LAND USE PLANNING AND APPROVALS ACT 1993
LAND USE PLANNING AND APPROVALS ACT 1993
- Act 70 of 1993 - Royal Assent 9 November 1993 TABLE OF PROVISIONS Long Title PART 1 - Preliminary 1. Short title 2. Commencement 3. Interpretation 4. Application of Act 5. Objectives to be furthered 5A. Regional areas and regional land use strategies 6. Delegation 7. Application of Tasmanian Planning Scheme, and exercise by municipalities of powers, in respect of accretions from sea, &c. 8. Functions of Commission 8A. Guidelines PART 2 - The Tasmanian Planning Scheme 9. The Tasmanian Planning Scheme 10. Tasmanian Planning Scheme in relation to particular municipal area 11. Contents of planning schemes and Tasmanian Planning Scheme 12. Existing uses and developments PART 2A - Tasmanian Planning Policies 12A. Interpretation of Part 2A 12B. Contents and purposes of Tasmanian Planning Policies 12C. Draft of the TPPs 12D. Public exhibition of draft of the TPPs 12E. Representations 12F. Report by Commission 12G. Making of the TPPs 12H. Amendments of the TPPs 12I. Minister to review the TPPs PART 3 - State Planning Provisions Division 1 - Making of State Planning Provisions Subdivision 1 - Interpretation of Division 1 13. Interpretation of Division 1 Subdivision 2 - Contents, criteria and explanatory documents in relation to SPPs 14. Contents of State Planning Provisions 15. SPPs criteria 16. Explanatory documents Subdivision 3 - Preparation of draft of the SPPs 17. Terms of reference in relation to draft of the SPPs 18. Preparation of draft of the SPPs by Minister 19. Minister may direct Commission to prepare draft of the SPPs 20. Minister may direct Commission to modify draft of the SPPs Subdivision 4 - Public exhibition 21. Approval for public exhibition 22. Exhibition of relevant exhibition documents in relation to draft of the SPPs 23. Representations 24. Consideration by Commission 25. Commission report Subdivision 5 - Making of State Planning Provisions 26. Matters to be considered in making the State Planning Provisions 27. Making of State Planning Provisions 28. Notice of decision in relation to modifications of draft of the SPPs 29. When the SPPs come into effect as part of Tasmanian Planning Scheme 30. When the SPPs come into effect in relation to municipal area Division 2 - Amendment of the SPPs Subdivision 1 - Interpretation of Division 2 30A. Interpretation of Division 2 Subdivision 2 - Preparation of draft amendments of the SPPs 30B. Contents of amendments 30BA. Minister may determine that SPPs should reflect certain planning directives 30C. Terms of reference in relation to draft amendment of the SPPs 30D. Preparation of draft amendment of the SPPs by Minister 30E. Minister may direct Commission to prepare draft amendment of the SPPs 30F. Minister may require Commission to modify draft amendment of the SPPs Subdivision 3 - Public exhibition 30G. Approval for public exhibition 30H. Section 30H 30I. Section 30I 30J. Section 30J 30K. Exhibition of relevant exhibition documents in relation to draft amendment of the SPPs 30L. Representations 30M. Consideration by Commission 30N. Commission report Subdivision 3A - Minor amendments of the SPPs 30NA. Preparation of minor amendments of the SPPs Subdivision 3B - Interim SPPs amendments 30NB. Interim SPPs amendments 30NC. Effect, and taking effect, of interim SPPs amendment 30ND. Revocation of interim SPPs amendment Subdivision 4 - Making of amendment of the SPPs 30O. Matters to be considered in making amendment of the SPPs 30P. Making of amendment of the SPPs 30Q. Notice of decision in relation to modifications of draft amendment of the SPPs 30R. When amendment of the SPPs comes into effect as part of Tasmanian Planning Scheme 30S. When amendment of the SPPs comes into effect in relation to municipal area Division 3 - Miscellaneous 30T. Review of the SPPs PART 3A - Local Provisions Schedules Division 1 - Interpretation 31. Interpretation of Part Division 2 - Contents of LPSs 32. Contents of LPSs 33. Interpretation of inconsistency in LPS 34. LPS criteria Division 3 - Preparation of draft LPS 35. Draft LPS