Draft Land Use Planning and Approvals Amendment Bill 2022

What's new? Have your say on a draft Bill proposing refinements to the assessment process for major projects.

Consultation period 8 April – 12 May 2022. See below for more information about this draft Bill, what is being considered during the consultation period, and advice on how to have your say.

Summary

The Land Use Planning and Approvals Act 1993 (LUPA Act) was amended in 2020 to introduce the major projects assessment process.  Applying the new major projects assessment process to the new Bridgewater Bridge project identified where some improvements to the process could be made and the Government is now seeking to address these with the draft Land Use Planning and Approvals Amendment Bill 2022 (PDF, 992.7 KB) (draft Bill). The draft Bill is now available for comment.

In summary, the draft Bill proposes various amendments that are intended to improve the major projects assessment process in the following ways:

  1. improve the assessment process in relation to sensitive material, for example by preventing the public display of culturally sensitive Aboriginal heritage information during the assessment process;
  2. update references to legislation that has been repealed since the major projects process came into operation, such as the Gas Pipelines Act 2000;
  3. enable easier public involvement in the process through better use of digital technology, for example by sharing information digitally. This will also make it easier to meet statutory notification requirements;
  4. provide fairer outcomes for landowners who are not the proponent/developer but whose land is included within a major project declaration. The amendments will make it clearer to all involved when a major project is completed and where a landowner may still apply for a planning permit on their land;
  5. enable the Commission or assessment panel or a regulator to grant permission for site investigations to occur once a major project is declared and before the assessment criteria is finalised, in circumstances where the site investigation is necessary or must occur early to align with the seasonal survey requirements and the site investigations have been identified in the major project proposal;
  6. allow the assessment panel to consider aspects of a proposed major project on land outside of the declared area and make recommendations to the Minister, where appropriate, to alter the declared area of the proposed major project;
  7. clarify that the process continues if regulators do not respond at various stages in the process when they are required to respond;
  8. provide the assessment panel with more time to co-ordinate responses from regulators with an additional 14 days to make the final assessment criteria and an additional 14 days to prepare the initial assessment report;
  9. allow the assessment panel to address any minor administrative errors that may occur during the assessment process including notifying any persons that may have not been included in earlier consultations and seeking their views before a final decision is made on the proposed major project; and
  10. Revising the current major project permit amendment processes to enable an additional process option that is relative to the scale of the proposed permit amendment. This is for permit amendments that are larger than a minor amendment but less complex than a significant amendment to a major project permit. This additional option will involve public exhibition of the proposed major project permit amendment and public hearings.

Consultation

The State Planning Office is seeking your input in the draft Bill as it relates to the ten matters above. You can have your say on all ten matters or focus on only one or some of them.

See the key documents below for more information about each matter. These documents provide details about the issues and what is proposed in the draft Bill. If you wish to respond to all ten matters, you can download the information package which is a consolidated version of the key documents.

Please read the key documents below before preparing your submission.

Key documents

Draft Land Use Planning and Approvals Amendment Bill 2022 (PDF, 992.7 KB) (draft Bill)
Marked up version of Principal Act (PDF, 7.7 MB) (LUPA Act as it will appear if the Bill is passed)
Information sheet 1 - amendments relating to sensitive material (PDF, 153.3 KB)
Information sheet 2 - updating legislation references in line with current Acts (PDF, 133.8 KB)
Information sheet 3 - making better use of digital technology for information sharing (PDF, 132.0 KB)
Information sheet 4 - relating to landowners whose land is included in a major project declaration (PDF, 156.2 KB)
Information sheet 5 - granting permission for site investigations after a major project has been declared (PDF, 134.3 KB)
Information sheet 6 - relating to land outside the area declared for a major project (PDF, 155.7 KB)
Information sheet 7 - clarifying the process where a regulator fails to provide a response (PDF, 131.9 KB)
Information sheet 8 - providing the Assessment Panel with additional time to consolidate advice from regulators (PDF, 143.0 KB)
Information sheet 9 - correcting minor administrative errors before a final decision is made (PDF, 119.2 KB)
Information sheet 10 - introducing an additional process option for amending a major project permit (PDF, 145.6 KB)
Information package (PDF, 538.8 KB) (all information sheets)

Have your say

Consultation will be held for 5 weeks starting 8 April 2022. You can have your say by making a written submission and posting or emailing it to our Office by 5pm, Thursday 12 May 2022. Submissions must be received by our Office before the consultation period closes.

Postal address:

State Planning Office
Department of Premier and Cabinet
GPO Box 123
Hobart TAS 7001

Email address:

yoursay.planning@dpac.tas.gov.au

Personal information

Submissions will be treated as public information and will be published on our website unless confidentiality is specifically requested. No personal information other than an individual’s name or the organisation making a submission will be published.

For further information, please contact the State Planning Office by emailing stateplanning@dpac.tas.gov.au, or read the Tasmanian Government Public Submissions Policy.