Draft Amendment to State Planning Provisions – Terms of Reference

The Tasmanian Government recognises the importance of keeping the State Planning Provisions (SPPs) under regular review to ensure the intended planning outcomes are being delivered.

With planning authorities currently in process of preparing their Local Provisions Schedules (LPSs), this provides an opportunity to address any issues that are identified in the SPPs prior to them becoming operative in each municipality.

Recent amendments have also been passed to transitional provisions in Schedule 6 of the Land Use Planning and Approvals Act 1993 (the Act) specifically to provide for code-applying provisions, such as local heritage place lists, to be transferred to the draft LPSs and approved LPSs.

The recent approval of Planning Directive 5.1 - Bushfire-Prone Areas Code (PD5.1) should also be considered in context of the SPPs, as the SPPs include a Code based on earlier versions of the planning directive (Interim Planning Directive No.1.1 and Planning Directive No.5).

A number of minor drafting errors and anomalies have also been identified since the making of the SPPs, which should be rectified.

Therefore, in accordance with section 30C of the Act, the Minister for Planning and Local Government has prepared the SPP Draft Amendment 01-2017 Terms of Reference (pdf, 312.2 KB) in relation to the preparation of the draft amendment to the SPPs, to address the above matters. These matters are minor in nature and do not propose any change to the policy settings in the SPPs.  There is capacity in the Act for the public notification processes to be suspended where no major changes to the SPPs are proposed.

Division 2 of the Act sets out the statutory requirements for making amendments to the SPPs.

The Terms of Reference sets out the background, scope of the draft amendment and statutory requirements for preparation of the draft amendment. The next step, as required under the Act, is for the Minister to consult with key stakeholders, including the Tasmanian Planning Commission and all planning authorities, in relation to the preparation of a draft amendment of the SPPs.

The process for amendment of the SPPs can be viewed and downloaded from the Tasmanian Planning Commission’s website - State Planning Provisions amendment process flowchart (pdf, 124.2 KB).

Information Sheet – Amendment to SPP Local Heritage Code (pdf, 129.6 KB) is also available on the amendment to the Local Historic Heritage Code in the State Planning Provisions (SPPs) and the opportunities for transferring existing local heritage places, local heritage precincts and significant trees under the transitional provisions in Schedule 6 of the Land Use Planning and Approvals Act 1993 (the Act).

Major Projects Reforms - submissions under review

The Tasmanian Government recently sought comments on a draft Bill to amend the Land Use Planning and Approvals Act 1993 to introduce a new major projects assessment process. The proposed reforms will deliver on the Government’s commitment to provide for in-principle approval for major development proposals, subject to the conditions or requirements for full approval being met. The proposed reforms also include:

  • Revised Ministerial call-in powers to clarify the types of projects that are eligible to be assessed by an expert planning panel appointed by the Tasmanian Planning Commission and by other relevant regulators under their relevant project-associated Act.
  • An expanded suite of approvals through a single coordinated process and single permit. These include approvals under planning, environmental, Aboriginal cultural heritage, historic cultural heritage, threatened species and nature conservation legislation.
  • Greater certainty for proponents through a ‘no reasonable prospect’ test early in the process and prior to preparation of a Major Project Impact Statement.
  • Improved community consultation and engagement, including public exhibition of the Major Project Proposal, draft Assessment Guidelines, Major Project Impact Statement and draft Assessment Report.

The period for comment closed on Monday 2 October and 195 submissions were received with a further 3 submissions being received over the following few days. The submissions raised a number of issues that are being carefully considered by the Government with a view to preparing a final draft Bill.

Download the Land Use Planning and Approvals Amendment (Major Projects) Draft Bill 2017 (pdf, 1.6 MB)

Download the Major Projects - Land Use Planning and Approvals Amendment (Major Projects) Bill 2017: Consultation Paper & Draft Exposure Bill (pdf, 1.5 MB)

Minister's Advisory Statements

The following three Advisory Statements have been prepared to assist councils, primarily with respect to the preparation of the Local Provisions Schedules (LPSs), and have been endorsed by the Minister for Planning and Local Government.

