Miscellaneous Legislative Amendments – Land Use Planning and Approvals Act 1993 and Tasmanian Planning Commission Act 1997

The Land Use Planning and Approvals Amendment (Tasmanian Planning Polices and Miscellaneous Amendments) Act 2018 (the Act) commenced on 17 December 2018.

The Act makes a number of miscellaneous legislative amendments to the Land Use Planning and Approvals Act 1993 (LUPAA) and the Tasmanian Planning Commission Act 1997 (TPC Act) that provide direction to the Minister when he or she is declaring or reviewing a regional land use strategy.  The amendments also streamline the Local Provisions Schedules (LPSs) assessment process under LUPAA, and improve the functionality of LUPAA and the TPC Act.

The miscellaneous legislative amendments to LUPAA and the TPC Act:

  • ensure that regional land use strategies further the objectives set out in Schedule 1 of LUPAA, are consistent with each Tasmanian State Policy, and are consistent with the Tasmanian Planning Policies;
  • streamline the LPSs assessment process by providing mechanisms that will allow planning authorities and the Tasmanian Planning Commission (the Commission) to determine that a draft LPS meets the ‘LPS criteria’ more quickly;
  • provide the Commission with the ability to issue an ‘LPS criteria outstanding issues notice’ to expedite the public exhibition of a draft LPS, as long as the matters are addressed later;
  • remove an unnecessary administrative step in the draft LPS assessment process that will allow the Commission to place a draft LPS on public exhibition more efficiently;
  • provide for the efficient alignment of the State Planning Provisions (SPPs) with a planning directive that has been approved after the SPPs were ‘made’ on 22 February 2017;
  • ensure that identified State agencies and State authorities are notified directly about proposed amendments to planning schemes before a draft amendment of either an LPS or a draft amendment of an existing planning scheme is publicly exhibited – to allow for the State’s interests to be included in the consideration of a draft amendment as early as possible in the assessment process; and
  • allow the Commission to correct a decision made by the Commission that contains a ‘minor’ clerical mistake or ‘error’ arising from an accidental slip or omission in a final decision – if the decision has not taken effect and the rights and obligations of any person has not been altered.

The Land Use Planning and Approvals Amendment (Tasmanian Planning Policies and Miscellaneous Amendments) Act 2018, Land Use Planning and Approvals Act 1993 and Tasmanian Planning Commission Act 1997 are available at Tasmanian Legislation Online.

fact sheet is available that explains the miscellaneous legislative amendments to LUPAA and the TPC Act.