 16, Applied:01 Aug 2007] For the purposes of subsection (1AB) , a valid application is an application that contains all relevant information required by the planning scheme applying to the land that is the subject of the application.(1B) [Section 51 Subsection (1B) amended by No. 47 of 2015, s. 15, Applied:17 Dec 2015] [Section 51 Subsection (1B) inserted by No. 104 of 1995, s. 16 ]If an undertaking is in respect of–and under a planning scheme any of those uses or developments requires a permit to be granted in respect of them, a person, in one application, may apply to the planning authority for a permit with respect to that undertaking.(a) a combination of uses; or(b) a combination of developments; or(c) a combination of one or more uses and one or more developments–(2) In determining an application for a permit, a planning authority –(a) must seek to further the objectives set out in Schedule 1 ; and(b) must take into consideration such of the prescribed matters as are relevant to the use or development the subject of the application; and(c) [Section 51 Subsection (2) amended by No. 32 of 2011, s. 7, Applied:25 Oct 2011] must take into consideration the matters set out in representations relating to the application that were made during the period referred to in section 57(5) ; and(d) [Section 51 Subsection (2) amended by No. 32 of 2011, s. 7, Applied:25 Oct 2011] must accept –(i) any relevant bushfire hazard management plan, or other prescribed management plan relating to environmental hazards or natural hazards, that has been certified as acceptable by an accredited person or a State Service Agency; or(ii) any certificate issued by an accredited person or a State Service Agency and stating that the proposed use or development will result in an insufficient increase in risk from the environmental hazard or natural hazard to warrant any specific protection measures.(3) [Section 51 Subsection (3) amended by No. 104 of 1995, s. 16 and s. 35 and Sched. 1 ][Section 51 Subsection (3) substituted by No. 49 of 2001, s. 25, Applied:16 Jul 2001] [Section 51 Subsection (3) amended by No. 47 of 2015, s. 15, Applied:17 Dec 2015] [Section 51 Subsection (3) substituted by No. 7 of 2021, s. 20, Applied:14 Jul 2021] The decision of a planning authority on an application referred to in subsection (1A) or (1B) is to be made in accordance with the provisions of the planning scheme as in effect on the day on which the application is validly made, unless another subsection of this section applies in relation to the application.(3AA) [Section 51 Subsection (3AA) inserted by No. 7 of 2021, s. 20, Applied:14 Jul 2021] If –the planning authority is to make the decision on the application in accordance with the provisions, of the planning scheme, as those provisions would be in effect on that day if an amendment of the planning scheme, in the terms, or substantially in the terms, of the draft amendment, modified or altered as required by the direction, were in effect on that day.(a) an application, referred to in subsection (1A) or (1B) , is validly made to a planning authority after the end of the 7-day period after the planning authority has been directed under section 41(a) of this Act, as in force before the day on which section 10 of the Tasmanian Planning Scheme Amendment Act commenced, to modify, or alter to a substantial degree, a draft amendment of a planning scheme; and(b) there is not in effect, on the day on which the application is validly made, an amendment, of the planning scheme, in the terms, or substantially in the terms, of the draft amendment of the planning scheme, modified or altered as required by the direction –(3AB) [Section 51 Subsection (3AB) inserted by No. 7 of 2021, s. 20, Applied:14 Jul 2021] If –(a) an application, referred to in subsection (1A) or (1B) , is validly made to a planning authority after the end of the 7-day period after the planning authority has been directed under section 35K(1)(a) to modify a draft LPS; and(b) there is not in effect, on the day on which the application is validly made, an LPS, in the terms, or substantially in the terms, of the draft LPS, modified as required by the direction –the planning authority is to make the decision on the application in accordance with the provisions, of the planning scheme, as those provisions would be in effect on that day if –(c) an LPS, in the terms, or substantially in the terms, of the draft LPS modified in accordance with the direction, were in effect on that day; and(d) the SPPs were, on that day, in effect in relation to the land to which the application relates.(3AC) [Section 51 Subsection (3AC) inserted by No. 7 of 2021, s. 20, Applied:14 Jul 2021] If –(a) an application, referred to in subsection (1A) or (1B) , is validly made to a planning authority after the end of the 7-day period after the planning authority has, in relation to a draft LPS, been directed under section 35KB to prepare an amendment, under Part 3B , of an LPS made in the terms, or substantially in the terms, of the draft LPS; and(b) there is not in effect on the day on which the application is validly made, an LPS in the terms, or substantially in the terms, of the draft LPS, modified as required by the direction –the planning authority is to make the decision on the application in accordance with the provisions, of the planning scheme, as those provisions would be in effect on that day if –(c) an LPS, in the terms, or substantially in the terms, of the draft LPS, were in effect on that day; and(d) an amendment of the LPS in the terms, or substantially in the terms, of the draft amendment of the LPS made in accordance with the direction, were in effect on that day; and(e) the SPPs were in effect in relation to the land on that day.(3AD) [Section 51 Subsection (3AD) inserted by No. 7 of 2021, s. 20, Applied:14 Jul 2021] If –the planning authority is to make the decision on the application in accordance with the provisions, of the planning scheme, as those provisions would be in effect on that day if an amendment of the LPS, in the terms of a draft amendment of the LPS prepared in accordance with the direction, were in effect on that day.(a) an application, referred to in subsection (1A) or (1B) , is validly made to a planning authority after the end of the 7-day period after the planning authority has, in relation to a draft LPS, been directed under section 35KB to prepare an amendment, under Part 3B , of an LPS made in the terms, or substantially in the terms, of the draft LPS; and(b) there is in effect, on the day on which the application is validly made, an LPS, in the terms, or substantially in the terms, of the draft LPS; and(c) there is no amendment of the LPS, in the terms, or substantially in the terms, of the draft amendment of the LPS prepared in accordance with the direction, that is in effect on that day –(3AE) [Section 51 Subsection (3AE) inserted by No. 7 of 2021, s. 20, Applied:14 Jul 2021] If –(a) an application, referred to in subsection (1A) or (1B) , is validly made to a planning authority after the end of the 7-day period after the planning authority has, in relation to a draft LPS, been directed under section 35KB to prepare an amendment, under Part 3B , of an LPS made in the terms, or substantially in the terms, of the draft LPS; and(b) the planning authority has been directed under section 35K(1)(a) to modify a draft LPS but there is not in effect, on the day on which the application is validly made, an LPS, in the terms, or substantially in the terms, of the draft LPS, modified as required by the direction –the planning authority is to make the decision on the application in accordance with the provisions, of the planning scheme, as those provisions would be in effect on that day if –(c) an LPS, in the terms, or substantially in the terms, of the draft LPS modified in accordance with the direction under section 35K(1)(a) , were in effect on that day; and(d) an amendment had been made, under Part 3B , of an LPS in the terms, or substantially in the terms, of the draft of the amendment of the LPS that the planning authority has been directed under section 35KB to prepare; and(e) the SPPs were, on that day, in effect in relation to the land to which the application relates.(3AF) [Section 51 Subsection (3AF) inserted by No. 7 of 2021, s. 20, Applied:14 Jul 2021] If –the planning authority is to make the decision on the application in accordance with the provisions, of the planning scheme, as they would be in effect on that day if an amendment of the LPS made in accordance with the direction were in effect in relation to the land on that day.(a) an application, referred to in subsection (1A) or (1B) , is validly made to a planning authority after the end of the 7-day period after the planning authority has been directed under section 40N to modify, or substantially modify, a draft amendment of an LPS; and(b) there is no amendment of the LPS, substantially in the terms of the draft amendment of the LPS, modified, or substantially modified, in accordance with the direction that is in effect on that day –(3AG) [Section 51 Subsection (3AG) inserted by No. 7 of 2021, s. 20, Applied:14 Jul 2021] If a permit in relation to land is granted, by a planning authority or the Appeal Tribunal, in accordance with a decision or determination that is made under this section or section 62 in accordance with the provisions, of the planning scheme, as those provisions would be in effect in relation to land, the decision or determination, and the grant of the permit, are not to be taken to be made in contravention of the provisions of the planning scheme as in effect on the day on which the decision or determination is made.(3A) [Section 51 Subsection (3A) inserted by No. 104 of 1995, s. 16 ]A permit to which section 57 applies may be subject to such conditions or restrictions as the planning authority may impose.(4) [Section 51 Subsection (4) amended by No. 47 of 2015, s. 15, Applied:17 Dec 2015] [Section 51 Subsection (4) amended by No. 104 of 1995, s. 16 and s. 35 and Sched. 1 ]A permit to which section 58 applies may be granted subject to such conditions or restrictions as the planning authority may impose with respect to any matter specified in the relevant planning scheme.
51A. Fees payable for application
[Section 51A Inserted by No. 16 of 2020, s. 6, Applied:30 Nov 2020](1) In this section –relevant legislative instrument means –(a) this Act or the Local Government Act 1993 ; or(b) a regulation made under this Act or a by-law or regulation made under the Local Government Act 1993 ;valid application for a permit means an application for a permit that is, in accordance with section 51(1AC) , a valid application for a permit for the purposes of section 51(1AB) .(2) Despite section 86 , a planning authority is not entitled –(a) to refuse to take an action in relation to determining whether or not an application for a permit is valid; or(b) to refuse to accept a valid application for a permit –on the ground that a fee, under a relevant legislative instrument, for an application for a permit has not been paid, unless –(c) the planning authority has, before, or within 4 business days after, the day on which a person lodges, or attempts to lodge, with the planning authority, the application for the permit, demanded the payment of the fee; and(d) the fee has not been paid within the 21-day period after the day on which the demand is made.(3) If –the application, if it is a valid application, is taken for the purposes of this Act to have been received on the day on which the fee is paid.(a) the planning authority has demanded payment of a fee, under a relevant legislative instrument, for an application for a permit before, or within 4 business days after, the day on which a person lodges, or attempts to lodge, with the planning authority, the application for the permit; and(b) the fee has been paid within the 21-day period after the day on which the demand is made –(4) If the planning authority has not demanded payment of a fee, under a relevant legislative instrument, for an application for a permit before, or within 4 business days after, the day on which a person lodges, or attempts to lodge, with the planning authority, the application for the permit –(a) the planning authority, despite section 86 , is not entitled to refuse to take any action in relation to the application for the permit; and(b) the application, if it is a valid application, is taken for the purposes of this Act to have been received on the fifth business day after the day which the person lodges, or attempts to lodge, with the planning authority, the application for the permit.
52. What if applicant is not the owner?
(1) [Section 52 Subsection (1) amended by No. 100 of 2001, s. 7, Applied:17 Dec 2001] [Section 52 Subsection (1) amended by No. 104 of 1995, s. 17 ][Section 52 Subsection (1) substituted by No. 49 of 2001, s. 26, Applied:16 Jul 2001] If –the applicant must include in the application for the permit a declaration that the applicant has notified the owner of the intention to make the application.(a) the applicant for a permit is not the owner of the land in respect of which the permit is required; and(b) the land is not –(i) Crown land, within the meaning of the Crown Lands Act 1976 ; or(ii) land owned by a council; or(iii) land administered by the Crown or a council; and(c) [Section 52 Subsection (1) amended by No. 47 of 2015, s. 16, Applied:17 Dec 2015] the planning scheme does not provide otherwise –(1A) [Section 52 Subsection (1A) amended by No. 47 of 2015, s. 16, Applied:17 Dec 2015] [Section 52 Subsection (1A) inserted by No. 84 of 1997, s. 18, Applied:01 Jan 1998] Subsection (1) does not apply to an application for a permit to carry out mining operations, within the meaning of the Mineral Resources Development Act 1995 , if a mining lease, or a production licence, has been issued under that Act which authorises those operations.(1B) [Section 52 Subsection (1B) amended by No. 47 of 2015, s. 16, Applied:17 Dec 2015] [Section 52 Subsection (1B) inserted by No. 49 of 2001, s. 26, Applied:16 Jul 2001] If land in respect of which an application for a permit is required is Crown land, within the meaning of the Crown Lands Act 1976 , is owned by a council or is administered or owned by the Crown or a council and a planning scheme does not provide otherwise, the application must –(a) [Section 52 Subsection (1B) amended by No. 100 of 2001, s. 7, Applied:17 Dec 2001] be signed by the Minister of the Crown responsible for the administration of the land or by the general manager of the council; and(b) [Section 52 Subsection (1B) amended by No. 100 of 2001, s. 7, Applied:17 Dec 2001] be accompanied by the written permission of that Minister or general manager to the making of the application.(1C) [Section 52 Subsection (1C) inserted by No. 49 of 2001, s. 26, Applied:16 Jul 2001] [Section 52 Subsection (1C) substituted by No. 100 of 2001, s. 7, Applied:17 Dec 2001] [Section 52 Subsection (1C) omitted by No. 21 of 2020, s. 9, Applied:28 Oct 2020] . . . . . . . .(1D) [Section 52 Subsection (1D) inserted by No. 100 of 2001, s. 7, Applied:17 Dec 2001] The Minister of the Crown administering the Crown Lands Act 1976 may delegate his or her functions under subsection (1B) to the Director-General of Lands.(1E) [Section 52 Subsection (1E) inserted by No. 100 of 2001, s. 7, Applied:17 Dec 2001] The Director-General of Lands may delegate to a person prescribed for the purposes of section 71(2) of the Crown Lands Act 1976 a function delegated to the Director-General under subsection (1D) .(1F) [Section 52 Subsection (1F) inserted by No. 100 of 2001, s. 7, Applied:17 Dec 2001] A Minister of the Crown administering land administered or owned by the Crown, other than the Minister of the Crown administering the Crown Lands Act 1976 , may delegate to any person the Minister considers appropriate his or her functions under subsection (1B) .(1G) [Section 52 Subsection (1G) inserted by No. 100 of 2001, s. 7, Applied:17 Dec 2001] The general manager of a council may delegate to an employee of the council his or her functions under subsection (1B) .(1H) [Section 52 Subsection (1H) amended by No. 47 of 2015, s. 16, Applied:17 Dec 2015] [Section 52 Subsection (1H) inserted by No. 26 of 2007, s. 17, Applied:01 Aug 2007] If land in respect of which an application for a permit is required is Crown land, within the meaning of the Crown Lands Act 1976 , subsection (1B) does not apply to an application for a permit to carry out mining operations, within the meaning of the Mineral Resources Development Act 1995 , if a mining lease, or a production licence, has been issued under that Act which authorises those operations.(2) A person must not obtain or attempt to obtain a permit by wilfully making or causing to be made any false representation or declaration either orally or in writing.Penalty: Fine not exceeding 20 penalty units.(3) [Section 52 Subsection (3) amended by No. 47 of 2015, s. 16, Applied:17 Dec 2015] [Section 52 Subsection (3) inserted by No. 49 of 2001, s. 26, Applied:16 Jul 2001] A provision in a planning scheme is of no effect to the extent that it provides that an application for a permit by a person who is not the owner of the land in respect of which the permit is required must be signed by, or accompanied by the written permission of, the owner.
52A. Permit for development of land in Wellington Park
[Section 52A Amended by No. 62 of 2013, s. 4, Applied:13 Dec 2013] [Section 52A Inserted by No. 4 of 2003, s. 9, Applied:16 Apr 2003] If any land in respect of which an application for a permit is required is in Wellington Park, as defined in the Wellington Park Act 1993 , in assessing the application for the permit, the relevant planning authority must take into account the standards, values and conditions set out in each management plan, within the meaning of the Wellington Park Act 1993 , in force as at the date of the application for the permit.(a) [Section 52A Amended by No. 62 of 2013, s. 4, Applied:13 Dec 2013] . . . . . . . .(b) [Section 52A Amended by No. 62 of 2013, s. 4, Applied:13 Dec 2013] . . . . . . . .
53. When does a permit take effect?
(1) Where a planning authority grants a permit, the permit, subject to subsections (2) , (3) and (4) , takes effect on the day on which it is granted by the authority or, where there is a right of appeal against the granting of the permit, at the expiration of 14 days from the day on which the notice of the granting of the permit was served on the person who has the right of appeal.(1A) [Section 53 Subsection (1A) inserted by No. 104 of 1995, s. 18 ]If the applicant is the only person with a right of appeal under section 61 in relation to a permit and does not intend to exercise that right, the use or development in respect of which the permit is granted may, subject to subsections (1B) and (4) , be commenced before the expiration of the 14 day period specified in subsection (1) .(1B) [Section 53 Subsection (1B) inserted by No. 104 of 1995, s. 18 ]If the applicant referred to in subsection (1A) proposes to commence the use or development before the expiration of the 14 day period specified in that subsection, the applicant must notify the planning authority in writing of his or her intention to commence that use or development.(1C) [Section 53 Subsection (1C) inserted by No. 104 of 1995, s. 18 ]If the applicant notifies the planning authority under subsection (1B) , the applicant is taken to have forfeited the right to appeal in relation to the permit.(2) A day later than the day on which a permit would otherwise have taken effect under subsection (1) may be specified in the permit as the day on which it takes effect.(3) Where an appeal has been instituted against the planning authority's decision to grant a permit, the permit does not take effect until the determination or abandonment of the appeal.(4) Where any other approvals under this Act or any other Act are required for the proposed use or development to which the permit relates, the permit does not take effect until all those approvals have been granted.(5) [Section 53 Subsection (5) substituted by No. 49 of 2001, s. 27, Applied:16 Jul 2001] [Section 53 Subsection (5) substituted by No. 3 of 2009, s. 4, Applied:27 Apr 2009] If the use or development in respect of which a permit was granted is not substantially commenced, the permit lapses –(a) at the end of a period of 2 years from –(i) the date on which the permit was granted; or(ii) if an appeal has been instituted against the planning authority's decision to grant the permit, the date of the determination or abandonment of the appeal; or(b) [Section 53 Subsection (5) amended by No. 24 of 2014, s. 41, Applied:01 Jan 2015] if the planning authority has granted an extension under subsection (5A) , at the end of a further period of 2 years from the end of the relevant period referred to in paragraph (a) ; or(c) [Section 53 Subsection (5) amended by No. 24 of 2014, s. 41, Applied:01 Jan 2015] if the planning authority has granted a further extension under subsection (5B) , at the end of a further period of 2 years from the end of the further period of 2 years for which the permit was extended under subsection (5A) .(5A) [Section 53 Subsection (5A) inserted by No. 49 of 2001, s. 27, Applied:16 Jul 2001] If the use or development in respect of which a permit was granted is not, or is unlikely to be, substantially commenced before the permit would otherwise lapse under subsection (5)(a) , the planning authority may grant (once only) an extension of the period during which that use or development must be substantially commenced.(5B) [Section 53 Subsection (5B) inserted by No. 24 of 2014, s. 41, Applied:01 Jan 2015] If the use or development in respect of which a permit was granted is not, or is unlikely to be, substantially commenced before the permit would otherwise lapse under subsection (5)(b) , the planning authority may grant (once only) a further extension of the period during which that use or development must be substantially commenced.(5C) [Section 53 Subsection (5C) inserted by No. 24 of 2014, s. 41, Applied:01 Jan 2015] An application may be made under subsection (5A) or (5B) , for an extension of a period during which a use or development in respect of which a permit was granted must be substantially commenced, at any time before the end of the period of 6 months from the day on which the permit has lapsed and, if the extension is granted, the permit is to be taken to not have lapsed on that day.(6) [Section 53 Subsection (6) inserted by No. 104 of 1995, s. 18 ]If under a permit an agreement is required to be entered into, the permit does not take effect until the day the agreement is executed.(7) [Section 53 Subsection (7) amended by No. 59 of 2013, s. 22, Applied:01 Feb 2015] [Section 53 Subsection (7) inserted by No. 26 of 2007, s. 18, Applied:01 Aug 2007] The permit referred to in subsection (1) remains in effect until –(a) it lapses under subsection (5) ; or(b) [Section 53 Subsection (7) amended by No. 59 of 2013, s. 22, Applied:01 Feb 2015] it expires as a result of a condition or restriction contained in the permit; or(c) [Section 53 Subsection (7) amended by No. 59 of 2013, s. 22, Applied:01 Feb 2015] it is cancelled under section 65G .
(1) [Section 54 Subsection (1) amended by No. 21 of 2020, s. 10, Applied:28 Oct 2020] [Section 54 Subsection (1) amended by No. 49 of 2001, s. 28, Applied:16 Jul 2001] [Section 54 Subsection (1) substituted by No. 24 of 2014, s. 42, Applied:01 Jan 2015] A planning authority that receives an application for a permit (other than a permit referred to in section 40T ) may –require the applicant to provide it with additional information before it considers the application.(a) if the permit sought is a discretionary permit, by notice in writing served on the applicant within the period of 21 days from the day on which it receives the application; or(b) if the permit sought is not a discretionary permit, by notice in writing served on the applicant within the period of 14 days from the day on which it receives the application –(1A) [Section 54 Subsection (1A) inserted by No. 26 of 2007, s. 19, Applied:01 Aug 2007] If the period specified in subsection (1) includes any days on which the office of the planning authority is closed during normal business hours in that part of the State where the land subject to the application for a permit is situated, that period is to be extended by the number of those days.(2) [Section 54 Subsection (2) amended by No. 51 of 2013, s. 4, Applied:01 Mar 2014] If the planning authority requires the applicant to provide it with additional information, the relevant period referred to in section 57(6)(b) or 58(2) does not run while the request for information has not been answered to the satisfaction of the planning authority.(2AA) [Section 54 Subsection (2AA) inserted by No. 47 of 2015, s. 17, Applied:17 Dec 2015] If additional information is not provided, in accordance with a request under subsection (1) , within 2 years, or a longer period agreed to by the applicant and the planning authority, after the request is made, the application for a permit, to which the request relates, lapses.(2A) [Section 54 Subsection (2A) amended by No. 51 of 2013, s. 4, Applied:01 Mar 2014] [Section 54 Subsection (2A) inserted by No. 43 of 2009, s. 8, Applied:01 Jan 2010] If the Appeals Tribunal determines that –the relevant period referred to in section 57(6)(b) or 58(2) does not run for the period beginning on the day on which the requirement was served on the applicant and ending at the end of the day that is 7 clear days after the day on which the determination was made by the Appeals Tribunal.(a) a planning authority had, in good faith, required an applicant under subsection (1) or (3) to provide the authority with additional information; but(b) [Section 54 Subsection (2A) amended by No. 51 of 2013, s. 4, Applied:01 Mar 2014] the planning authority ought to have been satisfied with the information provided to the planning authority by the applicant before the requirement was served on the applicant –(3) [Section 54 Subsection (3) amended by No. 16 of 2020, s. 7, Applied:30 Nov 2020] [Section 54 Subsection (3) inserted by No. 26 of 2007, s. 19, Applied:01 Aug 2007] The planning authority must, within 8 business days from the day it receives the additional information under subsection (1) , notify the applicant if the request for information has not been answered to its satisfaction and in that notification require the applicant to provide it with the additional information.