to be provided to Commission 35A. Commission may be required to provide draft LPS Division 4 - Public exhibition 35B. Directions to exhibit draft LPSs 35C. Notice of exhibition of draft LPS 35D. Exhibition of draft LPS 35E. Representations 35F. Report by planning authority to Commission about exhibition 35G. Planning authority may notify Minister as to whether amendment of SPPs is required 35H. Hearings 35I. Withdrawal of draft LPS Division 5 - Approval of Local Provisions Schedules 35J. Matters to be considered by Commission 35K. Modifications to draft LPS 35KA. Modifications to draft LPS relating to subsequent planning scheme amendments 35KB. Where substantial modifications required 35L. Approval of Local Provisions Schedules 35M. Notice of approval of Local Provisions Schedules Division 6 - Review of LPSs 35N. Purposes of review 35O. Requirement for review of LPSs 35P. Conduct of review Division 7 - Special Local Provisions Schedules 35Q. Special Local Provisions Schedules 35R. Operation of Special LPSs 35S. Revocation of Special LPSs Division 8 - Commission may take over certain responsibilities of planning authority 35T. Commission may take over responsibilities of planning authority PART 3B - Amendments of LPSs Division 1 - Interpretation 36. Interpretation of Part Division 2 - Requests for amendments of LPSs 37. Request for amendment of LPSs 38. Decision in relation to request 39. Limitation on multiple requests for same amendment 40. Additional information may be requested 40A. Review of requirement for additional information 40B. Review of refusal of request to amend LPS Division 3 - Amendment of LPSs Subdivision 1 - Preparation of draft amendments of LPSs 40C. Direction to prepare draft amendments of LPS 40D. Preparation of draft amendments 40E. Withdrawal of draft amendments 40F. Certification of draft amendments 40FA. Notice to certain agencies and State authorities Subdivision 2 - Public exhibition 40G. Notice of exhibition 40H. Exhibition 40I. Exemption from public exhibition 40J. Representations 40K. Report to Commission about draft amendments 40L. Hearings Subdivision 3 - Approval of amendments of LPS 40M. Matters to be considered by Commission 40N. Action to be taken by Commission after considering report 40O. Modifications of draft amendments 40P. Substantial modification of draft amendments 40Q. Approval of amendment of LPS 40R. How Commission to sign approvals 40S. When amendments of LPS come into effect Division 4 - Combined permit and amendment process 40T. Permit application that requires amendment of LPS 40U. Additional information 40V. Review of requirement for additional information 40W. Determination of amendment where concurrent permit application sought 40X. Permit application may be considered concurrently with application for LPS amendment 40Y. Determination of concurrent permit application 40Z. Exhibition in respect of permit application 41. Representations 42. Report in relation to draft amendment of LPS to contain representations 42A. Consideration by Commission of permit application 42B. Commission to review planning authority's decision about permit 42C. When permit that relates to LPS amendment takes effect 42D. Correction of mistakes in permit 43. Minor amendment of permit Division 5 - Miscellaneous 44. Commission may take over responsibilities of planning authority 45. Abolition of, or change of boundaries of, municipal area 19A. Section 19A 28AA. Section 28AA 28A. Section 28A 28B. Section 28B 28C. Section 28C 28D. Section 28D 28E. Section 28E 28F. Section 28F Division 1A - . . . . . . . . Subdivision 1 - - . . . . . . . . Subdivision 2 - - . . . . . . . . Subdivision 3 - - . . . . . . . . 30EA. Section 30EA 30FA. Section 30FA 30IA. Section 30IA Subdivision 4 - . . . . . . . . 30U. Section 30U 30V. Section 30V 30W. Section 30W 30X. Section 30X 30Y. Section 30Y 30Z. Section 30Z 30ZA. Section 30ZA 30ZB. Section 30ZB 33A. Section 33A 33B. Section 33B 41A. Section 41A 41AB. Section 41AB 41B. Section 41B Division 2A - . . . . . . . . 