Advisory Statement Transitional Arrangements for Existing Particular Purpose Zones, Specific Area Plans & Site Specific Qualifications (pdf, 254.4 KB), provides information on transitioning existing particular provisions in interim planning schemes to the Local Provisions Schedules (LPSs), such as the conversion of specific area plans and particular purpose zones to the same, or the most appropriate mechanism.

Additionally, the Government is introducing a further refinement to the savings provisions in the Land Use Planning and Approvals Act 1993 (the Act) for continuing protection for places listed in heritage codes.

Advisory Statement Amendment of Regional Land Use Strategies for the finalisation of draft Local Provisions Schedules (pdf, 152.2 KB), provides guidance to planning authorities and the three regional council groups in relation to the process for amendments to RLUS, should they be required.

The time for a more comprehensive review of the regional land use strategies will follow the introduction of the Government's Tasmanian Planning Policies (TPPs), which will not be implemented through the first LPSs.

Advisory Statement Amendments to the State Planning Provisions (pdf, 137.2 KB), provides advice on the process for amendments to the SPPs, as outlined in Division 2 of Part 3 of the Act.

Visitor accommodation just got easier

The home sharing or accommodation sharing market is a key component of tourism in Australia.

That is why the Tasmanian Government is making it easier for Tasmanians to share their own homes—whether they’re taking off on a rare holiday and giving a visitor cheap rates in exchange for dogsitting or they’re regularly letting out spare rooms to folks coming down for festivals and events.

Under old regulations

  • Any use of a building to accommodate visitors required a planning permit, including spare rooms in your own home
  • This was the case irrespective of scale or location
  • The requirements differed across the state

As of 1 July 2017

  • Visitor accommodation in your own home will not require a permit
    (If let while you're on holiday or temporarily absent; or you’re not letting more than 4 bedrooms in the house)
  • This exemption applies to every zone in planning schemes, including residential areas, cities, towns, villages and rural areas across Tasmania
  • Using investment properties for visitor accommodation will now be standardised in all residential zones across the state, creating a level playing field in any location from inner cities to villages and low density or rural residential areas

The government’s reforms will be delivered in the short term through the Interim Planning Directive, available from the Tasmanian Planning Commission.

In the longer term, local councils will prepare Local Provision Schedules in line with the State Planning Provisions to finalise the process.

We’re introducing simple self-compliance, capping fees and simplifying processes when permits are required to help make it easier to use your own home or investment property for visitor accommodation.

To find out more about the new reforms, review the

Guidance for drafting Local Provisions Schedules

Guideline No.1 – Local Provisions Schedules (LPS): zone and code application has been issued by the Tasmanian Planning Commission under section 8A of the Land Use Planning and Approvals Act 1993 (the Act) with the approval of the Minister for Planning and Local Government.

The Guideline was prepared by the Department of Justice, Planning Policy Unit (PPU) and provides an easy reference guide for the application of all zones and codes in the State Planning Provisions (SPPs) for the preparation of draft Local Provisions Schedules (LPSs).

The Commission has also issued four Practice Notes to assist local councils with the technical aspects of preparing zone and code maps and the written LPS document.

The Commission has also established a planners portal as a central resource to provide statewide technical guidance on the LPS requirements in the SPPs, and the requirements in the Guideline and Practices Notes, to council planners, GIS specialists or consultants that are preparing draft LPSs.

The PPU has also established a frequently asked questions section below to provide advice on other policy matters relating to the SPPs, Tasmanian Planning Policies, Regional Land Use Strategies, or the planning legislation. Questions may be submitted to planning.unit@justice.tas.gov.au and responses to these questions will be displayed in the frequently asked questions section below.

Published 5 May 2017