A planning authority may correct a permit granted by it if the permit contains –(a) a clerical mistake or an error arising from any accidental slip or omission; or(b) an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in the approval.
56. Minor amendments of permits issued by a planning authority
(1) [Section 56 Subsection (1) amended by No. 24 of 2014, s. 43, Applied:01 Jan 2015] The owner of land, or a person with the consent of the owner, may request the planning authority in writing to amend a permit which applies to that land and which is a permit issued by the planning authority.(1A) [Section 56 Subsection (1A) inserted by No. 16 of 2020, s. 8, Applied:30 Nov 2020] A planning authority that receives a request under subsection (1) to amend a permit –(a) must, within the 28-day period after the request was received, amend, or refuse to amend, the permit; and(b) must, within 7 days –(i) after amending the permit, comply with subsection (3) ; or(ii) after refusing to amend the permit, give notice of the refusal to the person who made the request.(2) The planning authority may amend the permit if it is satisfied that the amendment –(aa) [Section 56 Subsection (2) amended by No. 24 of 2014, s. 43, Applied:01 Jan 2015] is not an amendment of a condition or restriction, specified in the permit, that is required, imposed or amended by the Appeal Tribunal; and(a) [Section 56 Subsection (2) amended by No. 24 of 2014, s. 43, Applied:01 Jan 2015] does not change the effect of a condition or restriction, specified in the permit, that is required, imposed or amended by the Appeal Tribunal; and(b) will not cause an increase in detriment to any person; and(c) does not change the use or development for which the permit was issued other than a minor change to the description of the use or development.(2A) [Section 56 Subsection (2A) inserted by No. 24 of 2014, s. 43, Applied:01 Jan 2015] An amendment of a condition or restriction specified in a permit is not to be taken to contravene subsection (2)(a) by reason only that other conditions or restrictions have been specified in the permit, or amended, by the Appeal Tribunal.(2B) [Section 56 Subsection (2B) inserted by No. 24 of 2014, s. 43, Applied:01 Jan 2015] A condition or restriction (the fresh condition or restriction) specified by the planning authority in a permit is not to be taken, for the purposes of this section, to be required or imposed by the Appeal Tribunal if –(a) the fresh condition or restriction is to the same effect as a condition or restriction that was specified in the permit by the Appeal Tribunal before the planning authority specified the fresh condition or restriction in the permit; and(b) [Section 56 Subsection (2B) amended by No. 18 of 2021, s. 226, Applied:05 Nov 2021] the fresh condition or restriction is not referred to in the decision, in relation to the permit, of the Appeal Tribunal made under section 78 of the Tasmanian Civil and Administrative Tribunal Act 2020 .(3) [Section 56 Subsection (3) substituted by No. 84 of 1997, s. 19, Applied:01 Jan 1998] If the planning authority amends a permit, it must, by notice in writing served on –notify those persons of the amendments made to the permit.(a) the person who requested the permit to be amended; and(b) if that person is not the owner of the land, the owner; and(c) in the case of a permit granted under section 57 , the owner or occupier of any property which adjoins the land; and(d) any person who made a representation under section 57(5) in relation to the application for the permit –(4) [Section 56 Subsection (4) amended by No. 76 of 2007, Sched. 1, Applied:01 Jul 2008] [Section 56 Subsection (4) inserted by No. 84 of 1997, s. 19, Applied:01 Jan 1998] If the planning authority amends a permit containing a condition or restriction which the Board of the Environment Protection Authority has required under section 25(5) of the Environmental Management and Pollution Control Act 1994 , the planning authority must, by notice in writing served on the Board, notify it of the amendments made to the permit.
56AA. Fees for amendment of permits under section 56
[Section 56AA Inserted by No. 16 of 2020, s. 9, Applied:30 Nov 2020](1) In this section –relevant legislative instrument means –(a) this Act or the Local Government Act 1993 ; or(b) a regulation made under this Act or a by-law or regulation made under the Local Government Act 1993 .(2) Despite section 86 , a planning authority is not entitled –(a) to refuse to take an action in relation to determining whether or not an application under section 56 for an amendment of a permit is valid; or(b) to refuse to accept a valid application under section 56 for an amendment of the permit –on the ground that a fee, under a relevant legislative instrument, for an application for an amendment of a permit under section 56 has not been paid, unless –(c) the planning authority has, before, or within 4 business days after, the day on which a person lodges, or attempts to lodge, with the planning authority, the application for an amendment of the permit, demanded the payment of the fee; and(d) the fee has not been paid within the 21-day period after the day on which the demand is made.(3) If –the application, if it is a valid application for an amendment of a permit, is taken for the purposes of this Act to have been received on the day on which the fee is paid.(a) the planning authority has demanded payment of a fee, under a relevant legislative instrument, for an application for an amendment of a permit under section 56 before, or within 4 business days after, the day on which a person lodges, or attempts to lodge, with the planning authority, the application for the amendment of the permit; and(b) the fee has been paid within the 21-day period after the day on which the demand is made –(4) If the planning authority has not demanded payment of a fee, under a relevant legislative instrument, for an application for an amendment of a permit under section 56 before, or within 4 business days after, the day on which a person lodges, or attempts to lodge, with the planning authority, the application for the amendment of the permit –(a) the planning authority, despite section 86 , is not entitled to refuse to take any action in relation to the application for an amendment of the permit; and(b) the application, if it is a valid application, is taken for the purposes of this Act to have been received on the fifth business day after the day on which the person lodges, or attempts to lodge, with the planning authority, the application for the amendment of the permit.
56A. When amendments to permits take effect
[Section 56A Inserted by No. 84 of 1997, s. 20, Applied:01 Jan 1998](1) If a planning authority amends a permit, the amendment, subject to subsections (5) and (6) , takes effect on the day on which it is made by the planning authority or, if there is a right of appeal against the amendment, at the expiration of 14 days from the day on which the notice of the amendment was served on the person who has the right of appeal.(2) If the person who requested an amendment to a permit is the only person with a right of appeal under section 61 in relation to the amendment and does not intend to exercise that right, the use or development in respect of which the amendment is made may, subject to subsection (3) , be commenced before the expiration of the 14 day period specified in subsection (1) .(3) If the person referred to in subsection (2) proposes to commence the use or development in respect of which the amendment is made before the expiration of the 14 day period specified in subsection (1) , the person must notify the planning authority in writing of his or her intention to commence that use or development.(4) If the person who requested an amendment to a permit notifies the planning authority under subsection (3) , the person is taken to have forfeited the right to appeal in relation to the amendment.(5) The day on which a permit takes effect may be specified in the permit as being a day later than the day on which the permit would otherwise have taken effect under subsection (1) .(6) If an appeal has been instituted against the planning authority's decision to amend a permit, the amendment does not take effect until the determination or abandonment of the appeal.(7) If the amendment requires an agreement to be entered into, the amendment does not take effect until the day on which the agreement is executed.
57. Applications for discretionary permits
(1) [Section 57 Subsection (1) amended by No. 47 of 2015, s. 18, Applied:17 Dec 2015] [Section 57 Subsection (1) amended by No. 104 of 1995, sched. 1 ][Section 57 Subsection (1) substituted by No. 60 of 1996, s. 4 ]This section applies to an application for a permit in respect of a use or development which, under the provisions of a planning scheme–(a) is of a kind specified as being a use or development which a planning authority has a discretion to refuse or permit; or(b) [Section 57 Subsection (1) amended by No. 47 of 2015, s. 18, Applied:17 Dec 2015] may not proceed as proposed by the applicant unless a planning authority waives, relaxes or modifies a requirement of the scheme, or otherwise in its discretion consents to the use or development proceeding.(2) The planning authority may, on receipt of an application for a permit to which this section applies, refuse to grant the permit and, if it does so –(a) it does not have to comply with subsection (3) ; and(b) [Section 57 Subsection (2) amended by No. 49 of 2001, s. 29, Applied:16 Jul 2001] . . . . . . . .(c) it must, within 7 days of refusing to grant the permit, serve on the applicant notice of its decision.(3) Unless the planning authority requires the applicant to give notice, the authority must give notice, as prescribed, of an application for a permit.(4) A notice referred to in subsection (3) is, in addition to any other matters required to be contained in it, to name a place where a copy of the application, and of all plans and other documents submitted with the application, will be open to inspection by the public at all reasonable hours during the period for which representations may be made.(4A) [Section 57 Subsection (4A) inserted by No. 26 of 2007, s. 20, Applied:01 Aug 2007] A person must not obscure or remove a notice of an application for a permit displayed on the land that is the subject of the application within the time period specified in subsection (5) .Penalty: Fine not exceeding 10 penalty units.(5) Any person may make representations relating to the application during the period of 14 days commencing on the date on which notice of the application is given under subsection (3) or such further period not exceeding 14 days as the planning authority may allow.(5AA) [Section 57 Subsection (5AA) inserted by No. 26 of 2007, s. 20, Applied:01 Aug 2007] If the time period specified in subsection (5) includes any days on which the office of the planning authority is closed during normal business hours in that part of the State where the land subject to the application for a permit is situated, that period is to be extended by the number of those days.(5A) [Section 57 Subsection (5A) inserted by No. 104 of 1995, s. 19 ]A person may, by notice in writing to a planning authority, withdraw a representation made under subsection (5) at any time before the planning authority grants or refuses to grant a permit under subsection (6) .(5B) [Section 57 Subsection (5B) inserted by No. 104 of 1995, s. 19 ]If a person withdraws a representation under subsection (5A) , that person is taken not to have made a representation under subsection (5) .(6) [Section 57 Subsection (6) amended by No. 104 of 1995, s. 19 ]Unless the planning authority has refused to grant a permit under subsection (2) , it must grant or refuse to grant the permit –(a) not earlier than the expiration of the period of 14 days, or such further period as may be allowed under subsection (5) , beginning on the date on which notice of the application for a permit is given under subsection (3) ; and(b) [Section 57 Subsection (6) amended by No. 49 of 2001, s. 29, Applied:16 Jul 2001] [Section 57 Subsection (6) amended by No. 51 of 2013, s. 5, Applied:01 Mar 2014] not later than –(i) in a case where the Heritage Council has not, under section 39(3) of the Historic Cultural Heritage Act 1995 , required extra time to consider the application, on the expiration of the period of 42 days from the day on which the planning authority received the application or such further period as is agreed, in writing, by the planning authority and the applicant before the expiration of that 42-day period; or(ii) in a case where the Heritage Council has, under section 39(3) of the Historic Cultural Heritage Act 1995 , required extra time to consider the application, on the expiration of the period of 56 days from the day on which the planning authority received the application or such further period as is agreed, in writing, by the planning authority and the applicant before the expiration of that 56-day period.(6A) [Section 57 Subsection (6A) amended by No. 51 of 2013, s. 5, Applied:01 Mar 2014] [Section 57 Subsection (6A) amended by No. 100 of 2001, s. 8, Applied:17 Dec 2001] [Section 57 Subsection (6A) inserted by No. 104 of 1995, s. 19 ]A further period agreed to by a planning authority and an applicant under subsection (6)(b)(i) or (ii) may be extended or further extended by agreement, in writing, between the planning authority and applicant at any time before the expiration of the period to be extended and, when so extended, is taken to be the further period referred to in that subsection.(7) [Section 57 Subsection (7) substituted by No. 104 of 1995, s. 19 ]If a planning authority, on an application for a permit to which this section applies, grants or refuses to grant the permit, it must, within 7 days of granting or refusing to grant the permit, serve notice of its decision –(a) on the applicant; and(b) [Section 57 Subsection (7) amended by No. 49 of 2001, s. 29, Applied:16 Jul 2001] if representations have been made in relation to the application in accordance with this section, on all persons who made representations.(c) [Section 57 Subsection (7) amended by No. 49 of 2001, s. 29, Applied:16 Jul 2001] . . . . . . . .(8) [Section 57 Subsection (8) omitted by No. 104 of 1995, s. 19 ]. . . . . . . .
[Section 57A Inserted by No. 84 of 1997, s. 21, Applied:01 Jan 1998](1) In this section,party means any of the following persons:(a) a person who made an application to a planning authority for a permit under section 57 ;(b) the planning authority to whom the application for a permit under section 57 was made;(c) any person who made a representation under section 57(5) in relation to the application for a permit under section 57 .(2) If the applicant for a permit under section 57 or any person who has made a representation under section 57(5) requires mediation to be conducted in relation to the application, the applicant or other person must notify, in writing, the planning authority.(3) If the planning authority receives notification under subsection (2) or wishes mediation to be conducted in relation to an application for a permit under section 57 , it must notify in writing any other party and seek the agreement of that party for mediation to be conducted in relation to the application.(4) If 2 or all parties agree that mediation should be conducted in relation to an application for a permit under section 57 , the parties must agree on the person who is to conduct the mediation and on any other terms or conditions in relation to the conduct of the mediation.(5) If 2 or all parties agree that mediation should be conducted in relation to an application for a permit under section 57 , the period within which the planning authority must make its decision in relation to the application may be extended under section 57(6A) .
58. Application for other permits
(1) [Section 58 Subsection (1) amended by No. 47 of 2015, s. 19, Applied:17 Dec 2015] [Section 58 Subsection (1) amended by No. 104 of 1995, s. 20 and s. 35 and Sched. 1 ]This section applies to an application for a permit in respect of a use or development for which, under the provisions of a planning scheme, a planning authority is bound to grant a permit either unconditionally or subject to conditions or restrictions.(2) [Section 58 Subsection (2) amended by No. 24 of 2014, s. 44, Applied:01 Jan 2015] [Section 58 Subsection (2) amended by No. 51 of 2013, s. 6, Applied:01 Mar 2014] [Section 58 Subsection (2) amended by No. 84 of 1997, s. 22, Applied:01 Jan 1998] [Section 58 Subsection (2) amended by No. 104 of 1995, s. 20 ][Section 58 Subsection (2) substituted by No. 49 of 2001, s. 30, Applied:16 Jul 2001] If an application for a permit to which this section applies meets the requirements of the planning scheme to which the application relates, a planning authority must grant the application either unconditionally or subject to conditions or restrictions not later than the expiration of the period of 28 days from the day on which the planning authority received the application or such further period as is agreed to, in writing, by the planning authority and the applicant before the expiration of that 28-day period.(2A) [Section 58 Subsection (2A) amended by No. 49 of 2001, s. 30, Applied:16 Jul 2001] [Section 58 Subsection (2A) inserted by No. 104 of 1995, s. 20 ]A further period agreed to by a planning authority and an applicant under subsection (2) may be extended or further extended by agreement, in writing, between the planning authority and applicant at any time before the expiration of the period to be extended and, when so extended, is taken to be the further period referred to in subsection (2) .(3) [Section 58 Subsection (3) amended by No. 49 of 2001, s. 30, Applied:16 Jul 2001] [Section 58 Subsection (3) amended by No. 104 of 1995, s. 20 ]Where a planning authority grants a permit to which this section applies either unconditionally or subject to conditions or restrictions, it must, within 7 days of granting the permit, serve notice of its decision on the applicant.
58A. Permits requiring entering into of agreements
[Section 58A Inserted by No. 104 of 1995, s. 21 ](1) [Section 58A Subsection (1) amended by No. 47 of 2015, s. 20, Applied:17 Dec 2015] [Section 58A Subsection (1) amended by No. 59 of 2013, s. 24, Applied:03 Jul 2014] Without limiting section 51 (3A) and despite section 51 (4) , a permit granted by a planning authority under section 40Y or section 57 or 58 may include a condition that an agreement is required to be entered into in respect of a use or development.(2) If a planning authority grants a permit which includes a condition that an agreement is required to be entered into in respect of a use or development, the planning authority must specify in the condition the matters, and the requirements with respect to those matters, to be included in the agreement.(3) If a person is granted a permit which includes a condition under subsection (1) and that person is not the owner of the land in respect of which the agreement to be entered into relates, the planning authority must, within 7 days of granting the permit, serve notice of its decision on the owner.
59. Failure to determine an application for a permit
(1) [Section 59 Subsection (1) amended by No. 51 of 2013, s. 7, Applied:01 Mar 2014] The failure of a planning authority to determine an application for a permit to which section 57 or 58 applies before the expiration of the period, or, where applicable, the further period, referred to in section 57(6)(b)(i) or (ii) or 58 (2) is deemed to constitute a decision to grant a permit on conditions to be determined by the Appeal Tribunal.(2) [Section 59 Subsection (2) amended by No. 51 of 2013, s. 7, Applied:01 Mar 2014] Where the failure of a planning authority to determine an application for a permit to which section 57 or 58 applies is deemed to constitute a decision to grant a permit on conditions to be determined by the Appeal Tribunal, the planning authority must, within 7 days of the expiration of the period, or, where applicable, the further period, referred to in section 57(6)(b)(i) or (ii) or 58 (2) , serve notice–that the permit has been deemed to have been granted on conditions to be determined by the Appeal Tribunal.(a) on the applicant; and(ab) [Section 59 Subsection (2) amended by No. 51 of 2013, s. 7, Applied:01 Mar 2014] if the Heritage Council has notified the planning authority under section 36(3)(b) of the Historic Cultural Heritage Act 1995 that it wishes to be involved in the determination of the application, on the Heritage Council; and(b) on any person who made representations under section 57 (5) –(3) [Section 59 Subsection (3) amended by No. 51 of 2013, s. 7, Applied:01 Mar 2014] [Section 59 Subsection (3) amended by No. 104 of 1995, s. 22 ]If a planning authority fails to determine an application before the expiration of the relevant period referred to in section 57(6)(b)(i) or (ii) or 58 (2) , the applicant may apply to the Appeal Tribunal for an order determining the conditions on which the permit is granted.(3A) [Section 59 Subsection (3A) amended by No. 51 of 2013, s. 7, Applied:01 Mar 2014] [Section 59 Subsection (3A) inserted by No. 26 of 2007, s. 21, Applied:01 Aug 2007] The Appeal Tribunal must notify the planning authority and, if the Heritage Council by reason of section 45(5) of the Historic Cultural Heritage Act 1995 is joined as a respondent to the application, the Heritage Council of an application for an order under subsection (3) .(3B) [Section 59 Subsection (3B) inserted by No. 26 of 2007, s. 21, Applied:01 Aug 2007] The planning authority must, within 7 days of receiving notification from the Appeal Tribunal of an application under subsection (3) , advise any person who made representations, under section 57(5) , of that application unless the person has previously been notified under subsection (2) .(4) [Section 59 Subsection (4) amended by No. 18 of 2021, s. 227, Applied:05 Nov 2021] After hearing an application under subsection (3) , the Appeal Tribunal may, in addition to its powers under the Tasmanian Civil and Administrative Tribunal Act 2020 –(a) grant the permit unconditionally; or(b) grant the permit and direct that the permit must contain specified conditions; or(c) [Section 59 Subsection (4) amended by No. 51 of 2013, s. 7, Applied:01 Mar 2014] in the case of an application for a permit to which section 57 applies or is taken to apply, direct that a permit must not be granted.(5) [Section 59 Subsection (5) amended by No. 43 of 2009, s. 9, Applied:01 Jan 2010] Subject to subsection (5AA) , after hearing an application under subsection (3) , the Appeal Tribunal must direct the planning authority to pay–(a) [Section 59 Subsection (5) amended by No. 18 of 2021, s. 227, Applied:05 Nov 2021] to the Appeal Tribunal an amount determined by the Appeal Tribunal as being the costs in relation to the application; and(b) [Section 59 Subsection (5) amended by No. 18 of 2021, s. 227, Applied:05 Nov 2021] to each other party to the appeal an amount determined by the Appeal Tribunal as being the costs of that party in relation to the application.(5AA) [Section 59 Subsection (5AA) inserted by No. 43 of 2009, s. 9, Applied:01 Jan 2010] The Appeal Tribunal must not make an order under subsection (5) directing a planning authority to pay costs for a failure to determine an application within a period, or a further period, referred to in subsection (1) , if the failure only arose because a purported decision of the authority within that period was of no effect in law.(5A) [Section 59 Subsection (5A) inserted by No. 26 of 2007, s. 21, Applied:01 Aug 2007] If the Appeal Tribunal makes an order for costs under subsection (5) , it –(a) is to specify the time within which those costs are to be paid; and(b) may, by a further order, extend that time if it considers it reasonable in the circumstances.(5B) [Section 59 Subsection (5B) inserted by No. 26 of 2007, s. 21, Applied:01 Aug 2007] If the Appeal Tribunal makes an order for costs before the end of any proceedings, it may require that the order be complied with before it continues with the proceedings.(5C) [Section 59 Subsection (5C) inserted by No. 26 of 2007, s. 21, Applied:01 Aug 2007] An order for costs under this section may be registered in a court having jurisdiction for the recovery of debts of the amount ordered to be paid by or under the order.(5D) [Section 59 Subsection (5D) inserted by No. 26 of 2007, s. 21, Applied:01 Aug 2007] Proceedings for the enforcement of an order for costs under this section may be taken as if the order were a judgment of the court in which the order is registered.(6) [Section 59 Subsection (6) omitted by No. 18 of 2021, s. 227, Applied:05 Nov 2021] . . . . . . . .(7) Notwithstanding the provisions of this Division, a planning authority may make a decision on an application for a permit to which section 57 or 58 applies at any time before the lodging of an application under subsection (3) .(8) Where a planning authority makes a decision under subsection (7) it must, within 7 days of making the decision, serve notice of its decision on the applicant and, where representations have been made in relation to the application under section 57 (5) , on all persons who made representations.(9) [Section 59 Subsection (9) omitted by No. 49 of 2001, s. 31, Applied:16 Jul 2001] . . . . . . . .(10) [Section 59 Subsection (10) omitted by No. 26 of 2007, s. 21, Applied:01 Aug 2007] . . . . . . . .