43A. Section 43A 43B. Section 43B 43C. Section 43C 43D. Section 43D 43E. Section 43E 43EA. Section 43EA 43F. Section 43F 43G. Section 43G 43H. Section 43H 43I. Section 43I 43J. Section 43J 43K. Section 43K 43L. Section 43L 43M. Section 43M Division 2B - . . . . . . . . 43N. Section 43N 43O. Section 43O 43P. Section 43P 43Q. Section 43Q 43R. Section 43R 43S. Section 43S 43T. Section 43T 43U. Section 43U Division 3A - . . . . . . . . 44A. Section 44A Division 4 - . . . . . . . . 45A. Section 45A 46. Section 46 Division 5 - . . . . . . . . 47. Section 47 47A. Section 47A 47B. Section 47B PART 4 - Enforcement of Planning Control Division 1 - General 48. Enforcement of observance of planning schemes 48AA. Enforcement of major project permits 48A. Notice to remove signs 49. Section 49 Division 2 - Development control 50. Certain applications deemed to be applications for permits 51. Permits 51A. Fees payable for application 52. What if applicant is not the owner? 52A. Permit for development of land in Wellington Park 53. When does a permit take effect? 54. Additional information 55. Correction of mistakes 56. Minor amendments of permits issued by a planning authority 56AA. Fees for amendment of permits under section 56 56A. When amendments to permits take effect 57. Applications for discretionary permits 57A. Mediation 58. Application for other permits 58A. Permits requiring entering into of agreements 59. Failure to determine an application for a permit 60. Timing of determination of compliance with certain permit conditions 60A. Permit for certain works not required Division 2A - Major projects Subdivision 1 - Interpretation of Division 2A 60B. Interpretation: Division 2A Subdivision 2 - Proposals for major project declarations and major project proposals 60BA. Information about sensitive matters 60C. Proposal that project be declared major project 60D. Effect, of proposal for a declaration, on permit applications, referrals and project-associated Acts 60E. Major project proposal required 60F. Contents of major project proposal 60G. Minister may request proponent to provide amended major project proposal 60H. Minister may request information from council or relevant State entity 60I. Persons to be notified of proposal for declaration and given major project proposals Subdivision 3 - Determination guidelines 60J. Determination guidelines 60K. Contents of determination guidelines 60L. Revocation of guidelines Subdivision 4 - Declaration of major projects 60M. When project is eligible to be declared to be major project 60N. When project is ineligible to be declared to be major project 60O. Declaration of major project 60P. Circumstances in which declaration of major project may be made 60Q. Contents of declaration of major project 60R. Notice to be given of declaration of major project 60S. Effect on planning matters of declaration of major project 60SA. Certificate of development completion 60SB. Project-related permit may be given to enable preliminary study activity 60T. Effect on project-associated Acts, and relevant regulators, of declaration of major project Subdivision 5 - Amendment and revocation of declaration of major project 60TA. Interpretation of Subdivision 5 60TB. Grounds on which declaration of a major project may be amended 60TC. Request for declaration of a major project to be amended to include additional area of land 60TD. Notification of request from proponent 60TE. Relevant regulators to be notified of request to amend declaration of a major project 60TF. Advice from relevant advice body 60TG. Amendment of declaration of a major project to include additional area of land 60TH. Notice of amendment of declaration of a major project to be given 60TI. Effect of certain advices under section 60TE(3) if declaration of a major project is amended 60U. Revocation of declaration Subdivision 6 - Establishment of Development Assessment Panel 60V. Establishment of Development Assessment Panel 60W. Appointment of members of Panel 60X. Powers, procedures and liability of Panel Subdivision 7 - Referral of major project proposal to relevant regulators 60Y. Project to be referred to relevant regulators 