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).