60. Timing of determination of compliance with certain permit conditions
[Section 60 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 60 Subsection (1) amended by No. 104 of 1995, s. 23 and s. 35 and Sched. 1 ][Section 60 Repealed by No. 49 of 2001, s. 32, Applied:16 Jul 2001] [Section 60 Inserted by No. 31 of 2020, s. 11, Applied:30 Nov 2020](1) In this section –regulatory authority means –(a) a regulated entity, within the meaning of the Water and Sewerage Industry Act 2008 , or an employee of, or person acting on behalf of, a regulated entity; and(b) the holder of a licence under the Electricity Supply Industry Act 1995 authorising the operation of a transmission system, or of a distribution network, each within the meaning of that Act, or an employee of, or person acting on behalf of, the holder of such a licence; and(c) [Section 60 Subsection (1) amended by No. 33 of 2022, s. 4, Applied:17 May 2023] the holder of a pipeline licence, within the meaning of the Gas Industry Act 2019 , or an employee of, or person acting on behalf of, the holder of such a licence; and(d) the Heritage Council, within the meaning of the Historic Cultural Heritage Act 1995 ; and(e) the holder of a prescribed office, or a prescribed body, that is established by, or has functions under, an Act; and(f) the holder of a statutory office under an Act;relevant documents, in relation to a condition of a permit, means the plans, information, designs, or other documents, required, under the condition, to be prepared and provided to a planning authority;relevant information, in relation to a condition of a permit, means information to the effect that works, required to be carried out in order to comply with the condition, have been completed.(2) If a person to whom a permit is granted provides to the planning authority all the relevant documents, or the relevant information, in relation to a condition of the permit, the planning authority, within 20 business days, must, by notice in writing to the person, advise the person as to whether or not the planning authority is satisfied that the condition has been complied with.(3) A planning authority, within 15 business days after receiving, from a person to whom a permit is granted, all the relevant documents, or the relevant information, in relation to a condition of the permit may, by notice in writing to the person –(a) advise the person that the information provided to the planning authority is incomplete or inadequate; and(b) request the person to provide to the planning authority further information reasonably required to assist the planning authority to determine whether the condition has been complied with.(4) If a planning authority receives further information from a person further to a notice given to the person under subsection (3) or this subsection in relation to information, the planning authority must, within 8 business days after receiving the information, by notice in writing to the person –(a) advise the person that the information provided is satisfactory; or(b) request the person to provide to the planning authority further information reasonably required to assist the planning authority to determine whether the condition has been complied with.(5) The period of 20 business days referred to in subsection (2) does not run in relation to a permit during the period –(a) beginning on the day on which the planning authority gives to a person a notice under subsection (3) or subsection (4) in relation to the permit; and(b) ending on the day on which the planning authority advises the person in a notice under subsection (4) that the information provided in response to the notice under subsection (3) or subsection (4) , respectively, is satisfactory.(6) A planning authority, within 5 business days after receiving from a person to whom a permit is granted a relevant document, or relevant information, in relation to a condition that is imposed on the permit in accordance with the advice of, or on the recommendation of, a regulatory authority, may, by notice in writing to the regulatory authority, request the regulatory authority to advise the planning authority within 10 business days as to whether or not the regulatory authority is of the opinion that the condition has been complied with.(7) A regulatory authority, within 10 business days after the day on which it receives a notice under subsection (6) in relation to a condition of a permit, is, by notice in writing to the planning authority, to advise the planning authority as to whether or not the regulatory authority is of the opinion that the condition has been complied with.(8) A regulatory authority, within 8 business days after it receives –may advise the planning authority, by notice in writing, that the regulatory authority requires further information in order to determine whether or not the regulatory authority is of the opinion that the condition has been complied with.(a) a notice under subsection (6) in relation to a condition of a permit; or(b) further information under subsection (9) in relation to a condition of a permit –(9) A planning authority –(a) within 2 business days after receiving from a regulatory authority a notice under subsection (8) in relation to a condition of a permit granted to a person, is, by notice in writing to the person, to request the person to provide to the planning authority the information specified in the notice, being the information specified in the notice to the planning authority under subsection (8) ; and(b) within 5 business days after receiving from a person information specified in a notice to the person under paragraph (a) , is to provide the information to the regulatory authority.(10) A planning authority, within 5 business days after receiving under subsection (7) advice from a regulatory authority that the regulatory authority is of the opinion that a condition of a permit granted to a person has, or has not, been complied with, is to give to the person notice in writing of the opinion of the regulatory authority.(11) The period of 10 business days referred to in subsection (7) does not run in relation to a permit during the period –(a) beginning on the day on which a regulatory authority gives to the planning authority a notice under subsection (8) in relation to the permit; and(b) ending on the day on which the regulatory authority receives further information sufficient to enable the regulatory authority to determine whether or not the regulatory authority is of the opinion that the condition has been complied with.(12) The period of 20 business days referred to in subsection (2) does not run in relation to a permit during the period –(a) beginning on the day on which the planning authority gives to a regulatory authority a notice under subsection (6) ; and(b) ending on the day on which the planning authority receives under subsection (7) from the regulatory authority advice in relation to the condition of the permit.
60A. Permit for certain works not required
[Section 60A Inserted by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000](1) [Section 60A Subsection (1) amended by No. 21 of 2020, s. 11, Applied:28 Oct 2020] [Section 60A Subsection (1) amended by No. 43 of 2009, s. 10, Applied:01 Jan 2010] If a permit for dam works, within the meaning of the Water Management Act 1999 , is in force under that Act, a permit or major project permit for those works is not required under this Act.(2) [Section 60A Subsection (2) amended by No. 21 of 2020, s. 11, Applied:28 Oct 2020] [Section 60A Subsection (2) amended by No. 43 of 2009, s. 10, Applied:01 Jan 2010] A water entity administering a water management plan or a water district is not required to hold a permit or major project permit under this Act for any activities which are –(a) necessary for the operation, maintenance, repair, minor modification, upgrading or replacement of existing works managed or owned by that water entity and will not cause environmental nuisance, material environmental harm or serious environmental harm; or(b) required urgently to protect persons from injury or those works from damage so long as the activities will not cause serious environmental harm.(3) In this section –environmental nuisance has the same meaning as in the Environmental Management and Pollution Control Act 1994 ;material environmental harm has the same meaning as in the Environmental Management and Pollution Control Act 1994 ;serious environmental harm has the same meaning as in the Environmental Management and Pollution Control Act 1994 ;water district has the same meaning as in the Water Management Act 1999 ;water entity has the same meaning as in the Water Management Act 1999 ;water management plan has the same meaning as in the Water Management Act 1999 .
Division 2A - Major projects[Division 2A of Part 4 Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020]
Subdivision 1 - Interpretation of Division 2A[Subdivision 1 of Division 2A of Part 4 Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020]
60B. Interpretation: Division 2A
[Section 60B of Part 4 Inserted by No. 43 of 2009, s. 11, Applied:01 Jan 2010] [Section 60B Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) In this Division, unless the contrary intention appears –amend, in relation to a major project permit, means to amend, vary or revoke a provision of the permit or to add a provision to the permit;application for an ordinary permit means an application made under Division 2 , or section 40T(1) , for a permit;assessment criteria, in relation to a major project, means the assessment criteria determined under section 60ZM(1) in relation to the major project;assessment requirement notice, in relation to a major project, means an assessment requirement notice, as defined in section 60ZA(5) , that is given under section 60ZA(1)(b) in relation to the major project;bilateral agreement project means a project –(a) that is reasonably likely to require approval from the Commonwealth Government under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth; and(b) in relation to which the proponent is likely to seek to have a bilateral agreement, within the meaning of that Act, apply;[Section 60B Subsection (1) amended by No. 33 of 2022, s. 5, Applied:17 May 2023] declaration of a major project means a declaration of a major project under section 60O(1) , as amended if at all under section 60TG(2) or (9) , that has not been revoked under section 60U(2) ;determination guidelines means determination guidelines, issued by the Commission under section 60J(1) , that have not been revoked under section 60L ;draft assessment criteria, in relation to a major project, means the draft assessment criteria prepared under section 60ZK(1) in relation to the major project;EMPC Act means the Environmental Management and Pollution Control Act 1994 ;EPA Board means the Board of the Environment Protection Authority established by section 13 of the EMPC Act;EPA Director means the Director, Environment Protection Authority, appointed under section 18 of the EMPC Act;final advice, in relation to a participating regulator, means the notice given under section 60ZZF(1) to the Panel, in relation to a major project, by the participating regulator;final assessment report, in relation to a major project, means the final assessment report prepared under section 60ZZN in relation to the major project;Heritage Council means the Tasmanian Heritage Council established by section 5 of the Historic Cultural Heritage Act 1995 ;initial assessment report, in relation to a major project, means the initial assessment report prepared under section 60ZZA(1) in relation to the major project;major project means a project to which a declaration of a major project relates;[Section 60B Subsection (1) amended by No. 33 of 2022, s. 5, Applied:17 May 2023] major project impact statement, in relation to a major project, means –(a) except if paragraph (b) or (c) applies, a major project impact statement, in relation to the major project, provided to the Panel under section 60ZS(1) ; or(b) except if paragraph (c) applies, if a major project impact statement in relation to the major project is provided to the Panel under section 60ZV(6) – that major project impact statement; or(c) if a major project impact statement in relation to the major project is provided to the Panel under section 60ZZZAA(7)(a) – that major project impact statement;[Section 60B Subsection (1) amended by No. 33 of 2022, s. 5, Applied:17 May 2023] major project proposal, in relation to a proposed major project, means –(a) except if paragraph (b) or (c) applies, a major project proposal that, under section 60E(1) , accompanies a proposal for a declaration in relation to the proposed major project or that is provided to the Minister under section 60E(3) ; or(b) except if paragraph (c) applies, if an amended major project proposal in relation to the project is provided under section 60G(3) – that major project proposal; or(c) if there is an amended major project proposal provided under section 60ZH(2) in relation to the project – that major project proposal;notice recommending revocation, in relation to a major project, means a notice recommending revocation, as defined in section 60ZA(7) , that is given under section 60ZA(1)(c) in relation to the major project;Panel, in relation to a major project, means the Development Assessment Panel established under section 60V in relation to the major project;participating regulator, in relation to a major project, means a relevant regulator who is, under section 60ZB , a participating regulator in relation to the project;particular purpose zone means –(a) a zone called a particular purpose zone in the provisions of the planning scheme in which the zoning appears; or(b) a group of provisions, in a planning scheme, consisting of –(i) a zone that is particular to an area of land; and(ii) the provisions that are to apply in relation to that zone;[Section 60B Subsection (1) amended by No. 33 of 2022, s. 5, Applied:17 May 2023] pipeline licensee has the same meaning as in the Gas Industry Act 2019 ;preliminary advice, in relation to a participating regulator, means preliminary advice provided by the regulator under section 60ZY(1) ;project-associated Act means –(a) the Aboriginal Heritage Act 1975 ; and(b) the Environmental Management and Pollution Control Act 1994 ; and(c) the Historic Cultural Heritage Act 1995 ; and(d) the Nature Conservation Act 2002 ; and(e) the Threatened Species Protection Act 1995 ; and(f) any regulations under an Act referred to in this definition;project-related permit means a permit, authority, licence, certificate, determination or permission, or other authorisation, however described (other than an environmental licence, within the meaning of the EMPC Act) that, further to an application under a project-associated Act, is or may be issued, granted or given under a project-associated Act;proponent, in relation to –(a) a project, or a major project, that consists of one or more uses or developments to be undertaken by the one person – means the person from time to time proposing the project; or(b) a project, or a major project, that consists of 2 or more uses or developments that are proposed to be undertaken by different persons – means the person proposing the project or major project as a whole or, if there is more than one such person, a person who is nominated under subsection (2) to be the proponent in relation to the project for the purposes of this Act;proposal for a declaration means –(a) a proposal made to the Minister under section 60C(1) ; or(b) a proposal made by the Minister under section 60C(2) ;relevant planning authority, in relation to a project or a major project, means –(a) a planning authority for the relevant planning scheme; and(b) after the declaration of a major project, if all or part of the project or major project is not to be situated in a municipal area – the planning authority specified under section 60Q(5) in relation to the major project;relevant planning scheme, in relation to a project or major project, means a planning scheme that applies in relation to all or part of the land on which the project or major project is situated or is to be situated;relevant regulated entity has the same meaning as in section 56N of the Water and Sewerage Industry Act 2008 ;relevant regulator, in relation to a major project, means a person or entity that is a relevant regulator in relation to the major project under section 60Z ;relevant State entity means –(a) a State Service Agency; and(b) a Government Business Enterprise, within the meaning of the Government Business Enterprises Act 1995 ; and(c) a State-owned Company, within the meaning of the Audit Act 2008 ;site-specific qualifications means a provision, or provisions, in a planning scheme, that –(a) are referred to in the planning scheme as site-specific qualifications; and(b) only apply in relation to a particular area of land specified in the planning scheme; and(c) modify, are in substitution for, or are in addition to, the requirements of the planning scheme that would otherwise apply in relation to the land;specific area plan means a plan referred to as a specific area plan in the provision of the planning scheme in which the plan appears;State-owned company means a company which is incorporated under the Corporations Act and which is controlled by –(a) the State; or(b) a State authority; or(c) another company which is itself controlled by the State or a State authority;Tasmanian Government Business means –(a) a Government Business Enterprise within the meaning of the Government Business Enterprises Act 1995 ; and(b) a State authority; and(c) a State-owned company; and(d) the Corporation, within the meaning of the Water and Sewerage Corporation Act 2012 .(2) If a project or major project is to consist of 2 or more uses or developments that are proposed to be undertaken by different persons, those persons may, by notice to the Minister, nominate a person to be the proponent of the project, or major project, for the purposes of this Act.
Subdivision 2 - Proposals for major project declarations and major project proposals[Subdivision 2 of Division 2A of Part 4 Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020]
60BA. Information about sensitive matters
[Section 60BA Inserted by No. 33 of 2022, s. 6, Applied:17 May 2023](1) A proponent of a project must make to each relevant regulator a sensitive matters request in relation to the project –(a) before a proposal is made by a person under section 60C(1) or (2) that the project be declared to be a major project; and(b) before making a request under section 60TC(1) in relation to the project; and(c) before a person makes under section 60ZZW(1) or section 60ZZZ(2) an application for an amendment, or a significant amendment, to a major project permit in relation to the project.(2) A sensitive matters request, in relation to a project, made to a relevant regulator by a proponent of the project, is a notice by the proponent to the relevant regulator –(a) specifying –(i) if subsection (1)(a) or (c) applies to the proponent – the area of land to which the project is to relate; or(ii) if subsection (1)(b) applies to the proponent – the additional area of land to which the project is to relate; and(b) including –(i) a general description of the nature of the project; or(ii) if subsection (1)(c) applies to the proponent – a copy of the proposed amendment, or proposed significant amendment, to which that subsection relates; and(c) requesting the relevant regulator to advise the proponent whether sensitive matter is likely to be contained in any category of information that may be provided under this Division, to the Panel or a person, by –(i) the relevant regulator; or(ii) the proponent; or(iii) a person, if any, who is intending to make under section 60C(1) or (2) a proposal that a project be declared to be a major project; or(iv) a person, if any, who is proposing to apply for the amendment, or significant amendment, to which subsection (1)(c) applies.(3) For the purposes of this section, sensitive matter is likely to be contained in a category of information if –(a) information within the category of information is culturally sensitive; or(b) were information within the category of information available to members of the public, there might be a risk of harm to an object, or land, to which the Aboriginal Heritage Act 1975 relates.(4) A relevant regulator that receives a sensitive matters request from a proponent must, within 35 days, by notice to the proponent, give to the proponent a sensitive matter advice.(5) A sensitive matter advice from a relevant regulator to a proponent is to contain advice as to whether the relevant regulator considers that sensitive matter is likely to be contained in a category of information that is to be provided under this Division, to the Panel or a person, by –(a) the relevant regulator; or(b) the proponent; or(c) a person, if any, who is intending to make under section 60C(1) or (2) a proposal that a project be declared to be a major project; or(d) a person, if any, who is proposing to apply for the amendment, or significant amendment, to which subsection (1)(c) applies.(6) If the relevant regulator considers that sensitive matter is likely to be contained in a category of information referred to in subsection (5) , the sensitive matter advice from a relevant regulator to a proponent is to specify, in the sensitive matter advice, the category of information.(7) A relevant regulator that gives to a proponent a sensitive matter advice under subsection (4) in relation to a project must provide a copy of the sensitive matter advice to –(a) the Minister; and(b) the Commission; and(c) the Panel, if any, in relation to the project.(8) If a category of information is, in accordance with subsection (6) , specified in a sensitive matter advice given under subsection (4) , then, despite any other provision of this Act or any other Act, any information that is within the category of information –(a) must not be included, in a document given to another person under this Act, that a member of the public is able to view under a provision of this Act, unless the information is not able to be viewed by a member of the public; and(b) must not be disclosed in any meeting, or hearing, under this Act, that a member of the public may attend; and(c) must not be disclosed in any discussion between –(i) a member of the public; and(ii) the proponent, the Minister, a relevant regulator, a member of the Panel or the Commission; and(d) must not be disclosed during proceedings of the Tasmanian Civil and Administrative Tribunal or a court, unless the Tribunal, or court, respectively, has been advised as to whichever of the following is appropriate:(i) the information is culturally sensitive;(ii) were the information available to members of the public, there might be a risk of harm to an object, or land, to which the Aboriginal Heritage Act 1975 relates.(9) If a category of information is, in accordance with subsection (6) , specified in a sensitive matter advice given under subsection (4) –is to include a sensitive matters statement able to be viewed by members of the public.(a) the declaration of a major project; and(b) an amendment to the declaration of a major project made under section 60TG(2) to which relates the sensitive matter advice given under subsection (4) ; and(c) any other document that a member of the public is able to view under a provision of this Division –(10) For the purposes of subsection (9) , a sensitive matters statement to be included in a document is a statement that the document contains information, relating to a sensitive matter, that –(a) is not able to be viewed by a member of the public; and(b) must not be disclosed in any meeting, or hearing, under this Act, that a member of the public may attend; and(c) must not be disclosed in any discussion between –(i) a member of the public; and(ii) the proponent, the Minister, a relevant regulator, a member of the Panel or the Commission; and(d) must not be disclosed during proceedings of the Tasmanian Civil and Administrative Tribunal or a court, unless the Tribunal, or court, respectively, has been advised as to whichever of the following is appropriate:(i) the information is culturally sensitive;(ii) were the information available to members of the public, there might be a risk of harm to an object, or land, to which the Aboriginal Heritage Act 1975 relates.
60C. Proposal that project be declared major project
[Section 60C of Part 4 Inserted by No. 43 of 2009, s. 11, Applied:01 Jan 2010] [Section 60C Subsection (8) substituted by No. 59 of 2013, s. 25, Applied:01 Jan 2014] [Section 60C Subsection (8) substituted by No. 47 of 2015, s. 21, Applied:17 Dec 2015] [Section 60C Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) A proponent of a project, or a planning authority in relation to an area of land to which a project is to relate, may, by notice in writing to the Minister, make a proposal that the project be declared to be a major project.(2) The Minister may, in writing, make a proposal that a project be declared to be a major project.(3) A proposal for the purposes of this section must consist of use and development.(4) A proposal that a project be declared to be a major project is to –(a) specify the area of land to which the project is to relate; and(b) include a general description of the nature of the project.(5) A proponent or a planning authority may, by notice to the Minister, withdraw a proposal made under subsection (1) by the proponent or planning authority, respectively.(6) The Minister may, in writing, withdraw a proposal made by the Minister under subsection (2) .
60D. Effect, of proposal for a declaration, on permit applications, referrals and project-associated Acts
[Section 60D of Part 4 Inserted by No. 43 of 2009, s. 11, Applied:01 Jan 2010] [Section 60D Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) In this section –applicable use or development means a use or development that is part of a project to which a proposal for a declaration relates;decision-maker, in relation to an application under a project-associated Act for a project-related permit, means the person to whom the application is made under that Act;referral means any of the following:(a) the giving to the Heritage Council, under section 36(2) of the Historic Cultural Heritage Act 1995 , of a copy of a permit application, within the meaning of section 32 of that Act, if the permit application relates to an applicable use or development;(b) the referral, to the EPA Board under Part 3 of the EMPC Act, of an application for a permit under this Act, if the application relates to an applicable use or development;(c) the giving under section 56O(1) of the Water and Sewerage Industry Act 2008 of notice of an application that relates to an applicable use or development;(d) [Section 60D Subsection (1) amended by No. 33 of 2022, s. 7, Applied:17 May 2023] the referral to a pipeline licensee under section 51 of the Gas Industry Act 2019 of notice of an application that relates to an applicable use or development;referred entity means –(a) the EPA Board; and(b) the Heritage Council; and(c) a pipeline licensee; and(d) a relevant regulated entity;relevant time, in relation to –(a) an application for an ordinary permit that is made in respect of all or part of the land to which a proposal for a declaration in relation to a project relates – means the day on which the relevant planning authority –whichever day is earlier; or(i) makes under section 60C(1) the proposal for a declaration in relation to the project; or(ii) is notified under section 60I(1) of the proposal for a declaration in relation to the project; or(iii) is requested in a notice under section 60H(1) to provide information in relation to the project –(b) an application under a project-associated Act for a project-related permit that is made in respect of all or part of the land to which a proposal for a declaration relates – means the day on which the major project to which the application relates is referred to the relevant regulator under section 60Y(1)(a) .(2) Subsection (3) applies to an application for an ordinary permit or an application under a project-associated Act for a project-related permit (other than such an application to which section 60ZT(2) applies), if the application relates to all or part of the land to which a proposal for a declaration relates and the application has been –(a) made to a planning authority, or the decision-maker, respectively, before the relevant time in relation to the application but has not been determined by the planning authority, or the decision-maker, respectively, before the relevant time; or(b) made after the relevant time and before a declaration is made under section 60O or the proposal for a declaration is withdrawn, or taken to be withdrawn, under section 60C(5) or (6) .(3) If this subsection applies to an application for an ordinary permit or an application under a project-associated Act for a project-related permit –(a) the planning authority, or the decision-maker, to which the application is made must not determine the application; and(b) the planning authority, or the decision-maker, to which the application is made must not make a referral in relation to the application; and(c) any referred entity to which a referral in relation to the application has been made must cease to take any action that, but for this section, the referred entity would be required to take because of the referral.(4) Subsection (3) ceases to apply in relation to an application, or a referral, in respect of all or part of the land to which a proposal for a declaration in relation to a project relates, when –(a) a declaration is made under section 60O(1)(b) that the project is not to be a major project; or(b) the proposal for a declaration is withdrawn, or taken to have been withdrawn, under section 60C(5) or (6) .(5) A determination of –is void if it is made, in contravention of that subsection, while that subsection applies to the application.(a) an application for an ordinary permit to which subsection (3) applies; or(b) an application under a project-associated Act for a project-related permit to which subsection (3) applies –(6) If –the application, and any referral in relation to the application, is to be taken, for the purposes of the calculation of the number of days, after the application or referral is made, in which an action is required under this Act or a project-associated Act to be taken because the application or referral is made, to have been made on the re-start day.(a) subsection (3) applied to an application for an ordinary permit, or an application under a project-associated Act for a project-related permit, in relation to a project; and(b) that subsection ceases to apply to the application on a day (the re-start day) –
60E. Major project proposal required
[Section 60E of Part 4 Inserted by No. 43 of 2009, s. 11, Applied:01 Jan 2010] [Section 60E Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) [Section 60E Subsection (1) amended by No. 33 of 2022, s. 8, Applied:17 May 2023] A proponent of a project who makes under section 60C(1) a proposal that the project be declared to be a major project is to provide to the Minister, at the same time, a major project proposal in relation to the project.(2) [Section 60E Subsection (2) amended by No. 33 of 2022, s. 8, Applied:17 May 2023] If a planning authority or the Minister makes under section 60C(1) or (2) a proposal that a project be declared to be a major project, the Minister, by notice to the proponent of the project, may require the proponent to provide to the Minister a major project proposal in relation to the project within the period specified in the notice.(3) A proponent in relation to a project to whom a notice is given under subsection (2) is, within the period specified in the notice or a longer period allowed by the Minister, to take all reasonable steps to provide a major project proposal to the Minister.(4) If a proponent in relation to a project fails to comply with subsection (3) , an application for a permit in relation to a use or development to which the project relates may not, except with the approval of the Minister, be made by any person within the 2-year period after the day on which the notice under subsection (2) is given to the proponent, if the use or development –(a) is the same as, or substantially the same as, a use or development to which the project relates or related; and(b) would be carried out on all or part of the area of land to which the project relates or related.