60Z. Relevant regulators 60ZA. Relevant regulator to give notice of assessment, no assessment, or recommending revocation 60ZB. When relevant regulator becomes participating regulator 60ZC. Special provisions relating to where EPA Board is relevant regulator 60ZD. Relevant regulator may seek information from Panel Subdivision 8 - No reasonable prospect notices 60ZE. Notice of Panel's intention to give no reasonable prospect notice 60ZF. Where proponent makes submission about Panel's intention to give no reasonable prospect notice 60ZG. Proponent may revoke or amend major project proposal in response to warning notice 60ZH. Where proponent proposes amendment of major project proposal in response to warning notice 60ZI. Panel may give no reasonable prospect notice Subdivision 9 - Assessment criteria 60ZJ. Comments to be sought in relation to draft assessment criteria 60ZK. Draft assessment criteria 60ZL. Public exhibition, submissions and alteration notices 60ZM. Panel to determine assessment criteria 60ZN. Period in which assessment criteria to be determined 60ZO. Notice of assessment criteria to be given 60ZP. Notification to be given that assessment criteria determined Subdivision 10 - Major project impact statements 60ZQ. Proponent to be required to prepare major project impact statement 60ZR. Contents of major project impact statement 60ZS. Major project impact statement to be provided by proponent 60ZT. Project-related permit may be given to enable preparation of major project impact statement 60ZU. Certain permissions may be given to enable preparation of major project impact statement 60ZV. Participating regulator and Panel may seek amended major project impact statement 60ZW. Panel may request further information 60ZX. Provision to Panel of further information Subdivision 11 - Participating regulator's preliminary advice and initial assessment reports 60ZY. Participating regulator's preliminary advice to Panel 60ZZ. Contents of participating regulator's preliminary advice 60ZZA. Initial assessment report Subdivision 12 - Exhibition and hearings 60ZZB. Notification and exhibition of major project 60ZZC. Notification in relation to major project 60ZZD. Representations in relation to major project 60ZZE. Hearings Subdivision 13 - Final advices from participating regulators 60ZZF. Participating regulator to give final advice to Panel 60ZZG. Contents of final advice of EPA Board 60ZZH. Contents of final advice of Heritage Council 60ZZI. Contents of final advice of pipeline licensee 60ZZJ. Contents of final advice of relevant regulated entity 60ZZK. Contents of final advice of other participating regulators 60ZZL. Participating regulator must give reasons for final advice Subdivision 14 - Major project permits 60ZZM. Grant of major project permit 60ZZMA. Major project permit may relate to additional area of land included by amendment to declaration of a major project 60ZZMB. Power of Panel to correct certain failures of procedure under this Division 60ZZN. Final assessment report to be prepared 60ZZO. Effect of refusal to grant permit 60ZZP. Major project permit may be granted subject to conditions or restrictions 60ZZQ. Notice to be given of grant of, or refusal to grant, major project permit 60ZZR. Fees in relation to major projects 60ZZS. When major project permit takes effect 60ZZT. When permit lapses Subdivision 15 - Amendment and cancellation of major project permits 60ZZU. Interpretation of Subdivision 15 60ZZV. Amendment of major project permit to correct mistake, &c. 60ZZW. Amendment of major project permit where no detriment except to proponent, &c. 60ZZX. Limitations on ability to make minor amendments to major project permits 60ZZY. Amendment of major project permits to ensure consistency with EPN 60ZZZ. Application for significant amendment of major project permits 60ZZZAA.Determination as to whether, and the manner in which, proposed significant amendment may be assessed 60ZZZA. Cancellation of major project permit 60ZZZAB.Enforcement certificates Subdivision 16 - Miscellaneous 60ZZZB. Fees payable for the purposes of this Division 