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. ]