60F. Contents of major project proposal
[Section 60F of Part 4 Inserted by No. 43 of 2009, s. 11, Applied:01 Jan 2010] [Section 60F Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) A major project proposal in relation to a project is to contain the following information:(a) the name and contact details of the proponent of the project;(b) details of the proponent's experience and of the proponent's financial capacity to implement the project;(c) the name of the project;(d) subject to subsection (2) , a description of the project, including –(i) the activities that are proposed to be carried out as part of the project after the construction phase of the project is completed; and(ii) the proposed uses or developments that are proposed to occur in relation to the project;(e) a map, or description, indicating the location of the proposed land on which the project is to be situated and, subject to subsection (2) , a plan indicating generally areas on that land on which uses or developments in relation to the project are proposed to occur;(f) a general description of the physical features of –(i) the areas of land on which the project is to be situated; and(ii) the areas of land, in the vicinity of the areas of land on which the project is to be situated, that it is anticipated may be affected by the project;(g) the anticipated effect, if any, on other areas of land that are in the vicinity of the areas of land on which the project is to be situated, of the project or infrastructure associated with the project;(h) the key environmental, health, economic, social and heritage effects of the project that the proponent has identified and, if the effects may be detrimental, the measures that the proponent proposes to take to mitigate those effects;(i) the surveys, and studies, proposed or being undertaken in respect of the project;(j) the proposed timetable for the completion of the construction phase of the project;(k) whether the project is a bilateral agreement project;(l) a statement as to why the Minister ought to be of the opinion that the project is eligible under section 60M to be declared a major project;(m) an assessment of the extent to which the project complies with the requirements of the relevant planning scheme and a statement as to the amendments, if any, that would be required to be made to an LPS in order for the project to so comply;(n) information as to the consents referred to in section 60P(2) that have been obtained;(o) details of any consultation, with persons who may have an interest in whether the project is implemented, that has occurred or is proposed to occur;(p) details of any feasibility assessment that has been undertaken, in relation to the project, by the proponent;(q) any other information that is prescribed to be required to be provided for the purposes of this section.(1A) [Section 60F Subsection (1A) inserted by No. 33 of 2022, s. 9, Applied:17 May 2023] A major project proposal in relation to a project may include a statement specifying –(a) that one or more preliminary studies, specified in the statement, may be required to be carried out before assessment criteria are determined under section 60ZM(1) in relation to the project; and(b) why each of the preliminary studies is required to be carried out before assessment criteria are determined under section 60ZM(1) in relation to the project.(2) If a project to which a declaration of a major project is to relate includes transport infrastructure, water or sewerage infrastructure, energy infrastructure or communications infrastructure –(a) the description, referred to in subsection (1)(d) , is to be a general description of –(i) the activities that are proposed to be carried out as part of the project after the construction phase of the project is completed; and(ii) the proposed uses or developments that are proposed to occur in relation to the project; and(b) the plan, referred to in subsection (1)(e) , is to be a plan setting out generally the types of infrastructure and the areas within any part of which such infrastructure may be situated.(3) The reference in subsection (1)(g) to the anticipated effect, on other areas of land, of the project or infrastructure associated with the project, includes –(a) the anticipated effect on areas that are within, as well as areas that are outside, the regional area in which the project is to be situated; and(b) the anticipated effect on the provision of physical, social and other infrastructure in those other areas.
60G. Minister may request proponent to provide amended major project proposal
[Section 60G of Part 4 Inserted by No. 43 of 2009, s. 11, Applied:01 Jan 2010] [Section 60G Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) The Minister, by notice to a proponent of a project, may request the proponent to provide to the Minister, within the period specified in the notice, the proponent's major project proposal, as provided to the Minister under section 60E , amended so as to incorporate the information specified in the notice as being required to be so incorporated.(2) Information may only be requested under subsection (1) to be incorporated in a major project proposal –(a) before the Minister makes a declaration of a major project under section 60O(1) ; and(b) if it is reasonably necessary to enable the Minister to determine whether or not to make a declaration of a major project.(3) A proponent to whom a notice is given under subsection (1) is to take all reasonable steps to provide to the Minister, within the period specified in the notice, the proponent's major project proposal, amended so as to incorporate the information specified in the notice.(4) If –the proposal is taken to be withdrawn by the proponent under section 60C(5) .(a) a copy of the major project proposal in relation to a proposed major project, amended so as to incorporate the information specified in a notice under subsection (1) , is not provided to the Minister within the period specified in the notice; and(b) the proposal for a declaration in relation to the project was made by the proponent under section 60C(1) –(5) Subsection (6) applies in relation to a major project proposal if –(a) a copy of the major project proposal in relation to a proposed major project, amended so as to incorporate the information specified in a notice under subsection (1) , is not provided to the Minister within the period specified in the notice; and(b) the proposal for a declaration in relation to the project was made by the Minister or a planning authority under section 60C(1) or (2) .(6) If this subsection applies in relation to a major project proposal –(a) the proposal is taken to be withdrawn by the Minister under section 60C(6) ; and(b) an application for a permit in relation to a use or development may not, except with the approval of the Minister, be made by any person within the 2-year period after the day on which the notice under subsection (1) was given, if the use or development –(i) is the same as, or substantially the same as, a use or development to which the project relates or related; and(ii) would be carried out on all or part of the area of land to which the project relates or related.
60H. Minister may request information from council or relevant State entity
[Section 60H of Part 4 Inserted by No. 43 of 2009, s. 11, Applied:01 Jan 2010] [Section 60H Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) The Minister, by notice to a council or relevant State entity, may request the council or relevant State entity to provide to the Minister, within the period specified in the notice, the information, specified in the notice, that is in the possession of the council, or relevant State entity, respectively.(2) Information may only be requested under subsection (1) –(a) before the Minister makes a declaration of a major project under section 60O(1) ; and(b) if it is reasonably necessary to enable the Minister to determine whether or not to make a declaration of a major project.(3) A council, or the Secretary, or chief executive officer, of a relevant State entity, to which a notice is given under subsection (1) is to take all reasonable steps to provide to the Minister, within the period specified in the notice, the information specified in the notice.(4) Without limiting the generality of subsection (1) , the information that may be requested under that subsection includes information as to any further approvals, permissions, licences, or authorities, however described, that, in addition to a project-related permit, may be required to be obtained by the proponent under an Act in order for the project, or activities for the purposes of the project, to be lawfully implemented or conducted.
60I. Persons to be notified of proposal for declaration and given major project proposals
[Section 60I of Part 4 Inserted by No. 43 of 2009, s. 11, Applied:01 Jan 2010] [Section 60I Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) The Minister, within 7 days after a proposal for a declaration is made, must notify of the proposal for a declaration –(a) the proponent, if the proponent did not make under section 60C(1) the proposal for a declaration; and(b) each owner of all or part of the land to which the proposal for a declaration relates, if the owner is not the proponent of the project to which the proposal relates; and(c) the owners of, the occupiers of, and the lessees of, any part of land adjoining the land on which the project is to be situated; and(d) the council that is the relevant planning authority in relation to the project to which the proposal relates, if the relevant planning authority did not make under section 60C(1) the proposal for a declaration; and(e) each council that is not a relevant planning authority in relation to the project to which the proposal relates but that is the council for a municipal area that is in the regional area, or regional areas, in which the project is to be situated; and(f) each relevant State entity that the Minister considers may have an interest in the proposal for a declaration; and(g) the Commission; and(h) any other person, or class of persons, that is prescribed.(2) If the Minister is satisfied that the Minister will not be issuing a notice, or another notice, under section 60G(1) in relation to a project, the Minister must provide a copy, of the major project proposal, in relation to the project, that is last provided to the Minister under section 60E(1) , section 60E(3) or section 60G(3) , to –(a) each owner of all or part of the land to which the proposal for a declaration relates, if the owner is not the proponent of the project to which the proposal relates; and(b) the owners of, the occupiers of, and the lessees of, any part of land adjoining the land on which the project is to be situated; and(c) the council that is the relevant planning authority in relation to the project; and(d) each relevant State entity that the Minister considers may have an interest in the proposal.(3) A council or a relevant State entity that is provided under this section with a major project proposal in relation to a project may, within 28 days, by notice in writing to the Minister, advise the Minister as to –(a) whether the council or relevant State entity considers that the Minister ought not to be of the opinion that the project is eligible to be declared to be a major project; and(b) the reasons why the council or relevant State entity is of that opinion.(4) A person who –may, within 28 days, by notice in writing to the Minister, advise the Minister why he or she does not wish the project to be declared to be a major project.(a) is an owner, occupier or lessee of any part of the land to which the proposal for a declaration relates or an owner, occupier or lessee of any part of land adjoining the land on which a project to which such a declaration relates is to be situated; and(b) is provided under this section with a major project proposal in relation to the project –(5) If the Minister is satisfied that the Minister will not be issuing a notice, or another notice, under section 60G(1) in relation to a project, the Minister must notify the proponent that the Minister is not intending that the major project proposal, in relation to the project, that is last provided to the Minister under section 60E(1) , section 60E(3) or section 60G(3) is to be required to be further altered.(6) A proponent of a project, to which a proposal for a declaration relates, who did not make the proposal for a declaration, may, by notice in writing to the Minister given within 28 days after being notified under subsection (5) , advise the Minister why the proponent does not wish the project to be declared to be a major project.
Subdivision 3 - Determination guidelines[Subdivision 3 of Division 2A of Part 4 Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020]
[Section 60J of Part 4 Inserted by No. 43 of 2009, s. 11, Applied:01 Jan 2010] [Section 60J Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) The Commission must issue guidelines, (determination guidelines) in relation to proposals under section 60C for declarations of major projects.(2) The Commission must issue guidelines under subsection (1) before the end of the 6-month period after the day on which this section commences or a longer period allowed by the Minister.(3) Determination guidelines may only be issued under subsection (1) if they are not inconsistent with this Act.(4) The Commission, as soon as practicable after issuing determination guidelines –(a) must publish in the Gazette, and in a newspaper that is published, and circulates generally, in Tasmania, a notice specifying –(i) that the determination guidelines have been issued; and(ii) that copies of the guidelines may be viewed at a place specified in the notice and viewed and downloaded at the electronic address of the Commission specified in the notice; and(b) must ensure that copies of the determination guidelines, while in force, are available –(i) for viewing by members of the public at the place specified in the notice; and(ii) for viewing and downloading at an electronic address of the Commission specified in the notice.(5) Determination guidelines issued under subsection (1) are of no effect until the notice in relation to the guidelines is published in the Gazette under subsection (4) .
60K. Contents of determination guidelines
[Section 60K of Part 4 Inserted by No. 43 of 2009, s. 11, Applied:01 Jan 2010] [Section 60K Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) Determination guidelines are to provide guidance to the Minister as to the matters to which the Minister is to have regard in determining under section 60O whether to declare projects to be major projects.(2) The determination guidelines are to be of general application to projects that may be declared to be major projects, rather than to be of application only to specific projects that may be declared to be major projects.(3) The determination guidelines are to provide guidance to the Minister in relation to all attributes referred to in section 60M .(4) Unless the contrary intention appears, the determination guidelines are not intended to limit the matters to which the Minister is to have regard in determining whether to declare projects to be major projects.(5) The determination guidelines must require the Minister to have regard to the extent to which a planning scheme demonstrates, in a specific area plan, particular purpose zone or site-specific qualifications, a detailed and specific intention, for the area of land, with which a project to which a proposal for a declaration relates is incompatible, so that it may not be suitable for such a project to be declared to be a major project in relation to the area of land.
[Section 60L of Part 4 Inserted by No. 43 of 2009, s. 11, Applied:01 Jan 2010] [Section 60L Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) The Commission may revoke the determination guidelines.(2) The Commission, as soon as practicable after revoking the determination guidelines, must publish in the Gazette, and in a newspaper that is published, and circulates generally, in Tasmania, a notice specifying that the determination guidelines have been revoked.(3) The revocation of determination guidelines under subsection (1) is of no effect until the notice of the revocation of the guidelines is published in the Gazette under subsection (2) .(4) The Commission, as soon as practicable after revoking the determination guidelines, must issue determination guidelines under section 60J(1) in their place.
Subdivision 4 - Declaration of major projects[Subdivision 4 of Division 2A of Part 4 Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020]
60M. When project is eligible to be declared to be major project
[Section 60M of Part 4 Inserted by No. 43 of 2009, s. 11, Applied:01 Jan 2010] [Section 60M Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) Subject to section 60N , a project is eligible to be declared to be a major project under section 60O if, in the opinion of the Minister, the project has 2 or more of the following attributes:(a) the project will have a significant impact on, or make a significant contribution to, a region’s economy, environment or social fabric;(b) the project is of strategic importance to a region;(c) the project is of significant scale and complexity.(2) For the purposes of subsection (1)(c) , in determining whether the project is of significant scale and complexity, the Minister is to consider –(a) the following matters:(i) the number of municipal areas that will be affected by the project or that contain land on which all or part of the project may be situated;(ii) whether 2 or more project-related permits would be required to be obtained in order for the project to proceed;(iii) the technical requirements of the project; and(b) whether the activities that are proposed to be carried out on the land after the construction phase of the project is completed are of interest to, or for the benefit of, a wider sector of the public than resides in the municipal area, or municipal areas, in which the project is to be situated.(3) The Minister may not form an opinion in relation to a project under subsection (1) until he or she has considered the advice, if any, provided under section 60I(3) in relation to the project.(4) A project that is to be situated on an area of land may be declared to be a major project even though a use or development that is proposed to form part of the project is prohibited under a relevant planning scheme.
60N. When project is ineligible to be declared to be major project
[Section 60N of Part 4 Inserted by No. 43 of 2009, s. 11, Applied:01 Jan 2010] [Section 60N Subsection (6) amended by No. 47 of 2015, s. 22, Applied:17 Dec 2015] [Section 60N Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) Despite section 60M , a project is not eligible to be declared to be a major project under section 60O if the project –(a) would not further the objectives specified in Schedule 1 ; or(b) would be in contravention of a State Policy; or(c) would be in contravention of the TPPs; or(d) would be inconsistent with a regional land use strategy that applies to the land on which the project is to be situated.(2) Despite section 60M , a project is not eligible to be declared to be a major project under section 60O if the project –(a) relates to a matter, or includes a use or development, referred to in section 11(3) ; or(b) relates to a matter, or includes a use or development, that is an EL activity within the meaning of the EMPC Act.
60O. Declaration of major project
[Section 60O of Part 4 Inserted by No. 43 of 2009, s. 11, Applied:01 Jan 2010] [Section 60O Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) The Minister, after a proposal for a declaration is made in relation to a project, must, by notice in the Gazette –(a) declare the project to be a major project; or(b) declare that the project is not to be a major project.(2) The Minister is to make a declaration under subsection (1) in relation to a project –whichever period ends last.(a) within the 28-day period from the day on which he or she receives under section 60E(1) or (3) or section 60G(3) a major project proposal in relation to the major project; or(b) within the 14-day period from the end of the 28-day period in which a person may provide advice under section 60I in relation to a proposal for a declaration in relation to the project; or(c) within the 14-day period from the latest day on which he or she receives further information in relation to the project under section 60H(3) –(3) In determining whether to declare a project to be a major project, the Minister is to have regard to the determination guidelines, if any.(4) The Panel may, by notice in the Gazette, correct –(a) a clerical mistake, or an error arising from any accidental slip or omission in a declaration of a major project; or(b) an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in a declaration of a major project.
60P. Circumstances in which declaration of major project may be made
[Section 60P of Part 4 Inserted by No. 43 of 2009, s. 11, Applied:01 Jan 2010] [Section 60P Subsection (1) amended by No. 51 of 2012, Sched. 2, Applied:01 Jul 2013] [Section 60P Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) The Minister may only declare a project to be a major project under section 60O if –(a) the Minister considers the project to be eligible under section 60M to be declared such a project; and(b) the Minister has considered the advice, if any, provided in relation to the project under section 60I .(2) The Minister may only declare a project to be a major project under section 60O –(a) if all or part of the land on which the project is to be situated is Crown land, within the meaning of the Crown Lands Act 1976 – with the consent of the Minister to whom the administration of that Act is assigned; or(b) if all or part of the land on which the project is to be situated is land owned by a council – with the consent of the council; or(c) if all or part of the land on which the project is to be situated is in Wellington Park – with the consent of the Wellington Park Management Trust.(3) The Minister may only declare a project to be a major project under section 60O if –have been given notice in writing of the proposal for a declaration in relation to the major project.(a) where all or part of the land on which the project is to be situated is land of which the proponent is not the owner – the owner, or owners, of the land; and(b) where all or part of the land on which the project is to be situated is land that is not owned by a council but is occupied or administered by a council – the council –
60Q. Contents of declaration of major project
[Section 60Q of Part 4 Inserted by No. 43 of 2009, s. 11, Applied:01 Jan 2010] [Section 60Q Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) A declaration of a major project must include –(a) a map, or description, indicating the location of the land on which the project is to be situated; and(b) subject to subsection (2) , a description of the project, including –(i) the activities that are proposed to be carried out as part of the project after the construction phase of the project is completed; and(ii) the proposed uses or developments that are proposed to occur in relation to the project; and(c) subject to subsection (2) , a plan indicating generally the areas, on the land on which the project is to be situated, on which proposed uses or developments in relation to the project are to occur; and(d) the name of the proponent of the major project; and(e) the attributes of the project specified in section 60M(1) , which, in the opinion of the Minister, are such that the project is eligible to be declared to be a major project.(2) If a project to which a declaration of a major project is to relate includes transport infrastructure, water or sewerage infrastructure, energy infrastructure or communications infrastructure –(a) the description, referred to in subsection (1)(b) , is to be a general description of –(i) the activities that are proposed to be carried out as part of the project after the construction phase of the project is completed; and(ii) the proposed uses or developments that are proposed to occur in relation to the project; and(b) the plan, referred to in subsection (1)(c) , is to be a plan setting out generally the types of infrastructure and the areas of the land within any part of which such infrastructure may be situated.(3) The Minister, in a declaration of a major project, may include a statement –(a) specifying the particular qualifications or experience that the Minister considers ought to be possessed by at least one member of the Panel in relation to the major project; and(b) requiring the Commission to, under section 60W(4) , appoint to be a member of the Panel at least one person who possesses such qualifications or experience.(4) The Minister may include in a declaration of a major project any use or development that is necessary for the implementation of the major project, whether or not the use or development is to be undertaken by or on behalf of the proponent named in the declaration or by and on behalf of another person.(5) The Minister may, in a declaration of a major project in relation to a major project that is to take place on an area of land all or part of which is not within any municipal area, specify that a planning authority nominated in the declaration is to be the planning authority in relation to the major project.(6) The Minister may only specify in a declaration of a major project a planning authority for the purposes of subsection (5) if the planning authority is the planning authority for a municipal area that is within a regional area that is adjacent to the area of land on which the major project is to be situated in whole or in part.(7) If the Minister specifies in a declaration of a major project, in accordance with subsection (5) , that a planning authority is the planning authority for a municipal area, the planning authority is, for the purposes of this Division, a relevant planning authority in relation to the major project.