60ZZZC. Amendment of planning scheme 60ZZZD. Enforcement of compliance with conditions 60ZZZE. Restriction on certain applications for permits or amendments to planning schemes 60ZZZF. Application of certain provisions in relation to enforcement 60ZZZG. False information 60ZZZH. Notice or document under Division may be given electronically 60ZZZI. Review of operation of Division Division 3 - Planning appeals 61. Appeals against planning decisions 62. Determination of appeals Division 4 - Offences, remedies, &c. 63. Obstruction of sealed schemes 63A. Enforcing compliance with planning schemes 63B. Notice of suspected contravention, &c., may be given 64. Civil enforcement proceedings 65. Section 65 Division 4A - Enforcement by planning authorities 65A. Infringement notices 65B. Notice of intention to issue enforcement notice 65C. Enforcement notices 65D. Requirements of enforcement notices 65E. Offences and penalties in relation to enforcement notices 65F. Notice of intention to cancel a permit to be issued before permit cancelled 65G. Cancellation of permits 65H. Issue of notices where applications made to Tribunal Division 4B - Authorised officers 65I. Authorised officers 65J. Powers of authorised officers 65K. Entry and search warrants 65L. Additional requirements where persons not fluent, &c., in English 65M. Obstruction, &c., of authorised officers and others Division 5 - Compensation and protection from liability 66. Right to compensation 67. Power to withdraw or modify planning scheme or interim order after compensation determined 68. Enforcement of judgments, &c., for compensation 69. Indemnification of planning authorities for liability to pay compensation 69A. Protection from liability in respect of bushfire hazard management plans, &c. PART 5 - Agreements 70. Interpretation: Part 5 71. Planning authority may enter into agreements 72. Form and contents of agreement 73. Bonds and guarantees 73A. Payments and contributions for infrastructure 74. Duration of agreement 75. Amendment of agreements 76. Agreement to be lodged with Commission 77. Agreement may not breach planning scheme 78. Registration of agreements, &c. 79. Effect of registration of agreements, &c. 80. Application to Appeal Tribunal 80A. Validation of agreements PART 6 - Miscellaneous Division 1 - Electronic database and documents 80J. Interpretation of Division 1 80K. Database 80L. Back-up database to be kept 80M. Authorised versions 80N. Certified copies of authorised versions 80O. Commission may alter authorised versions of electronic planning instruments 80P. Offences 80Q. Documents, submissions, &c., may be issued or made electronically Division 2 - Other matters 81. Reasons for extending period to be given 81AA. Correction of mistakes 81A. Planning schemes, &c., to be registered in Central Plan Register 82. Evidentiary provision 82A. Validation 82B. Certain instruments and notices are not statutory rules 83. Planning schemes, &c., to be judicially noticed 84. Service of notices or other documents 85. Recovery of fees by municipalities 86. Requirement to pay fees 86A. Review of Act 87. Regulations 87A. Savings and transitional 87B. Savings and transitional Land Use Planning and Approvals Amendment (Streamlining of Process) Act 2014 87C. Savings and transitional Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015 87D. Savings and transitional Land Use Planning and Approvals Amendment (Tasmanian Planning Policies and Miscellaneous Amendments) Act 2018 87E. Savings and transitional Building and Construction (Regulatory Reform Amendments) Act 2020 87F. Savings and transitional Land Use Planning and Approvals Amendment (Major Projects) Act 2020 87G. Savings and transitional Building and Construction (Regulatory Reform Amendments) Act (No. 2) 2020 87H. Savings and transitional Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme Modification) Act 2021 88. Administration of Act SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 SCHEDULE 6 SCHEDULE 7 SCHEDULE 8 SCHEDULE 9 SCHEDULE 10[ Note: This table has been automatically generated and may be incomplete. ]