60R. Notice to be given of declaration of major project
[Section 60R of Part 4 Inserted by No. 43 of 2009, s. 11, Applied:01 Jan 2010] [Section 60R Subsection (2) amended by No. 51 of 2012, Sched. 2, Applied:01 Jul 2013] [Section 60R Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) The Minister, within 7 days after a declaration of a major project is made in relation to a project, or within 7 days after a declaration is made under section 60O(1)(b) that a project is not to be a major project, is to notify, in writing –(a) the proponent of the project; and(b) if the proponent is not the owner of all the land on which the project is or was to be situated – the owners of the parts of the land that the proponent does not own; and(c) the owners of, the occupiers of, and the lessees of, any part of land adjoining the land on which the project is or was to be situated; and(d) the council that is a relevant planning authority in relation to the project; and(e) each council that is not a relevant planning authority in relation to the project but that is the council for a municipal area that is in the regional area, or regional areas, in which the project is or was to be situated; and(f) if the project is or was to be situated on an area of land that is not within any municipal area – all councils for an area of land in a regional area that is adjacent to the area of land in which the project is or was to be situated; and(g) the Commission; and(h) each State Service Agency, or Tasmanian Government Business, that the Minister considers may have an interest in relation to a matter to which the project relates; and(i) if the land on which the project is or was to be situated is situated in Wellington Park – the Wellington Park Management Trust; and(j) any other person, or class of persons, that is prescribed.(2) The Minister is to provide to the Commission, together with a notice under subsection (1) in relation to a declaration of a major project –(a) the major project proposal; and(b) any information, in relation to the major project, provided to the Minister under section 60H(3) .(3) The Minister must ensure that a notice specifying –is published in the Gazette and in a newspaper that is published, and circulates generally, in Tasmania.(a) that a declaration of a major project has been made; and(b) an electronic address, and an address of the Commission, where a copy of the declaration may be viewed –
60S. Effect on planning matters of declaration of major project
[Section 60S of Part 4 Inserted by No. 43 of 2009, s. 11, Applied:01 Jan 2010] [Section 60S Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) [Section 60S Subsection (1) substituted by No. 33 of 2022, s. 10, Applied:17 May 2023] A person must not undertake a use or development, on land to which a major project relates, that is –(a) the same as, or substantially the same as, a use or development to which the major project permit relates; and(b) a use or development for which, under a planning scheme that applies to the land, a permit is required –except if the use or development is under and in accordance with –(c) a major project permit in relation to the project; or(d) a permit that was in force immediately before the project was declared to be a major project.(2) [Section 60S Subsection (2) amended by No. 33 of 2022, s. 10, Applied:17 May 2023] Subsection (1) does not apply in relation to an activity if the activity is carried out in accordance with a project-related permit, notice or authority issued or granted under section 60SB , section 60ZT(2) or section 60ZU(2) or (4) .(3) Subsection (1) does not apply in relation to a use or development for the purposes of the Panel, or a relevant regulator, conducting an assessment under or for the purposes of this Division, and any such assessment is not to be taken to be in contravention of any provision of this Act or a planning scheme.(3A) [Section 60S Subsection (3A) inserted by No. 33 of 2022, s. 10, Applied:17 May 2023] Subsection (1) does not apply in relation to all, or part, of the area of land to which a major project permit relates, if a certificate of development completion has been issued under section 60SA(4) in relation to all of the area of land, or the part of the area of land, respectively.(4) If a declaration of a major project is made –(a) an application for an ordinary permit, in relation to a use or development forming all or part of the major project, that has been made to, but not determined by, the planning authority, is taken to have been withdrawn on the day on which the declaration is made; and(b) the planning authority to which the application was made must, as soon as practicable, refund to the applicant half of any fees that the applicant has paid in respect of the application.(5) [Section 60S Subsection (5) inserted by No. 33 of 2022, s. 10, Applied:17 May 2023] If a declaration of a major project is amended under section 60TG(2) so that the declaration also relates to an additional area of land –(a) an application for an ordinary permit, in relation to a use or development forming all or part of the major project, that –is taken to have been withdrawn on the day on which the declaration of a major project is amended under section 60TG(2) ; and(i) relates to the additional area of land; and(ii) has been made to, but not determined by, the planning authority, before the declaration of a major project is amended under section 60TG(2) –(b) the planning authority to which the application was made must, as soon as practicable, refund to the applicant half of any fees that the applicant has paid in respect of the application.
60SA. Certificate of development completion
[Section 60SA Inserted by No. 33 of 2022, s. 11, Applied:17 May 2023](1) A proponent of a major project in relation to which a major project permit has been granted may apply to the Commission for the issue of a certificate of development completion in relation to –(a) all of the area of land to which the major project permit relates; or(b) a part, of the area of land to which the major project permit relates, that is specified in the application.(2) If an application is made under subsection (1) , by a proponent of a major project, in relation to an area of land or a part of an area of land, the Commission must, within 21 days –(a) issue under subsection (4) a certificate of development completion in relation to the area of land, or the part of the area of land, respectively; or(b) refuse to issue a certificate of development completion in relation to the area of land, or the part of the area of land, respectively, and give notice, in writing, to the proponent, specifying –(i) that the Commission has refused to issue the certificate of development completion; and(ii) the reasons why the Commission has refused to issue the certificate of development completion.(3) If an application is made under subsection (1) , by a proponent of a major project, in relation to an area of land or a part of an area of land –(a) the Commission may request the proponent, by notice in writing, to provide to the Commission further information in relation to the application; and(b) if the Commission requests the proponent, by notice in writing, to provide further information in relation to the application, the period specified in subsection (2) does not run between –(i) the day on which the notice is given; and(ii) the day on which the information requested is provided to the Commission.(4) If the Commission is satisfied that –the Commission may issue a certificate of development completion in relation to all of the land, or the part of the land, respectively.(a) all development, to which a major project permit in relation to land relates, has been completed on all, or part, of the area of land to which the permit relates; or(b) no further such development is intended to occur, under a major project permit, on all or part of the area of land –(5) The Commission may issue under subsection (4) a certificate of development completion on its own motion or on an application made under subsection (1) .(6) The Commission must give a copy of a certificate of development completion, issued in relation to all, or part, of the area of land to which a major project permit relates, to –(a) the proponent of the major project in relation to the area of land; and(b) each landowner of a part of the area of land to which the certificate relates; and(c) the planning authority in relation to the area of land.
60SB. Project-related permit may be given to enable preliminary study activity
[Section 60SB Inserted by No. 33 of 2022, s. 11, Applied:17 May 2023](1) In this section –preliminary study activity means an activity for the purposes of a preliminary study that is specified in a statement included, in accordance with section 60F(1A) , in the major project proposal in relation to the major project.(2) A proponent of a major project may request the Commission to authorise under subsection (3) a preliminary study activity that is not permitted under a planning scheme unless there is a permit in relation to the activity.(3) The Commission may, within 21 days after receiving from a proponent of a major project a request under subsection (2) in relation to a preliminary study activity, authorise, on the conditions or restrictions that the Commission thinks fit, all or part of the activity to be carried out on land to which the major project relates.(4) A proponent of a major project may request a person or body, to whom an application for a project-related permit may be made under an Act, to issue to the proponent a project-related permit, authorising the carrying out of all or part of a preliminary study activity specified in the request.(5) A person or body to whom an application for a project-related permit may be made under an Act, must, within 21 days after receiving from a proponent of a major project a request under subsection (4) in relation to a preliminary study activity –(a) issue to the proponent a project-related permit under subsection (6) ; or(b) refuse to issue to the proponent a project-related permit under subsection (6) and give notice, in writing, to the proponent, specifying –(i) that the person or body has refused to issue a project-related permit; and(ii) the reasons why the person or body has refused to issue a project-related permit.(6) A person or body to whom an application for a project-related permit may be made under an Act, may, on receiving from a proponent of a major project a request under subsection (4) in relation to a preliminary study activity, issue to the proponent a project-related permit, authorising the carrying out of all or part of an activity specified in the request, as if –(a) the proponent had made under that Act a valid application for the permit; and(b) the permit may, under that Act, be issued, in respect of the activity, to the proponent.(7) A project-related permit may be issued in accordance with subsection (6) subject to the conditions or restrictions that may be imposed on the permit under the relevant project-associated Act.(8) An authorisation under subsection (3) , and a project-related permit issued in accordance with subsection (6) , in respect of an activity in relation to a major project, ceases to be in force on whichever of the following days occurs first:(a) the day on which the declaration of a major project in relation to the major project is revoked under section 60U ;(b) the day on which a major project permit is granted under section 60ZZM(1)(a) in relation to the major project, or, if the project-related permit relates to a matter that is required to be addressed in a major project impact statement that relates to a proposed amendment to a major project permit, after the amendment has been granted or refused;(c) the day on which the proponent is notified under section 60ZZM(1)(b) that the Panel has refused to grant a major project permit in relation to the major project.
60T. Effect on project-associated Acts, and relevant regulators, of declaration of major project
[Section 60T of Part 4 Inserted by No. 43 of 2009, s. 11, Applied:01 Jan 2010] [Section 60T Subsection (4) amended by No. 47 of 2015, s. 23, Applied:17 Dec 2015] [Section 60T Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) If a declaration of a major project is made on a day –(a) an application under a project-associated Act, for a project-related permit in relation to land to which the project relates, that has been made by or on behalf of the proponent but that has not been determined under that Act is taken to have been withdrawn under that Act on that day; and(b) each relevant regulator to which an application referred to in paragraph (a) has been made must, as soon as practicable, refund to the applicant half of any fees that the applicant has paid in respect of the application.(2) If a declaration of a major project is made, any referral, within the meaning of section 60D , that relates to the major project and that is made to a referred entity, within the meaning of that section, is to be taken to be void and of no effect.(3) [Section 60T Subsection (3) inserted by No. 33 of 2022, s. 12, Applied:17 May 2023] If a declaration of a major project is, on a day, amended under section 60TG(2) so that the declaration also relates to an additional area of land –(a) an application under a project-associated Act, for a project-related permit in relation to the additional area of land, that has been made by or on behalf of the proponent but that has not been determined under that Act is taken to have been withdrawn under that Act on that day; and(b) each relevant regulator to which an application referred to in paragraph (a) has been made must, as soon as practicable, refund to the applicant half of any fees that the applicant has paid in respect of the application; and(c) any referral, within the meaning of section 60D , that relates to the additional area of land and that is made to a referred entity, within the meaning of that section, is to be taken to be void and of no effect.
Subdivision 5 - Amendment and revocation of declaration of major project[Subdivision 5 of Division 2A of Part 4 Heading amended by No. 33 of 2022, s. 13, Applied:17 May 2023] [Subdivision 5 of Division 2A of Part 4 Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020]
60TA. Interpretation of Subdivision 5
[Section 60TA Inserted by No. 33 of 2022, s. 14, Applied:17 May 2023] In this Subdivision –additional area of land means an area of land specified in a request made under section 60TC(1) ;relevant advice body, in relation to a major project, means –(a) if a major project permit has not been granted in relation to the major project – the Panel; or(b) if a major project permit has been granted in relation to the major project – the Commission.
60TB. Grounds on which declaration of a major project may be amended
[Section 60TB Inserted by No. 33 of 2022, s. 14, Applied:17 May 2023](1) For the purposes of this Division, there are grounds to amend a declaration of a major project to which a request under section 60TC(1) relates so that the declaration also relates to an additional area of land, if –(a) the pre-assessment criteria circumstances apply in relation to the additional area of land; or(b) the pre-MPIS circumstances apply in relation to the additional area of land; or(c) the post-MPIS circumstances apply in relation to the additional area of land; or(d) the post-exhibition circumstances apply in relation to the additional area of land; or(e) the permit amendment circumstances apply in relation to the additional area of land.(2) For the purposes of this Division, the pre-assessment criteria circumstances apply in relation to an additional area of land to which a request under section 60TC(1) in relation to a declaration of a major project relates, if –(a) the additional area of land is a small area, relative to the area of land to which the declaration of a major project relates; and(b) draft assessment criteria have not been prepared under section 60ZK(1) in relation to the major project.(3) For the purposes of this Division, the pre-MPIS circumstances apply in relation to an additional area of land to which a request under section 60TC(1) in relation to a declaration of a major project relates, if –(a) the additional area of land is a small area, relative to the area of land to which the declaration of a major project relates; and(b) either –(i) draft assessment criteria have been prepared under section 60ZK(1) in relation to the major project; or(ii) assessment criteria have been determined under section 60ZM(1) in relation to the major project; and(c) the major project impact statement in relation to the major project has not been provided to the Panel under section 60ZS .(4) For the purposes of this Division, the post-MPIS circumstances apply in relation to an additional area of land to which a request under section 60TC(1) in relation to a declaration of a major project relates if –(a) the additional area of land is a small area, relative to the area of land to which the declaration of a major project relates; and(b) the major project impact statement in relation to the major project has been provided to the Panel under section 60ZS ; and(c) the public exhibition under Subdivision 12 in relation to the major project has not commenced.(5) For the purposes of this Division, the post-exhibition circumstances apply in relation to an additional area of land to which a request under section 60TC(1) in relation to a declaration of a major project relates, if –(a) the additional area of land is a small area, relative to the area of land to which the declaration of a major project relates; and(b) there is no major project permit in relation to the major project; and(c) either –suggests that it is necessary or desirable for the additional land to form part of the area of land to which the declaration of a major project relates.(i) a representation made under section 60ZZD(1) , or at a hearing under section 60ZZE , in relation to the major project, or(ii) information provided by the proponent at a hearing under section 60ZZE in relation to the major project –(6) For the purposes of this Division, the permit amendment circumstances apply in relation to an additional area of land to which a request under section 60TC(1) in relation to a declaration of a major project relates, if –(a) the additional area of land is a small area, relative to the area of land to which the declaration of a major project relates; and(b) the request under section 60TC(1) is accompanied, in accordance with section 60TC(3)(f) , by an application that relates to a proposed amendment, or a proposed significant amendment, of a major project permit, that relates to the additional area of land; and(c) the proposed amendment, or proposed significant amendment, to the major project permit is sought by the proponent because the proponent is of the opinion that an alteration to –is necessary or desirable to fulfil one or more of the purposes of the major project.(i) the uses or developments to which the major project permit relates; or(ii) the design of the major project –
60TC. Request for declaration of a major project to be amended to include additional area of land
[Section 60TC Inserted by No. 33 of 2022, s. 14, Applied:17 May 2023](1) A proponent of a major project may, in writing, request the relevant advice body in relation to the major project to advise the Minister that it is appropriate to amend a declaration of a major project so that the declaration also relates to an additional area of land (the additional area of land).(2) A proponent of a major project may make a request under subsection (1) in relation to an additional area of land, whether or not the additional area of land adjoins the area of land to which a declaration of a major project relates.(3) A request under subsection (1) , from a proponent of a major project, in relation to an additional area of land –(a) is to include a map, or description, indicating the location of the additional area of land; and(b) is to specify the reasons why the proponent is seeking the amendment; and(c) is to include a description of the uses or developments that the proponent proposes are to occur on the additional area of land (including any such use or development that may only occur if a major project permit is amended); and(d) is to include a plan indicating generally the areas, on the additional area of land, on which proposed uses or developments in relation to the major project are proposed to occur; and(e) is to specify which of the following circumstances referred to in section 60TB apply in relation to the additional area of land:(i) the pre-assessment criteria circumstances;(ii) the pre-MPIS circumstances;(iii) the post-MPIS circumstances;(iv) the post-exhibition circumstances;(v) the permit amendment circumstances; and(f) if the proponent specifies, for the purposes of paragraph (e) , the permit amendment circumstances – is to include a copy of the proposed application under section 60ZZW(1) , or section 60ZZZ , for the purposes of which the proponent requires the declaration of a major project to be amended so that the declaration also relates to an additional area of land; and(g) is to include any other information that the relevant advice body requests.(4) A relevant advice body that has received under subsection (1) a request from a proponent may, by notice to the proponent, request the proponent to provide to the relevant advice body information, or a document, specified in the notice, that the relevant advice body reasonably requires in order to determine the request.(5) The period specified in section 60TF(1) does not run during the period between the day on which a relevant advice body has given to a proponent a notice under subsection (4) and the day on which the relevant advice body receives from the proponent the information, or the document, specified in the notice.(6) A period specified in a provision in this Division (other than a provision in Subdivision 6 or this Subdivision) does not run during the period between the day on which a request is made under subsection (1) and whichever is the earlier of the following days:(a) the day on which the relevant advice body, in accordance with section 60TF(1) , notifies the proponent that the relevant advice body refuses to give advice to the Minister under that section;(b) the day on which the Minister, under section 60TG(1) –(i) amends the declaration of a major project; or(ii) notifies the relevant advice body and the proponent that the Minister refuses to amend the declaration of a major project.
60TD. Notification of request from proponent
[Section 60TD Inserted by No. 33 of 2022, s. 14, Applied:17 May 2023](1) A relevant advice body, on receiving under section 60TC(1) a request in relation to an additional area of land in relation to a major project, must, within 7 days, give a notice in relation to the request to each of the following persons:(a) each owner of all or part of the additional area of land or of land adjoining the additional area of land;(b) the owners of, the occupiers of, and the lessees of, the additional area of land or of land adjoining the additional area of land;(c) the council that is the relevant planning authority in relation to the major project;(d) each council that is not a relevant planning authority in relation to the major project but that is the council for a municipal area that is in the regional area, or regional areas, in which the project is to be situated;(e) each relevant State entity that the relevant advice body considers may have an interest in the additional area of land.(2) A notice to a person under subsection (1) in relation to a request under section 60TC(1) from a proponent of a major project must –(a) specify that the proponent has requested the relevant advice body to advise the Minister to amend a declaration of a major project so that the declaration also relates to an additional area of land; and(b) specify the additional area of land; and(c) specify –(i) the reasons specified in the request as to why the proponent is seeking the amendment; and(ii) the uses or developments that the proponent proposes are to occur on the additional area of land; and(d) invite the person to advise the relevant advice body, within 14 days after the notice is given to the person, as to the opinion of the person in relation to the proposed amendment of a declaration of a major project so that the declaration also relates to the additional area of land.(3) A person who receives a notice under subsection (1) in relation to a request under section 60TC(1) in relation to an additional area of land may, within 14 days, advise the relevant advice body as to the opinion of the person in relation to the proposed amendment of a declaration of a major project so that the declaration also relates to the additional area of land.
60TE. Relevant regulators to be notified of request to amend declaration of a major project
[Section 60TE Inserted by No. 33 of 2022, s. 14, Applied:17 May 2023](1) A relevant advice body, in relation to a major project, that receives a request under section 60TC(1) in relation to an additional area of land, must, within 7 days, give a notice of request to each relevant regulator.(2) A notice of request under subsection (1) to a relevant regulator in relation to a request under section 60TC(1) from a proponent of a major project to which a declaration of a major project relates must –(a) specify that the proponent has requested the relevant advice body to advise the Minister to amend the declaration of a major project so that the declaration also relates to an additional area of land; and(b) specify the additional area of land; and(c) specify –(i) the reasons, specified in the request under section 60TC(1) , as to why the proponent is seeking the amendment; and(ii) the uses or developments that the proponent proposes are to occur on the additional area of land; and(d) specify which of the following circumstances referred to in section 60TB apply in relation to the additional area of land:(i) the pre-assessment criteria circumstances;(ii) the pre-MPIS circumstances;(iii) the post-MPIS circumstances;(iv) the post-exhibition circumstances;(v) the permit amendment circumstances; and(e) invite the relevant regulator to provide the relevant regulator’s applicable advice to the relevant advice body within 14 days after the notice of request is given to the relevant regulator.(3) A relevant regulator may, within 14 days after a notice of request is given to the relevant regulator under subsection (1) , provide the relevant regulator’s applicable advice to the relevant advice body.(4) For the purposes of this section, the relevant regulator’s applicable advice is, if –(a) the notice of request under subsection (1) to the relevant regulator specifies that the pre-assessment criteria circumstances apply in relation to an additional area of land; and(b) the relevant regulator has given, under section 60ZA , an assessment requirement notice, or a notice of no assessment requirements, in relation to a major project –advice as to whether, if the declaration of a major project in relation to the major project had been, at the time at which the relevant regulator gave a notice under section 60ZA in relation to the major project, amended so that the declaration also relates to the additional area of land, the relevant regulator would have given, in relation to the major project –(c) an assessment requirement notice rather than a notice of no assessment requirements; or(d) an assessment requirement notice containing different requirements from those given, in relation to the major project, in the previous assessment requirement notice given by the relevant regulator; or(e) a notice recommending revocation.(5) For the purposes of this section, the relevant regulator’s applicable advice is, if the notice of request under subsection (1) to the relevant regulator specifies that the pre-MPIS circumstances apply in relation to an additional area of land, advice as to whether, if a declaration of a major project were to be amended so that the declaration also relates to the additional area of land –(a) the relevant regulator, where the relevant regulator is a participating regulator, would require the draft assessment criteria, or the assessment criteria, in relation to the major project to be amended; or(b) the relevant regulator, where the relevant regulator is not a participating regulator, would wish to become a participating regulator in relation to the major project.(6) For the purposes of this section, the relevant regulator’s applicable advice is, if the notice of request under subsection (1) to the relevant regulator specifies that the post-MPIS circumstances apply in relation to an additional area of land, advice as to whether, if a declaration of a major project in relation to a major project were to be amended so that the declaration also relates to the additional area of land –(a) the relevant regulator, where the relevant regulator is a participating regulator –(i) would require the assessment criteria in relation to the major project to be amended; or(ii) would require the major project impact statement, in relation to the major project, to be amended; or(b) the relevant regulator, where the relevant regulator is not a participating regulator, would wish to become a participating regulator in relation to the major project.(7) For the purposes of this section, the relevant regulator’s applicable advice is, if the notice of request under subsection (1) to the relevant regulator specifies that the post-exhibition circumstances apply in relation to an additional area of land, advice as to whether, if a declaration of a major project in relation to a major project were to be amended so that the declaration also relates to the additional area of land –(a) the relevant regulator, where the relevant regulator is a participating regulator –(i) would require the draft assessment criteria, or the assessment criteria, in relation to the major project, to be amended; or(ii) would require the major project impact statement, in relation to the major project, to be amended; or(iii) would provide under section 60ZY preliminary advice that is different from the preliminary advice already given by the relevant regulator in relation to the major project; or(b) the relevant regulator, where the relevant regulator is not a participating regulator, would wish to become a participating regulator in relation to the major project.(8) For the purposes of this section, the relevant regulator’s applicable advice is, if the notice of request under subsection (1) to the relevant regulator specifies that the permit amendment circumstances apply in relation to an additional area of land, advice as to whether, if the declaration of a major project in relation to a major project were to be amended so that the declaration also relates to the additional area of land, the relevant regulator would require one or more periods specified in section 60ZZZAA(8) not to be shortened in accordance with section 60ZZZAA(8) in relation to an application for a significant amendment that relates to the major project.
60TF. Advice from relevant advice body
[Section 60TF Inserted by No. 33 of 2022, s. 14, Applied:17 May 2023](1) The relevant advice body, on receiving under section 60TC(1) a request in relation to an additional area of land, must, within 28 days or a longer period allowed by the Minister –(a) decide whether to give, or refuse to give, advice to the Minister under subsection (2) ; and(b) notify the proponent who made the request of the decision of the relevant advice body under paragraph (a) .(2) A relevant advice body that receives under section 60TC(1) a request in relation to an additional area of land, may advise the Minister that it is appropriate to amend the declaration of a major project, to which the request relates, so that the declaration also relates to the additional area of land.(3) A relevant advice body must not give advice under subsection (2) in relation to an additional area of land unless it is satisfied that there are, under section 60TB , grounds to amend a declaration of a major project so that the declaration also relates to the additional area of land.(4) A relevant advice body must not give advice under subsection (2) in relation to an additional area of land if it is of the opinion that, were a declaration of a major project amended so that the declaration also relates to the additional area of land, the project would, under section 60N , be not eligible to be declared to be a major project.(5) An advice to the Minister under subsection (2) must include information sufficient to indicate to the Minister why the relevant advice body is satisfied that subsection (4) has been complied with.(6) The relevant advice body must not give advice under subsection (2) that it is appropriate to amend a declaration of a major project so that the declaration also relates to an additional area of land, unless –(a) the advice is given after the end –(i) of the period in which a person may, under section 60TD(3) , give the person’s opinion to the relevant advice body; and(ii) of the period in which a relevant regulator may, under section 60TE(3) , provide the relevant regulator’s advice to the relevant advice body; and(b) the relevant advice body has considered –(i) each opinion given by a person under section 60TD(3) ; and(ii) each relevant regulator’s advice provided under section 60TE(3) .(7) The relevant advice body must not give advice under subsection (2) that it is appropriate to amend a declaration of a major project in relation to a major project so that the declaration also relates to an additional area of land, if –(a) the notice of request under section 60TE(1) in relation to the additional area of land specifies that the post-MPIS circumstances, or the post-exhibition circumstances, apply in relation to the additional area of land; and(b) a relevant regulator has, in the relevant regulator’s advice provided under section 60TE(3) in relation to the additional area of land, advised that, if the declaration of a major project were to be amended so that the declaration also relates to the additional area of land, the relevant regulator –(i) would require the assessment criteria, in relation to the major project, to be amended; or(ii) would wish to become a participating regulator in relation to the major project.
60TG. Amendment of declaration of a major project to include additional area of land
[Section 60TG Inserted by No. 33 of 2022, s. 14, Applied:17 May 2023](1) The Minister must, within 14 days after receiving under section 60TF(2) advice in relation to a major project –(a) amend under subsection (2) the declaration of a major project, to which the advice relates, so that the declaration also relates to an additional area of land to which the advice relates; or(b) refuse to amend under subsection (2) the declaration of a major project to which the advice relates and notify the relevant advice body and the proponent of that decision.(2) The Minister, by notice in the Gazette, may amend a declaration of a major project so that the declaration also relates to an additional area of land.(3) The Minister may amend a declaration of a major project under subsection (2) so that the declaration also relates to an additional area of land, whether or not the additional area of land adjoins the area of land to which the declaration of a major project relates.(4) An amendment of a declaration of a major project under subsection (2) that relates to an additional area of land may contain the amendments to the declaration that are necessary to ensure that the declaration –(a) also relates to the additional area of land; and(b) specifies the proposed uses or developments that are proposed to occur on the additional land (including any such use or development that may only occur if a major project permit is amended); and(c) indicates generally the areas, on the additional area of land, on which proposed uses or developments in relation to the major project are proposed to occur.(5) The Minister must not amend a declaration of a major project under subsection (2) so that the declaration also relates to an additional area of land unless –(a) the Minister has received under section 60TF(2) advice from the relevant advice body in relation to the additional area of land; and(b) the Minister is satisfied that there are, under section 60TB , grounds to amend the declaration of a major project so that the declaration also relates to the additional area of land.(6) The Minister must not amend a declaration of a major project under subsection (2) so that the declaration also relates to an additional area of land, if the Minister is of the opinion that, were the declaration of a major project amended so that the declaration also relates to the additional area of land, the project would, under section 60N , not be eligible to be declared to be a major project.(7) The Minister must not amend a declaration of a major project under subsection (2) so that the declaration also relates to an additional area of land, except –(a) if all or part of the additional area of land is Crown land, within the meaning of the Crown Lands Act 1976 – with the consent of the Minister to whom the administration of that Act is assigned; or(b) if all or part of the additional area of land is land owned by a council – with the consent of the council; or(c) if all or part of the additional area of land is situated in Wellington Park – with the consent of the Wellington Park Management Trust.(8) The Minister must not amend a declaration of a major project under subsection (2) so that the declaration also relates to an additional area of land unless –have been given notice in writing of the proposal to amend a declaration of a major project under subsection (2) so that the declaration also relates to the additional area of land.(a) where all or part of the additional area of land is land of which the proponent is not the owner – the owner, or owners, of the land; and(b) where all or part of the additional area of land is land that is not owned by a council but is occupied or administered by a council – the council –(9) If –the Minister may amend the declaration of a major project so that the declaration of a major project no longer relates to the additional area of land.(a) the Minister has amended a declaration of a major project under subsection (2) so that the declaration also relates to an additional area of land; and(b) the Minister is satisfied that the additional area of land is no longer required for the purposes for which the amendment of the declaration of a major project was sought –
60TH. Notice of amendment of declaration of a major project to be given
[Section 60TH Inserted by No. 33 of 2022, s. 14, Applied:17 May 2023](1) The Minister must ensure that a notice specifying –is published in a newspaper that is published, and circulates generally, in Tasmania.(a) that a declaration of a major project has been amended under section 60TG ; and(b) an electronic address, and an address of the Commission, where a copy of the declaration, as so amended, may be viewed –(2) The Minister, within 7 days after amending under section 60TG a declaration of a major project, is to notify in writing –(a) the proponent of the major project; and(b) if the proponent is not the owner of all the land to which the declaration, as so amended, relates – the owners of the parts of the land that the proponent does not own; and(c) the owners of, the occupiers of, and the lessees of, any part of land adjoining the land to which the declaration relates or that adjoins that land after the amendment; and(d) the council that is a relevant planning authority in relation to the project; and(e) each council that is not a relevant planning authority in relation to the project but that is the council for a municipal area that is in the regional area, or regional areas, in which the major project is, or is to be, situated; and(f) if the project is to be situated on an area of land that is not within any municipal area – all councils for an area of land in a regional area that is adjacent to the area of land in which the project is to be situated; and(g) the Commission; and(h) each relevant regulator; and(i) each State Service Agency, or Tasmanian Government Business, that the Minister considers may have an interest in relation to a matter to which the project relates; and(j) if the land to which the declaration relates is situated in Wellington Park – the Wellington Park Management Trust; and(k) any other person, or class of persons, that is prescribed for the purposes of section 60R(1)(j) .
60TI. Effect of certain advices under section 60TE(3) if declaration of a major project is amended
[Section 60TI Inserted by No. 33 of 2022, s. 14, Applied:17 May 2023](1) If –Subdivision 7 applies in relation to the relevant regulator, on and from the day on which the notice of the amendment of the declaration of a major project is given to the relevant regulator under section 60TH(2) , as if the major project had just been referred to the relevant regulator under section 60Y .(a) a declaration of a major project in relation to a major project is amended so that the declaration also relates to an additional area of land; and(b) the notice of request under section 60TE(1) specifies that the pre-assessment criteria circumstances apply in relation to the additional area of land; and(c) a relevant regulator has provided under section 60TE(3) the relevant regulator’s advice stating that, if the declaration of a major project were to be amended so that the declaration also relates to the additional area of land, the relevant regulator would have given, in relation to the major project –(i) an assessment requirement notice rather than a notice of no assessment requirements; or(ii) an assessment requirement notice containing different requirements to those given, in relation to the major project, in the previous assessment requirement notice given by the relevant regulator; or(iii) a notice recommending revocation –(2) If –Subdivisions 7 , 8 and 9 apply in relation to the relevant regulator, on and from the day on which the notice of the amendment of the declaration of a major project is given to the relevant regulator under section 60TH(2) , as if the major project had just been referred to the relevant regulator under section 60Y .(a) a declaration of a major project in relation to a major project is amended so that the declaration also relates to an additional area of land; and(b) the pre-MPIS circumstances applied in relation to the additional area of land; and(c) a relevant regulator has provided under section 60TE(3) the relevant regulator’s advice stating that, if the declaration of a major project were to be amended so that the declaration also relates to the additional area of land, the relevant regulator –(i) would require the assessment criteria in relation to the major project to be amended; or(ii) would wish to become a participating regulator in relation to the major project –(3) If –Subdivisions 10 , 11 , 12 and 13 apply in relation to the additional area of land and the major project as if the major project impact statement had just been provided to the participating regulator.(a) a declaration of a major project in relation to a major project is amended so that the declaration also relates to an additional area of land; and(b) the post-MPIS circumstances applied in relation to the additional area of land; and(c) a relevant regulator has not provided under section 60TE(3) the relevant regulator’s advice that, if the declaration of a major project were to be amended so that the declaration also relates to the additional area of land, the relevant regulator –(i) would require the assessment criteria in relation to the major project to be amended; or(ii) would wish to become a participating regulator in relation to the major project; and(d) a relevant regulator that is a participating regulator has provided under section 60TE(3) the relevant regulator’s advice stating that, if the declaration of a major project were to be amended so that the declaration also relates to the additional area of land, the relevant regulator would require the major project impact statement, in relation to the major project, to be amended –(4) If –Subdivisions 10 , 11 , 12 and 13 apply in relation to the additional area of land and the major project as if the major project impact statement had just been provided to the participating regulator.(a) a declaration of a major project in relation to a major project is amended so that the declaration also relates to an additional area of land; and(b) the post-exhibition circumstances applied in relation to the additional area of land; and(c) a relevant regulator that is a participating regulator has provided under section 60TE(3) the relevant regulator’s advice stating that, if the declaration of a major project were to be amended so that the declaration also relates to the additional area of land, the relevant regulator would require the major project impact statement, in relation to the major project, to be amended –(5) If –Subdivisions 11 , 12 and 13 apply in relation to the additional area of land and the major project as if the major project impact statement had just been provided to the participating regulator.(a) a declaration of a major project in relation to a major project is amended so that the declaration also relates to an additional area of land; and(b) the post-exhibition circumstances applied in relation to the additional area of land; and(c) a relevant regulator has provided under section 60TE(3) the relevant regulator’s advice stating that, if the declaration of a major project were to be amended so that the declaration also relates to the additional area of land –(i) the relevant regulator would not require the major project impact statement, in relation to the major project, to be amended; but(ii) the relevant regulator would provide under section 60ZY preliminary advice that is different from the preliminary advice already provided by the relevant regulator in relation to the major project –
60U. Revocation of declaration
[Section 60U of Part 4 Inserted by No. 43 of 2009, s. 11, Applied:01 Jan 2010] [Section 60U Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) A proponent of a project may at any time, by notice in writing to the Minister, request the Minister to revoke the declaration of a major project in respect of all or part of the area of land to which the declaration relates.(2) The Minister, by notice in the Gazette, may revoke a declaration of a major project in respect of all or part of an area of land, if permitted or required under subsection (3) or (5) to revoke the declaration.(3) The Minister may revoke under subsection (2) a declaration of a major project in respect of all or part of an area of land –(a) in accordance with a request under subsection (1) , if there is no major project permit in relation to the land; or(b) if the proponent of the project has failed to comply with section 60ZS(1) , section 60ZV(6) or section 60ZX(1) ; or(c) if the proponent of the project has provided to the Minister or the Panel information, in relation to the project, that is false or misleading in any material particular; or(d) if the Minister is satisfied that the proponent does not intend the project to proceed in relation to the land or the part of the area of land and there is no major project permit in relation to the land or the part; or(e) subject to subsection (4) , if the Panel has given the Minister a no reasonable prospect notice under section 60ZI(1) in relation to the project.(4) If the Minister has received a no reasonable prospect notice under section 60ZI(1) in relation to a major project, the Minister must, before revoking under subsection (2) , on the grounds specified in subsection (3)(e) , the declaration of a major project in relation to the major project, consider any submission, and any comments, in relation to the major project, that are given to the Minister under section 60ZI(7) .(5) The Minister must revoke under subsection (2) a declaration of a major project in respect of all or part of an area of land if –(a) the Panel has given to the Minister under section 60ZG(4) a copy of a notice under section 60ZG(3)(a) in relation to the major project; or(b) section 60ZH(3) applies in relation to the declaration; or(c) the Panel has refused to grant a major project permit in relation to all of the area of land or the part of the area of land, respectively; or(d) the major project permit in relation to all of the area of land or the part of the area of land, respectively, has been cancelled.(6) The Minister is to give notice of a revocation of a declaration of a major project under subsection (2) to the Panel and the persons notified under section 60R(1) of the declaration of the major project.(7) The Minister is to ensure that a notice of the revocation of a declaration of a major project under subsection (2) is placed in a newspaper that is published, and circulates generally, in Tasmania.(8) If a declaration of a major project is revoked under subsection (2) in relation to all or part of an area of land –(a) this Division, apart from this section, section 60ZZZD and section 60ZZZE , ceases to apply, in respect of the project that was a major project, to the land to which the revocation relates; but(b) a person is not to be taken to have committed an offence under this Act by reason of any action taken, or not taken, before this Division, apart from this section, section 60ZZZD and section 60ZZZE , ceased to apply, if the action or failure was lawful under this Division at the time when the action or failure occurred; and(c) a proposal for a declaration in relation to a project that relates to, or an application for a permit in relation to, a use or development may not, except with the approval of the Minister, be made by any person within the 2-year period after the revocation, if the use or development –(i) is the same as, or substantially the same as, a use or development to which the project related; and(ii) would be carried out on all or part of the area of land to which the project related.
Subdivision 6 - Establishment of Development Assessment Panel[Subdivision 6 of Division 2A of Part 4 Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020]
60V. Establishment of Development Assessment Panel
[Section 60V of Part 4 Inserted by No. 43 of 2009, s. 11, Applied:01 Jan 2010] [Section 60V Subsection (2) amended by No. 51 of 2012, Sched. 2, Applied:01 Jul 2013] [Section 60V Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) The Commission must establish a Development Assessment Panel (a Panel) in relation to a major project.(2) A Panel must be established under subsection (1) in relation to a major project within 42 days, or a longer period allowed by the Minister, after the Commission is given a notice under section 60R(1) in relation to the major project.(3) During the period after the Commission is given notice under section 60R(1) in relation to the major project and before the Panel is established under subsection (1) in relation to the major project, the Executive Commissioner referred to in section 5(1)(a) of the Tasmanian Planning Commission Act 1997 –(a) is to be taken, for the purposes of this Division, to be the Panel; and(b) may perform and exercise the functions and powers of the Panel.(4) A function or power performed or exercised under subsection (3) by the Executive Commissioner referred to in that subsection is to be taken to have been performed or exercised by the Panel.(5) As soon as practicable after establishing under subsection (1) a Panel in relation to a major project, the Commission must provide to the Panel –provided to the Commission under section 60R(1) .(a) the major project proposal in relation to the major project; and(b) the information, if any, in relation to the major project –
60W. Appointment of members of Panel
[Section 60W of Part 4 Inserted by No. 43 of 2009, s. 11, Applied:01 Jan 2010] [Section 60W Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) The Commission is to establish the Panel in relation to a major project by appointing to be members of the Panel –(a) a member of the Commission, or another person nominated by the Commission, who is to be the chairperson of the Panel; and(b) a member of the Commission, or another person, nominated by the Commission; and(c) a person who is not a member of the Commission and who, in the opinion of the Commission, has qualifications and experience that are relevant to the assessment of the project.(2) A person appointed under subsection (1)(a) must not be a person who is appointed to the Commission under section 5(1)(g) or (h) of the Tasmanian Planning Commission Act 1997 .(3) A person has appropriate qualifications and experience for the purposes of subsection (1)(c) if the person has –(a) qualifications or experience in land use planning, urban and regional development, commerce or industry; or(b) practical knowledge of, and experience in, the provision of building or other infrastructure.(4) The Commission, in accordance with subsection (5) , may appoint to be members of the Panel, in addition to the persons appointed under subsection (1) , not more than 2 other persons.(5) The Commission –(a) may appoint a person under subsection (4) to be a member of the Panel in relation to a major project if –(i) the Commission is of the opinion that the scale, specialist nature or complexity of the major project makes it desirable to appoint to be a member of the Panel a person with particular qualifications or experience that the Commission thinks appropriate to assist in the assessment of the project; and(ii) the Commission is of the opinion that the person has those qualifications or that experience; and(b) must appoint a person under subsection (4) to be a member of the Panel in relation to a major project if the Commission is required to do so by a statement included, under section 60Q(3)(a) , in the declaration of a major project in relation to the major project.(6) The Commission may at any time revoke the appointment of a member of a Panel and appoint under subsection (1) another person in the place of the member.(7) A member of a Panel is entitled to be paid the remuneration that the Minister determines.(8) Despite subsection (7) , a member of a Panel who is a State Service employee or a State Service officer is not entitled to remuneration under that subsection except with the approval of the Minister to whom the administration of the State Service Act 2000 has been assigned.(9) A member of the Panel in relation to a major project must, as soon as practicable after he or she becomes aware that he or she has an interest (including a pecuniary interest) in relation to the major project, advise the Commission of the interest.(10) The Commission, as soon as practicable after becoming aware that a member of the Panel in relation to a major project has an interest (including a pecuniary interest) in relation to the major project –(a) must determine whether the member has, or may be perceived to have, a conflict of interest in relation to the major project; and(b) must revoke the appointment of the person as a member, if the Commission determines that the member has, or may reasonably be perceived to have, a conflict of interest in relation to the major project.
60X. Powers, procedures and liability of Panel
[Section 60X of Part 4 Inserted by No. 43 of 2009, s. 11, Applied:01 Jan 2010] [Section 60X Subsection (6) amended by No. 51 of 2012, Sched. 2, Applied:01 Jul 2013] [Section 60X Subsection (9) amended by No. 47 of 2015, s. 24, Applied:17 Dec 2015] [Section 60X Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) Subject to the procedures approved under subsection (2) , the quorum for a decision of the Panel is 3.(2) The Commission is to approve procedures, not inconsistent with the procedural requirements of this Division, for the conduct of proceedings under this Division.(3) The Panel is to conduct its proceedings in accordance with the procedures, if any, approved under subsection (2) .(4) The Panel may determine its own procedures for the conduct of proceedings, which procedures may not be inconsistent with the procedural requirements of this Division and the procedures, if any, approved under subsection (2) .(5) Part 3 of the Tasmanian Planning Commission Act 1997 applies to, and in relation to, a Panel as if a reference in that Part to the Commission were a reference to the Panel.(6) In the event of an inconsistency between a provision of this Division and a provision of Part 3 of the Tasmanian Planning Commission Act 1997 , the provision of this Division applies to the extent of the inconsistency.
Subdivision 7 - Referral of major project proposal to relevant regulators[Subdivision 7 of Division 2A of Part 4 Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020]
60Y. Project to be referred to relevant regulators
[Section 60Y of Part 4 Inserted by No. 43 of 2009, s. 11, Applied:01 Jan 2010] [Section 60Y Subsection (1) amended by No. 47 of 2015, s. 25, Applied:17 Dec 2015] [Section 60Y Subsection (1) amended by No. 59 of 2013, s. 26, Applied:01 Jan 2014] [Section 60Y Subsection (1) amended by No. 47 of 2015, s. 25, Applied:17 Dec 2015] [Section 60Y Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) If a declaration of a major project is made, the Commission must, within 7 days of being notified under section 60R(1)(g) of the declaration –(a) refer the major project to each relevant regulator in relation to the project; and(b) provide to each relevant regulator in relation to the major project –provided to the Commission under section 60R(2) .(i) the major project proposal in relation to the major project; and(ii) the information, if any, in relation to the major project –(2) A relevant regulator in relation to a major project must carry out its assessment, for the purposes of this Act, of the project in the same manner as if the assessment were being conducted for the purposes of the project-associated Act in relation to the relevant regulator.
[Section 60Z of Part 4 Inserted by No. 43 of 2009, s. 11, Applied:01 Jan 2010] [Section 60Z Substituted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) For the purposes of this Act, the EPA Board is a relevant regulator in relation to each major project.(2) [Section 60Z Subsection (2) amended by No. 33 of 2022, s. 15, Applied:17 May 2023] For the purposes of this Act, a pipeline licensee is a relevant regulator in relation to a major project, if all or part of the project relates to land that is wholly or partly within a gas infrastructure planning corridor within the meaning of the Gas Industry Act 2019 .(3) For the purposes of this Act, a relevant regulated entity is a relevant regulator in relation to a major project, if –section 56O(1) of the Water and Sewerage Industry Act 2008 would apply in relation to the application.(a) were this Division not to apply; and(b) an application were to be made to a planning authority for a permit in relation to all or part of the project –(4) For the purposes of this Act, the Heritage Council is a relevant regulator in relation to a major project if, were a development or use that forms part of the major project not to form part of the major project, a copy of a permit application, within the meaning of section 32 of the Historic Cultural Heritage Act 1995 , in relation to the development or use would be required under section 36(2) of the Historic Cultural Heritage Act 1995 to be given to the Heritage Council.(5) For the purposes of this Act, a person is a relevant regulator in relation to a major project if, were the major project not declared to be a major project, a project-related permit would be required to be issued by the person under a project-associated Act in order for an activity in relation to the project to be lawfully carried out under that Act.
60ZA. Relevant regulator to give notice of assessment, no assessment, or recommending revocation
[Section 60ZA Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) A relevant regulator in relation to a major project must, before the end of the 28-day period after the major project is referred to the regulator under section 60Y(1)(a) or a longer period allowed by the Minister, give to the Panel and the Commission –(a) a notice of no assessment requirements in relation to the major project; or(b) an assessment requirement notice in relation to the major project; or(c) a notice recommending revocation.(2) A relevant regulator is only to give a notice under subsection (1) after considering the major project proposal, and any further information, in relation to the major project, that are provided to the relevant regulator under section 60Y .(3) For the purposes of this Act, a notice of no assessment requirements in relation to a major project is a notice specifying that the relevant regulator giving the notice does not require any matters to be included in the assessment criteria, in relation to the major project, as matters which the major project impact statement is required to address.(4) A relevant regulator that is the EPA Board may not give to the Panel and the Commission a notice of no assessment requirements in relation to a project if the project is a bilateral agreement project.(5) For the purposes of this Act, an assessment requirement notice in relation to a major project is a notice specifying –(a) the matters that the relevant regulator requires to be contained in the assessment criteria in relation to the project, as matters which the major project impact statement is required to address; and(b) the reasons why the relevant regulator has specified in the notice the matters referred to in paragraph (a) .(6) A relevant regulator may only specify, in an assessment requirement notice under subsection (1)(b) in relation to a major project, a matter referred to in subsection (5)(a) if the matter would be relevant to the decision of the relevant regulator as to the contents of the regulator’s final advice that it would give under section 60ZZF(1) in relation to the major project.(7) For the purposes of this Act, a notice recommending revocation is a notice that specifies –(a) that the relevant regulator requests the Panel to recommend to the Minister that the Minister revoke the declaration of the major project; and(b) the reasons for that request.(8) A relevant regulator may only give a notice recommending revocation under subsection (1)(c) if –(a) the relevant regulator is of the opinion, having regard to the information that is available to it before receiving the major project impact statement in relation to the project, that there is no reasonable prospect that the relevant regulator will not request the Panel, in the regulator’s final advice under section 60ZZF(1) , to refuse to grant a major project permit in relation to the major project; and(b) the relevant regulator specifies in the notice recommending revocation the reasons why the relevant regulator is likely to so request the Panel.(9) [Section 60ZA Subsection (9) inserted by No. 33 of 2022, s. 16, Applied:17 May 2023] If a relevant regulator, other than the EPA Board, fails to give a notice under subsection (1) in relation to a major project within the period in which such a notice is required under that subsection to be given to the Panel, the relevant regulator is to be taken to have given a notice of no assessment requirements in relation to the major project.(10) [Section 60ZA Subsection (10) inserted by No. 33 of 2022, s. 16, Applied:17 May 2023] The Commission may, after 21 days and before 25 days, after the major project is referred to a relevant regulator under section 60Y(1)(a) , send a notice to the relevant regulator advising the relevant regulator of the requirements of this section.
60ZB. When relevant regulator becomes participating regulator
[Section 60ZB Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020] A relevant regulator becomes a participating regulator in relation to a major project if the regulator gives –(a) an assessment requirement notice under section 60ZA(1)(b) in relation to the major project; or(b) a notice recommending revocation under section 60ZA(1)(c) in relation to the major project.
60ZC. Special provisions relating to where EPA Board is relevant regulator
[Section 60ZC Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) If a participating regulator in relation to a project is the EPA Board and the project is a bilateral agreement project, that participating regulator may, within 28 days after the major project is referred to the regulator under section 60Y(1)(a) , give to the Panel an extension notice.(2) An extension notice is a notice specifying that the participating regulator will require 91 days, or a longer period allowed by the Minister, in which to provide to the Panel the participating regulator’s preliminary advice under section 60ZY(1) in relation to the major project.(3) If a participating regulator in relation to a major project is the EPA Board –(a) a major project, major project proposal or information is only to be taken under section 60Y to be referred, or provided, to the participating regulator if the major project, major project proposal or information, respectively, is referred, or provided, to the EPA Director; and(b) the decision of that participating regulator under section 60ZA(1) is to be made by the EPA Director but is to be taken to have been made by the participating regulator.(4) If the EPA Board has given to the Panel –in relation to a major project, the EPA Board must carry out an environmental impact assessment of the major project in accordance with Part 5 of the EMPC Act, as modified in its application to a major project by this section.(a) an assessment requirement notice under section 60ZA(1)(b) ; or(b) a notice recommending revocation under section 60ZA(1)(c) –(5) For the purposes of an environmental impact assessment of a major project in accordance with this section, the reference, in section 74(4) of the EMPC Act, to providing the proponent with guidance is to be taken to be satisfied if the guidance is provided to the Panel under subsection (6) .(6) If the EPA Board has given –in relation to a major project, the EPA Board must provide to the Panel the guidance that the EPA Board is required under section 74(4) of the EMPC Act to provide to the proponent.(a) an assessment requirement notice under section 60ZA(1)(b) ; or(b) a notice recommending revocation under section 60ZA(1)(c) –(7) The EPA Board must provide the guidance to the Panel, in accordance with subsection (6) –(a) after having considered the draft assessment criteria and after having determined whether it intends to give an alteration notice under section 60ZL(4) ; and(b) within 28 days after the end of the public exhibition of the draft assessment criteria under section 60ZL(1) or within a longer period allowed by the Minister.(8) If the EPA Board has given an assessment requirement notice under section 60ZA(1)(b) in relation to a major project, as altered, if at all, by an alteration notice under section 60ZL(4) , the assessment requirement notice is taken to be guidance that the EPA Board has provided to the proponent for the purposes of section 74(4) of the EMPC Act.(9) Part 5 of the EMPC Act is modified in its application to a major project as follows:(a) section 74(3) of the EMPC Act does not apply in relation to the major project;(b) the requirements specified in section 74(6) , (7) and (8) of the EMPC Act are to be taken, in relation to the major project, to be satisfied when the requirements, that apply in relation to the major project and that are imposed on the EPA Board or the Panel by this Division, have been satisfied.
60ZD. Relevant regulator may seek information from Panel
[Section 60ZD Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) A relevant regulator, within 21 days after a major project is referred to the regulator under section 60Y(1)(a) , may, by notice to the Panel, request the Panel to provide to the regulator the information specified in the notice.(2) The Panel, within 7 days of receiving a notice under subsection (1) in relation to a major project, must, by notice to the proponent of the project, request the proponent of the project to provide to the Panel, within the period specified in the notice, the information specified in the notice to the proponent.(3) The information specified in a notice under subsection (2) in relation to a major project is to be the information specified in a notice given to the Panel under subsection (1) in relation to the major project.(4) A proponent to whom a notice is given under subsection (2) must provide to the Panel, within the period specified in the notice or a longer period allowed by the Panel, the information specified in the notice.(5) The Panel, within 7 days after information is provided to the Panel under subsection (4) , must provide the information to the relevant regulator who made the request under subsection (1) in relation to which the information was provided to the Panel.(6) A relevant regulator, within 21 days after receiving information (the first information) provided under subsection (5) , may –(a) notify the Panel that the information is not sufficient; and(b) make under subsection (1) a further request for information and, if such a further request is made, the reference in that subsection to the day on which the project was referred to the regulator is to be taken to be a reference to the day on which the first information was provided under subsection (5) .(7) If a relevant regulator has requested information under subsection (1) , the period between –is not to be taken into account, in relation to the relevant regulator, in the calculation of the 28-day period referred to in section 60ZA(1) .(a) the making of the request; and(b) the provision of information to the regulator under subsection (5) –
Subdivision 8 - No reasonable prospect notices[Subdivision 8 of Division 2A of Part 4 Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020]
60ZE. Notice of Panel's intention to give no reasonable prospect notice
[Section 60ZE Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) The Panel in relation to a major project must, if it is intending to give to the Minister a no reasonable prospect notice under section 60ZI(1) , give to the proponent of the major project a notice (a warning notice) –(a) specifying –(i) that the Panel intends to give a no reasonable prospect notice under section 60ZI(1) ; and(ii) the reasons why it intends to give the notice; and(b) inviting the proponent to make, within 14 days after the day on which the warning notice is given, a written submission to the Panel in relation to the Panel's intention to give a no reasonable prospect notice under section 60ZI(1) in relation to the project.(2) A proponent who receives a warning notice under subsection (1) in relation to a major project may, within 14 days, make a submission to the Panel –(a) as to the opinion of the proponent in relation to the reasons specified in accordance with subsection (1)(a) in relation to the major project; and(b) specifying any other information that the proponent thinks relevant.
60ZF. Where proponent makes submission about Panel's intention to give no reasonable prospect notice
[Section 60ZF Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) If a submission in relation to a major project is made to the Panel under section 60ZE(2) , the Panel –(a) must, within 7 days, provide to each participating regulator a copy of the submission; and(b) except if subsection (3) applies, must, within 7 days, provide to each participating regulator a statement informing the regulator that the regulator may give to the Panel a notice under section 60ZA(1) in substitution for the notice previously given by the regulator under section 60ZA(1) in relation to the major project.(2) A participating regulator, within 28 days, or a longer period allowed by the Minister, after receiving a statement under subsection (1)(b) , may give to the Panel a notice under section 60ZA(1) in substitution for the notice previously given by the regulator under section 60ZA(1) in relation to the major project.(3) If, in accordance with subsection (2) , a notice is given to the Panel under section 60ZA(1) in substitution for the notice previously given by the regulator under section 60ZA(1) in relation to the major project –(a) the first notice given in relation to the major project by the participating regulator under section 60ZA(1) is of no effect; and(b) the notice given under section 60ZA(1) in accordance with subsection (2) is to be taken for the purposes of this Division to be the notice given in relation to the major project by the participating regulator under section 60ZA(1) ; and(c) no further statement may be given under section 60ZA(1) in substitution for the notice previously given by the regulator.
60ZG. Proponent may revoke or amend major project proposal in response to warning notice
[Section 60ZG Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) If a warning notice in relation to a major project has been given to a proponent under section 60ZE(1) , the Panel must give to the proponent, at the relevant time, a notice advising the proponent –(a) as to whether the Panel still intends to give a no reasonable prospect notice in relation to the major project; and(b) that the proponent may give to the Panel a notice under subsection (3) .(2) For the purposes of subsection (1) , the relevant time is –(a) if the proponent has made a submission under section 60ZE(2) in relation to a major project – 14 days after the end of the period in which, under section 60ZF(2) , a participating regulator may give to the Panel a notice under section 60ZA(1) in relation to the major project; or(b) if the proponent has not made a submission under section 60ZE(2) in relation to a major project – 7 days after the last day on which the proponent could have made a submission under that section.(3) A proponent to whom a notice in relation to a major project is given under subsection (1) may, within 14 days, give to the Panel –(a) a notice requesting the Panel to notify the Minister that the declaration of a major project in relation to the major project is to be revoked under section 60U ; or(b) a notice stating that the proponent intends to provide to the Minister an amended major project proposal in relation to the major project.(4) If a proponent gives to the Panel a notice under subsection (3) , the Panel must give to the Minister a copy of the notice within 7 days.
60ZH. Where proponent proposes amendment of major project proposal in response to warning notice
[Section 60ZH Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) The Minister, within 14 days after receiving under section 60ZG(4) a copy of a notice given by a proponent to the Panel under section 60ZG(3)(b) , is to give to the proponent a notice requiring the proponent to provide an amended major project proposal in relation to the major project within the period specified in the notice or a longer period allowed by the Minister.(2) A proponent who receives a notice under subsection (1) must, within the period specified in the notice or a longer period allowed by the Minister, provide to the Minister an amended major project proposal.(3) If –the Minister must revoke under section 60U the declaration of a major project.(a) a proponent provides to the Minister an amended major project proposal under subsection (2) ; and(b) the Minister is not satisfied that the major project to which the amended major project proposal ostensibly relates is substantially the same as the major project to which the declaration of a major project relates –(4) If a proponent provides to the Minister an amended major project proposal under subsection (2) and subsection (3) does not apply to the amended major project proposal –(a) the Minister is to provide to the Panel the amended major project proposal provided to the Minister in accordance with the notice; and(b) this Division applies in relation to the amended major project proposal as if the Commission had just been notified under section 60R(1)(g) of the declaration of a major project and the proponent had not previously provided a major project proposal in relation to the major project.
60ZI. Panel may give no reasonable prospect notice
[Section 60ZI Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) Subject to section 60ZE and this section, the Panel may give to the Minister a notice in writing (a no reasonable prospect notice) in relation to a major project.(2) The Panel may, under subsection (1) , only give to the Minister a no reasonable prospect notice in relation to a major project –(a) after receiving under section 60V(5) a copy of the major project proposal in relation to the major project; and(b) before determining under section 60ZM(1) the assessment criteria in relation to the major project; and(c) within 21 days after giving to the proponent of the major project a notice under section 60ZG(1) .(3) A no reasonable prospect notice under subsection (1) in relation to a major project is to specify –(a) that the Panel considers that there is no reasonable prospect that the Panel will grant a major project permit in relation to the major project; and(b) the reasons why the Panel considers that there is no reasonable prospect that the Panel will grant a major project permit in relation to the major project.(4) Without limiting the generality of subsection (1) , the Panel may give a no reasonable prospect notice under subsection (1) in relation to a major project if the Panel is of the opinion that the grant of a major project permit –(a) would not further the objectives specified in Schedule 1 ; or(b) would be in contravention of a State Policy; or(c) would be in contravention of the TPPs; or(d) would be inconsistent with a regional land use strategy that applies in relation to the land to which the project relates.(5) Without limiting the generality of subsection (1) , the Panel may give a no reasonable prospect notice under subsection (1) in relation to a major project if a relevant regulator has, under section 60ZA(1) , given to the Panel a notice recommending revocation.(6) The Panel must not give a no reasonable prospect notice under subsection (1) in relation to a major project unless –(a) the Panel has given to the proponent a warning notice under section 60ZE(1) in relation to the major project; and(b) at least –whichever period expires later; and(i) 14 days have expired since the Panel gave to the proponent the warning notice under section 60ZE(1) ; or(ii) 28 days have expired since each participating regulator was provided under section 60ZF(1) with a copy of a submission under section 60ZE(2) –(c) the Panel has considered –(i) any submission made to the Panel under section 60ZE(2) in relation to the Panel’s intention to give a no reasonable prospect notice in relation to the major project; and(ii) any notice given under section 60ZA(1) in accordance with section 60ZF(2) ; and(d) the Panel has given the proponent a notice under section 60ZG(1) and has not, within 14 days after giving the notice, received a notice from the proponent under section 60ZG(3) .(7) The Panel must give to the Minister, together with a no reasonable prospect notice under subsection (1) in relation to a major project –(a) a copy of any submission made under section 60ZE(2) in relation to the Panel’s intention to give a no reasonable prospect notice under section 60ZI(1) ; and(b) any comments that the Panel thinks are appropriate in relation to the submission.
Subdivision 9 - Assessment criteria[Subdivision 9 of Division 2A of Part 4 Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020]
60ZJ. Comments to be sought in relation to draft assessment criteria
[Section 60ZJ Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) The Commission, within 7 days after receiving under section 60R(2) the major project proposal in relation to a major project, must, by notice to the following persons, request them to provide to the Commission, within 28 days after the request is made, their comments as to what should be specified in the assessment criteria to be matters to be addressed in the major project impact statement in relation to the major project:(a) if the proponent is not the owner of all of the land on which the major project is to be situated – the owners of the parts of the land that the proponent does not own;(b) the owners of, the occupiers of, and the lessees of, any part of land adjoining the land on which the major project is to be situated;(c) each council that is a relevant planning authority in relation to the major project;(d) each council that is not a relevant planning authority in relation to the major project but that is the council for a municipal area that is in the regional area, or regional areas, in which the major project is to be situated;(e) the State Service Agencies, and the Tasmanian Government Businesses, that the Commission considers may have an interest in a matter to which the major project relates;(f) if all or part of the land to which the major project relates is Crown land within the meaning of the Crown Lands Act 1976 – the Minister to whom the administration of that Act is assigned;(g) if all or part of the land to which the major project relates is in Wellington Park – the Wellington Park Management Trust.(2) A person, within 28 days after being requested to do so under subsection (1) , may provide to the Commission comments as to what should be contained in the assessment criteria in relation to a major project.(3) The Commission, as soon as practicable after receiving all comments provided to the Commission under subsection (2) in relation to the major project, must provide the comments to the Panel.(4) The Panel, before completing under section 60ZK(1) the preparation of the draft assessment criteria in relation to a major project, must consider all comments provided to the Panel under subsection (3) in relation to the major project.
60ZK. Draft assessment criteria
[Section 60ZK Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) The Panel in relation to a major project must prepare draft assessment criteria in relation to the major project as soon as practicable but in any case within the relevant period in relation to the major project.(2) For the purposes of this section, the relevant period in relation to a major project is the period –(a) beginning on the day by which each relevant regulator has given the Panel a notice under section 60ZA(1) , or is required under that section to have given the Panel such a notice, whichever is the later day; and(b) ending 14 days, or a longer period allowed by the Minister, after that day.(3) Section 60ZM (apart from subsections (1), (2), (8) and (9)) applies in relation to draft assessment criteria as if the draft were assessment criteria.(4) The Panel in relation to a major project must consider the major project proposal in relation to the major project before determining the draft assessment criteria in relation to the major project.(5) Despite subsection (1) , if the Panel gives a warning notice under section 60ZE(1) in relation to a major project before the end of the relevant period in relation to the major project, any period that –is not to be taken into account in the calculation of the relevant period.(a) begins on the day on which the notice is given; and(b) ends on the last day on which the Panel may, in accordance with section 60ZI(2)(c) , give a no reasonable prospect notice in relation to the major project under section 60ZI –
60ZL. Public exhibition, submissions and alteration notices
[Section 60ZL Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) The Panel in relation to a major project must, after preparing under section 60ZK(1) draft assessment criteria in relation to the major project –(a) give notice, in a newspaper that is published, and circulates generally, in Tasmania, specifying –(i) a place where a copy of the draft assessment criteria in relation to the major project will be available for inspection by the public during normal business hours during the period of 14 days specified in the notice; and(ia) [Section 60ZL Subsection (1) amended by No. 33 of 2022, s. 17, Applied:17 May 2023] an electronic address at which a copy of the draft assessment criteria in relation to the major project will be available for viewing or downloading during the period of 14 days specified in the notice; and(ii) that representations in relation to the draft assessment criteria may be made to the Panel during the period specified in the notice in accordance with paragraph (b) ; and(iii) the address, and an electronic address, at which a representation may be lodged; and(b) publicly exhibit the draft assessment criteria, together with a copy of the major project proposal in relation to the major project, for a period of 14 days beginning after the notice is given under paragraph (a) ; and(ba) [Section 60ZL Subsection (1) amended by No. 33 of 2022, s. 17, Applied:17 May 2023] make the draft assessment criteria, together with a copy of the major project proposal in relation to the major project, available for viewing and downloading, at the electronic address specified in accordance with subparagraph (ia) , for a period of 14 days beginning after the notice is given under paragraph (a) ; and(c) provide a copy of the draft assessment criteria to the proponent, each of the persons or bodies referred to in section 60ZJ(1) and each participating regulator in relation to the major project.(2) A person, within the period referred to in a notice under subsection (1)(a) , may make a representation in relation to the draft assessment criteria by lodging the representation at an address, or an electronic address, specified in the notice.(3) The Panel, within 7 days after the end of the period referred to in a notice under subsection (1)(a) , may give, to each participating regulator that gave to the Panel under section 60ZA(1)(b) an assessment requirement notice, each representation that relates to a matter that is, in accordance with that participating regulator's assessment requirement notice, included in the draft assessment criteria.(4) A participating regulator, within 14 days, or a longer period allowed by the Minister, after receiving a copy of a representation under subsection (3) , may give to the Panel a notice (an alteration notice) specifying an alteration, as set out in the notice, to the participating regulator's assessment requirement notice given to the Panel under section 60ZA(1)(b) .(5) An alteration notice under subsection (4) may only specify an alteration, as set out in the notice, to the participating regulator's assessment requirement notice given to the Panel under section 60ZA(1)(b) , if the participating regulator’s assessment requirement notice, as so altered, would be a participating regulator’s assessment requirement notice that the participating regulator may give under section 60ZA(1)(b) .
60ZM. Panel to determine assessment criteria
[Section 60ZM Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) The Panel in relation to a major project must determine the assessment criteria in relation to the major project.(2) The Panel in relation to a major project may only determine the assessment criteria in relation to the major project if –(a) the Panel has complied with section 60ZK in relation to the draft assessment criteria in relation to the major project; and(b) the Panel has complied with section 60ZL and has considered each representation made under section 60ZL(2) in relation to the draft assessment criteria.(3) The assessment criteria in relation to a major project are a document that specifies the matters to be addressed in the major project impact statement in relation to the major project.(4) The matters to be specified in the assessment criteria as matters required to be addressed in the major project impact statement in relation to a major project are to be –(a) relevant land use planning matters; and(b) any matters that the relevant participating regulator required in an assessment requirement notice under section 60ZA(1)(b) to be addressed in the major project impact statement in relation to the major project.(5) For the purposes of subsection (4)(a) , the relevant land use planning matters are the matters that the Panel considers are reasonably required to enable the proper assessment of whether the use and development of the land for the purposes of the major project would be an effective and appropriate use and development of the land.(6) In determining, for the purposes of subsection (4)(a) , the relevant land use planning matters, the Panel is to have regard to –(a) any relevant planning scheme, including, in particular, any specific area plan, particular purpose zone or site-specific qualifications that apply to the land to which the major project relates; and(b) if the carrying out of the project is inconsistent with the provisions of a relevant planning scheme – the merit of any changes to a planning scheme (other than to the SPPs), including, in particular, to any specific area plan, particular purpose zone or site-specific qualifications that apply to the land to which the major project relates, that would be required to be made for the major project to be lawfully carried out; and(c) the regional land use strategy, if any, for the regional area in which the land is situated.(7) The relevant land use planning matters referred to in subsection (4)(a) must –(a) seek to further the objectives specified in Schedule 1 ; and(b) be consistent with each applicable State Policy; and(c) be consistent with each applicable provision of the TPPs; and(d) not be inconsistent with a regional land use strategy that applies to the land on which the project is situated.(8) The Panel is to provide to a participating regulator a copy of the assessment criteria if the participating regulator has given to the Panel an assessment requirement notice under section 60ZA(1)(b) in relation to the major project.(9) If a participating regulator has given to the Panel an alteration notice under section 60ZL(4) in relation to an assessment requirement notice given by the regulator under section 60ZA(1)(b) in relation to the major project, the Panel must ensure that the draft assessment criteria in relation to the major project are altered so that the assessment criteria, when determined under subsection (1) , take into account the assessment requirement notice as altered in accordance with the alteration notice.
60ZN. Period in which assessment criteria to be determined
[Section 60ZN Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) In this section –relevant period, in relation to a major project, means the period –(a) beginning on the day on which the period specified in the notice given under section 60ZL(1)(a) in relation to the major project expires; and(b) ending 28 days, or a longer period allowed by the Minister, after that day.(2) [Section 60ZN Subsection (2) amended by No. 33 of 2022, s. 18, Applied:17 May 2023] The Panel must determine under section 60ZM(1) the assessment criteria in relation to a major project before the end of the relevant period in relation to the major project or, if the Panel considers it necessary to obtain further information from a regulator in relation to the regulator’s notice of assessment requirements or alteration notice, within the period of 42 days after the period begins.(3) Despite subsection (2) , if the Panel gives a warning notice under section 60ZE(1) in relation to a major project before the end of the relevant period in relation to a major project, any period that –is not to be taken into account in the calculation of the relevant period.(a) begins on the day on which the warning notice is given; and(b) ends on the last day on which the Panel may, in accordance with section 60ZI(2)(c) , give a no reasonable prospect notice in relation to the major project under section 60ZI –
60ZO. Notice of assessment criteria to be given
[Section 60ZO Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) The Panel in relation to a major project, as soon as practicable after determining the assessment criteria in relation to the major project, must publish in the Gazette and in a newspaper that is published, and circulates generally, in Tasmania, a notice specifying –(a) that the assessment criteria have been determined; and(b) that copies of the assessment criteria may be viewed at a place specified in the notice and viewed and downloaded at an electronic address of the Commission specified in the notice.(2) The Panel in relation to a major project, as soon as practicable after determining the assessment criteria in relation to the major project, must ensure that copies of the assessment criteria are, until a decision is made under section 60ZZM(1) in relation to the major project, available –(a) for viewing by members of the public at the place specified in the notice under subsection (1) ; and(b) for viewing and downloading at an electronic address of the Commission specified in the notice under subsection (1) .
60ZP. Notification to be given that assessment criteria determined
[Section 60ZP Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020] As soon as practicable, and in any case within 7 days, after determining under section 60ZM the assessment criteria in relation to a major project, the Panel must give a copy of the assessment criteria to –(a) if the proponent is not the owner of all of the land on which the major project is to be situated – the owners of the parts of the land that the proponent does not own; and(b) the owners of, the occupiers of, and the lessees of, any part of land adjoining the land on which the major project is to be situated; and(c) each person who has made a representation under section 60ZL(2) in relation to the draft assessment criteria in relation to the major project; and(d) the council that is the relevant planning authority in relation to the major project; and(e) each council that is not a relevant planning authority in relation to the major project but that is the council for a municipal area that is in the regional area, or regional areas, in which the major project is to be situated; and(f) if the major project is to be situated on an area of land that is not within any municipal area – all councils for an area of land in a regional area that is adjacent to the area of land in which the major project is to be situated; and(g) each State Service Agency, or Tasmanian Government Business, that the Panel considers may have an interest in relation to a matter to which the major project relates; and(h) each participating regulator in relation to the major project; and(i) if the land on which the major project is or was to be situated is Crown land, within the meaning of the Crown Lands Act 1976 – the Minister to whom the administration of that Act is assigned; and(j) if the land on which the major project is or was to be situated is situated in Wellington Park – the Wellington Park Management Trust.
Subdivision 10 - Major project impact statements[Subdivision 10 of Division 2A of Part 4 Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020]
60ZQ. Proponent to be required to prepare major project impact statement
[Section 60ZQ Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020] As soon as practicable, and in any case within 7 days, after determining under section 60ZM(1) the assessment criteria in relation to a major project, the Panel must –(a) give to the proponent a copy of the assessment criteria; and(b) notify the proponent that the proponent is required to provide to the Panel a major project impact statement in relation to the major project within –(i) the period of 12 months after receiving the copy of the assessment criteria or a longer period allowed by the Minister; or(ii) another period determined by written agreement between the Panel and the proponent; or(iii) a period extended under section 60ZS(2) .
60ZR. Contents of major project impact statement
(1) [Section 60ZR Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020] A major project impact statement is a statement that addresses the matters that are set out, in accordance with section 60ZM(4) , in the assessment criteria in relation to the major project, as matters that are required to be addressed in a major project impact statement.(2) [Section 60ZR Subsection (2) inserted by No. 33 of 2022, s. 19, Applied:17 May 2023] If the Minister, under section 60TG(2) , amends a declaration of a major project so that the declaration also relates to an additional area of land, the major project impact statement in relation to the project that is subsequently provided under section 60ZS(1) may relate to the additional area of land, but if it does so, the major project impact statement is to include a statement –(a) identifying the additional area of land; and(b) stating that the area of additional land was not included in the declaration of a major project as originally made.
60ZS. Major project impact statement to be provided by proponent
[Section 60ZS Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) A proponent of a major project must provide to the Panel a major project impact statement in relation to the major project before the end of –whichever period last expires.(a) the period of 12 months from the day on which the proponent receives under section 60ZQ(a) a copy of the assessment criteria; or(b) another period determined by written agreement between the Panel and the proponent; or(c) the period extended under subsection (2) –(2) The Panel, by notice to a proponent, may extend the period in which the proponent must provide a major project impact statement to the Panel.(3) The Panel must notify the Minister if a proponent has failed to comply with subsection (1) .(4) The Panel, as soon as practicable, and in any case not more than 7 days after receiving under subsection (1) a major project impact statement in relation to a major project, must provide a copy of the statement to each participating regulator.
60ZT. Project-related permit may be given to enable preparation of major project impact statement
[Section 60ZT Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) Subsection (2) applies in relation to a major project if –(a) assessment criteria are determined under section 60ZM(1) in relation to the major project; and(b) in order to prepare a major project impact statement in relation to the major project, it is reasonably necessary for the proponent to engage in an activity that is not permitted under a project-associated Act unless there is a project-related permit in relation to the activity.(2) If this subsection applies in relation to a major project, the person or body to whom an application for a project-related permit may be made under an Act must issue to the proponent, under that Act, a project-related permit, authorising the carrying out of the activity, as if –(a) the proponent had made under that Act a valid application for the permit; and(b) the permit may, under that Act, be issued, in respect of the activity, to the proponent.(3) A project-related permit may be issued in accordance with subsection (2) subject to the conditions or restrictions that may be imposed on the permit under the relevant project-associated Act.(4) A project-related permit, issued in accordance with subsection (2) in respect of an activity in relation to a major project, ceases to be in force on the day on which –whichever occurs first.(a) the declaration of a major project in relation to the major project is revoked under section 60U ; or(b) [Section 60ZT Subsection (4) amended by No. 33 of 2022, s. 20, Applied:17 May 2023] a major project permit is granted under section 60ZZM(1)(a) in relation to the major project or, if the project-related permit relates to a matter that is required to be addressed in a major project impact statement that relates to a proposed amendment to a major project permit, after the amendment has been granted or refused; or(c) the proponent is notified under section 60ZZM(1)(b) that the Panel has refused to grant a major project permit in relation to the major project –
60ZU. Certain permissions may be given to enable preparation of major project impact statement
[Section 60ZU Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) Subsection (2) applies in relation to an activity, on land to which a major project relates, that is not permitted under a planning scheme unless there is a permit in relation to the activity, if –(a) assessment criteria are determined under section 60ZM(1) in relation to the major project; and(b) in order to prepare a major project impact statement in relation to the major project, it is reasonably necessary for the proponent to engage in the activity on the land.(2) If this subsection applies in relation to an activity, the Panel may, by notice to the proponent of a major project, authorise, subject to the conditions or restrictions the Panel thinks fit and specifies in the notice, all or part of the activity to be carried out on the part of the land, specified in the notice, that is land to which the major project relates.(3) If the Panel issues under subsection (2) a notice in relation to an activity –(a) the Panel must give to the relevant planning authority a copy of the notice; and(b) the carrying out of the activity in accordance with the notice is taken to be authorised under this Act and a relevant planning scheme; and(c) the carrying out of the activity in accordance with the notice is not, despite any provision of this Act or a planning scheme, to be taken to be in contravention of section 63 .(4) The Minister, in writing, may grant to a proponent, under this subsection, an authority for the proponent, and persons acting on behalf of the proponent, to do either or both of the following:(a) to enter land that is public land, within the meaning of section 4 of the Public Land (Administration and Forests) Act 1991 ;(b) to carry out –activities, including testing, that are reasonably required to be carried out by or on behalf of the proponent for the purposes of enabling the proponent to prepare or amend a major project impact statement in relation to the major project.(i) on public land, with the permission of the person in whom the land is vested; or(ii) on other land, if the major project relates to the land and the permission of the owner of the land has been obtained –(5) An authority under subsection (4) is subject to the terms and conditions specified in the authority.(6) If the land to which an authority under subsection (4) relates is not vested in the Crown, the Minister, before granting the authority, is to notify the person or body in whom or which the land is vested.(7) Despite any other Act, including this Act, the proponent to whom an authority is granted under subsection (4) and persons acting on behalf of the proponent may, under and in accordance with the authority –(a) enter and remain on the land to which the authority relates, together with any vehicles, machinery and equipment necessary for carrying out activities referred to in subsection (4) , for the purpose of carrying out such activities; and(b) carry out on that land activities referred to in subsection (4) .(8) A notice or authority issued or granted under subsection (2) or subsection (4) , in respect of an activity in relation to a major project, ceases to be in force on the day on which –whichever occurs first.(a) the declaration of a major project in relation to the major project is revoked under section 60U ; or(b) [Section 60ZU Subsection (8) amended by No. 33 of 2022, s. 21, Applied:17 May 2023] a major project permit is granted under section 60ZZM(1)(a) in relation to the major project or, if the notice or authority relates to a matter that is required to be addressed in a major project impact statement that relates to a proposed amendment to a major project permit, after the amendment has been granted or refused; or(c) the proponent is notified under section 60ZZM(1)(b) that the Panel has refused to grant a major project permit in relation to the major project –
60ZV. Participating regulator and Panel may seek amended major project impact statement
[Section 60ZV Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) A participating regulator that has been provided under section 60ZS(4) with a copy of a major project impact statement may, within 21 days or a longer period allowed by the Minister, give to the Panel a notice requesting the Panel to require the proponent to provide to the Panel a major project impact statement that has been amended so as to contain the information specified in the notice.(2) The information specified in a notice under subsection (1) from a participating regulator is to be information that the participating regulator considers to be necessary to enable the regulator to determine the contents of the regulator’s final advice in relation to the major project.(3) The Panel, within 7 days after receiving under subsection (1) a notice from a participating regulator in relation to a major project impact statement, must, by notice to the proponent, request the proponent to provide to the Panel, within a period specified in the notice to the proponent, the major project impact statement amended so as to contain the information specified in the notice to the proponent.(4) The information specified in the notice to the proponent under subsection (3) is to be the information specified in the notice received by the Panel under subsection (1) .(5) The Panel may only give a notice to the proponent under subsection (3) within the period of 42 days, or a longer period allowed by the Minister, after the Panel has received from the proponent under section 60ZS a major project impact statement in relation to the major project.(6) A proponent to whom a notice is given under subsection (3) is to take all reasonable steps to provide to the Panel, as soon as practicable but in any case within the period specified in the notice, the major project impact statement amended so as to contain the information specified in the notice.(7) The Panel, within 7 days after a major project impact statement, amended so as to contain the information specified in the notice under subsection (3) , is provided to the Panel under subsection (6) , must –(a) provide the major project impact statement, as so amended, to the participating regulator who gave under subsection (1) the notice to which the notice under subsection (3) relates; and(b) if the information also relates to a matter that may be relevant to another participating regulator, provide to that particular regulator the major project impact statement as so amended.(8) If a participating regulator has given to the Panel a notice under subsection (1) in relation to a major project impact statement, the period between –is not to be counted in the calculation of the period referred to in subsection (1) in relation to the participating regulator to which the information is given.(a) the day on which that notice is given; and(b) the day on which the major project impact statement, amended so as to contain the information specified in the notice under subsection (3) , is provided to a participating regulator under subsection (7) –
60ZW. Panel may request further information
[Section 60ZW Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) The Panel, in writing, may request any of the following persons to provide to the Panel, within the period specified in the request, further information of the kind specified in the request:(a) the proponent of the major project;(b) a council;(c) a State Service Agency;(d) a Tasmanian Government Business;(e) the Wellington Park Management Trust.(2) [Section 60ZW Subsection (2) substituted by No. 33 of 2022, s. 22, Applied:17 May 2023] The Panel may only make a request under subsection (1) within the period of 42 days after the Panel has received from the proponent under section 60ZS(1) a major project impact statement in relation to the major project.(3) The Panel may only request a person to provide further information under subsection (1) if the information may assist the Panel to determine –(a) whether to grant a major project permit in relation to the major project; or(b) if the Panel were to grant a major project permit in relation to the major project, the conditions or restrictions, if any, to which the permit is to be subject.(4) If the further information that may be provided further to a request made under subsection (1) may relate to a matter to which a participating regulator is likely to have regard in determining what final advice under section 60ZZF(1) to give in relation to the major project, the Panel must notify the participating regulator of the request and of the day on which the request was made.
60ZX. Provision to Panel of further information
[Section 60ZX Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) A person to whom a request is made under section 60ZW(1) is to take all reasonable steps to provide to the Panel, as soon as practicable but in any case within the period specified in the request or a longer period allowed by the Minister, the information specified in the request.(2) The Panel, as soon as practicable after information in relation to the major project is provided to the Panel under subsection (1) , must give the information to a participating regulator, if the information relates to a matter to which the participating regulator is likely to have regard in determining the contents of the participating regulator’s final advice under section 60ZZF(1) in relation to the major project.
Subdivision 11 - Participating regulator's preliminary advice and initial assessment reports[Subdivision 11 of Division 2A of Part 4 Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020]
60ZY. Participating regulator's preliminary advice to Panel
[Section 60ZY Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) A participating regulator in relation to a major project must provide to the Panel, before the end of the relevant period in relation to the participating regulator, preliminary advice in relation to the major project.(2) A participating regulator in relation to a major project must, in determining what to include in the participating regulator's preliminary advice in relation to the major project, consider –(a) the assessment criteria in relation to the major project; and(b) the major project impact statement in relation to the project.(3) For the purposes of subsection (1) , the relevant period in relation to a participating regulator is –(a) if the participating regulator is the EPA Board and the EPA Board has given to the Panel an extension notice under section 60ZC(1) – 91 days, or a longer period allowed by the Minister, after the regulator received under section 60ZS(4) the major project impact statement in relation to the major project; or(b) if paragraph (a) does not apply – 42 days, or a longer period allowed by the Minister, after the regulator received under section 60ZS(4) the major project impact statement in relation to the major project.(4) If the Panel has, further to a request by a participating regulator under section 60ZV(1) , requested the proponent under section 60ZV(3) to provide to the Panel an amended major project impact statement in relation to a major project, the period between –is not to be counted in the calculation of the relevant period under subsection (1) in relation to the participating regulator.(a) the day on which the request is made under section 60ZV(1) ; and(b) the day on which the Panel provides that amended major project impact statement to the participating regulator under section 60ZV(7) –(5) If the Panel has, under section 60ZW(1) , requested a person to provide the Panel with further information that relates to a matter to which a participating regulator is likely to have regard in determining what final advice to give under section 60ZZF(1) in relation to the major project, the period between –is not to be counted in the calculation of the relevant period under subsection (1) in relation to the participating regulator.(a) the day on which the request is made under section 60ZW(1) ; and(b) the day on which the Panel gives that information to the participating regulator under section 60ZX(2) –
60ZZ. Contents of participating regulator's preliminary advice
[Section 60ZZ Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) For the purposes of section 60ZY(1) , a participating regulator's preliminary advice in relation to a major project is a document containing –(a) preliminary refusal advice from the participating regulator; or(b) preliminary condition advice from the participating regulator.(2) Preliminary refusal advice from the participating regulator is advice –(a) that the participating regulator, at the time of giving the preliminary advice, intends to request the Panel, in the regulator’s final advice under section 60ZZF(1) , to refuse to grant a major project permit in relation to the major project; and(b) containing the reasons for the participating regulator’s advice.(3) A participating regulator may only include preliminary refusal advice in its preliminary advice if it could, in accordance with Subdivision 13 , include, in the regulator’s final advice under section 60ZZF(1) in relation to the major project, advice that the regulator intends, at the time of giving the advice, to request the Panel to refuse to grant a major project permit in relation to the major project.(4) Preliminary condition advice from the participating regulator is advice –(a) that, at the time of giving the participating regulator's preliminary advice, the participating regulator does not request the Panel to impose conditions or restrictions on a major project permit, if the Panel were to grant such a permit in relation to the major project; or(b) specifying the conditions or restrictions that the participating regulator, at the time of giving the participating regulator's preliminary advice, requests the Panel to impose on a major project, if the Panel were to grant such a permit in relation to the major project.(5) The preliminary advice of a participating regulator may only contain preliminary condition advice if the participating regulator does not, at the time of giving the preliminary advice, intend to request the Panel, in the regulator’s final advice under section 60ZZF(1) , to refuse to grant a major project permit in relation to the major project.(6) A participating regulator may only include, in the participating regulator's preliminary condition advice, advice as to a condition or restriction if such a condition or restriction could, in accordance with Subdivision 13 , be included in the regulator’s final advice under section 60ZZF(1) in relation to the major project.
60ZZA. Initial assessment report
[Section 60ZZA Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) [Section 60ZZA Subsection (1) substituted by No. 33 of 2022, s. 23, Applied:17 May 2023] The Panel must prepare an initial assessment report in relation to a major project within 28 days, or a longer period allowed by the Minister, after whichever is the later of the following:(a) the day by which a participating regulator must give to the Panel a notice under section 60ZV(1) ;(b) the day on which the Panel received from a person or body information that the Panel requested under section 60ZW ;(c) the day on which the Panel last received under section 60ZY(1) a preliminary advice in relation to the major project from a participating regulator.(2) A initial assessment report in relation to a major project –(a) must include a statement setting out the Panel's opinion, having regard to the information that is before the Panel prior to the public exhibition of the major project, as to the extent to which the major project impact statement in relation to the major project addresses the matters that are set out, in accordance with section 60ZM(4) , in the assessment criteria in relation to the major project; and(b) must include a statement setting out any other information in relation to the major project that is provided to the Panel by a proponent under this Division after the major project impact statement was provided to the Panel under section 60ZS(1) ; and(c) may include any conditions or restrictions which the Panel considers that, having regard to the information that is before the Panel prior to the public exhibition of the major project, it may impose on a major project permit, if the Panel were to grant under section 60ZZM such a permit in relation to the major project.
Subdivision 12 - Exhibition and hearings[Subdivision 12 of Division 2A of Part 4 Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020]
60ZZB. Notification and exhibition of major project
[Section 60ZZB Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) The Panel must give the relevant notice of the public exhibition of a major project.(2) The Panel must give the relevant notice of the public exhibition of a major project within 14 days after preparing under section 60ZZA(1) the initial assessment report in relation to the major project.(3) The Panel is taken to have given the relevant notice of the public exhibition of a major project if a notice for the purposes of this subsection is –(a) placed in a newspaper that is published, and circulates generally, in Tasmania; and(b) set out on a sign that is not less than A4 size and is displayed, on the land to which the major project relates, as near as practicable to each boundary of the land that adjoins land to which the public has access; and(c) specified in a document given to the owners, the occupiers, and the lessees, of any part of land adjoining the land to which the major project relates; and(d) where the proponent is not the owner of all of the land to which the major project relates – specified in a document given to each owner of the land.(4) A notice for the purposes of subsection (3) in relation to a major project –(a) is to specify the exhibition period in relation to the major project; and(b) is to specify a place where a copy of –will be available for inspection by the public during normal business hours during the exhibition period; and(i) the assessment criteria in relation to the major project; and(ii) the major project impact statement in relation to the major project; and(iii) the initial assessment report in relation to the major project –(c) [Section 60ZZB Subsection (4) amended by No. 33 of 2022, s. 24, Applied:17 May 2023] is to specify that the copies referred to in paragraph (b) will also be available for viewing or downloading at the website address of the Commission that is specified in the notice, being the Commission’s principal website; and(d) is to specify that representations in relation to the major project may be made to the Panel during the exhibition period; and(e) is to specify the address, and an electronic address, at which a representation may be lodged; and(f) is to contain the prescribed information, if any.(5) The exhibition period specified in accordance with subsection (4)(a) in a notice for the purposes of subsection (3) is to be a period that –(a) begins on the day on which the notice is published in a newspaper in accordance with subsection (3)(a) ; and(b) ends on a day that is not less than 28 days after the notice is so published.(6) After the Panel gives the relevant notice of the public exhibition of a major project, the Panel, and the planning authority for any land on which all or part of the major project is to be situated, must ensure that there are available, at the place, and during the exhibition period, specified in the notice for the purposes of subsection (3) –(a) the assessment criteria in relation to the major project; and(b) the major project impact statement in relation to the major project; and(c) the initial assessment report in relation to the major project.(7) If a period referred to in this section includes any days on which the offices of the Commission are closed during its normal business hours, that period is to be extended by the number of those days.(8) A person must not, within the exhibition period specified in the notice for the purposes of subsection (3) , obscure or remove a sign that, in accordance with subsection (3)(b) , is displayed on the land to which the notice relates.Penalty: Fine not exceeding 10 penalty units.(9) The Commission, as soon as practicable after the exhibition period in relation to a major project begins, must place on the Commission's principal website –and keep those copies on the website until the end of the exhibition period.(a) a copy of the information contained in the notice for the purposes of subsection (3) in relation to the major project; and(b) a copy of –(i) the assessment criteria in relation to the major project; and(ii) the major project impact statement in relation to the major project; and(iii) the initial assessment report in relation to the major project –
60ZZC. Notification in relation to major project
[Section 60ZZC Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) The Panel, within 14 days after preparing under section 60ZZA(1) the initial assessment report in relation to the major project, must give a notice in relation to the major project to –(a) the proponent of the major project; and(b) if the proponent is not the owner of all of the land on which the major project is to be situated – the owners of the parts of the land that the proponent does not own; and(c) the owners of, the occupiers of, and the lessees of, any part of land adjoining the land on which the major project is to be situated; and(d) each participating regulator in relation to the major project; and(e) each person who has made a representation under section 60ZL(2) in relation to the draft assessment criteria in relation to the major project; and(f) the council that is the relevant planning authority in relation to the major project; and(g) each council that is not a relevant planning authority in relation to the major project but that is the council for a municipal area that is in the regional area, or regional areas, in which the major project is to be situated; and(h) if the major project is to be situated on an area of land that is not within any municipal area – all councils for an area of land in a regional area that is adjacent to the area of land in which the major project is to be situated; and(i) all State Service Agencies and Tasmanian Government Businesses that have been notified of the major project under section 60ZJ(1) ; and(j) if all or part of the land on which the major project is to be situated is in Wellington Park – the Wellington Park Management Trust.(2) The notice under subsection (1) in relation to a major project is to –(a) contain the information, in relation to the major project, that is specified in relation to the major project in the notice referred to in section 60ZZB(4) ; and(b) invite the person to whom the notice is given to make a representation in relation to the major project.(3) The Panel must, within 14 days after preparing under section 60ZZA(1) the initial assessment report in relation to the major project, give to the proponent a copy of the report.
60ZZD. Representations in relation to major project
[Section 60ZZD Inserted by No. 21 of 2020, s. 12, Applied:28 Oct 2020](1) A person may make a representation to the Panel, in relation to a major project to which a notice under section 60ZZB(1) relates, by lodging the representation at the address, or electronic address, specified in the notice.(2) A representation under subsection (1) by a person in relation to a major project may relate to any or all of the following matters:(a) the major project;(b) the major project impact statement in relation to the major project;(c) any conditions or restrictions that the person considers ought to be specified on any major project permit, if the Panel were to grant such a permit in relation to the major project;(d) any amendment to a planning scheme (other than to the SPPs) that the person considers may be required, or is proposed, to be made in order for the major project to comply with the requirements of a relevant planning scheme;(e) any matter included, in accordance with section 60ZZA(2) , in the initial assessment report.(3) A representation under subsection (1) that is made by a person in relation to a matter referred to in subsection (2)(c) may relate to any of the following in relation to a major project:(a) the conditions or restrictions included, in accordance with section 60ZZA(2)(c) , in the initial assessment report in relation to the major project;(b) any other condition or restriction, in relation to a matter to which an amendment to a planning scheme (other than to the SPPs) may relate, that the person considers ought to be imposed on a major project permit, if the Panel were to grant such a permit in relation to the major project;