Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) A planning scheme for an area –
(a) must seek to further the objectives set out in Schedule 1 within the area covered by the scheme; and
(b) must be prepared in accordance with State Policies made under section 11 of the State Policies and Projects Act 1993; and
(c) may make any provision which relates to the use, development, protection or conservation of any land in the area; and
(d) must have regard to the strategic plan of a council referred to in Division 2 of Part 7 of the Local Government Act 1993 as adopted by the council at the time the planning scheme is prepared; and
(e) must have regard to the safety requirements set out in the standards prescribed under the Gas Pipelines Act 2000.
(2) Without limiting subsection (1), a planning scheme may –
(a) set out policies and specific objectives; and
(b) regulate or prohibit the use or development of any land; and
(c) designate land as being reserved for public purposes; and
(d) . . . . . . . .
(e) set out requirements for the provision of public utility services to land; and
(f) require specified things to be done to the satisfaction of the Commission, relevant agency or planning authority; and
(g) apply, adopt or incorporate any document which relates to the use, development or protection of land; and
(h) provide that any use or development of land is conditional on an agreement being entered into under Part 5; and
(ha) set out provisions relating to the implementation in stages of uses or developments; and
(i) provide for any other matter which this Act refers to as being included in a planning scheme; and
(j) provide for an application to be made to a planning authority to bring an existing use of land that does not conform to the scheme into conformity, or greater conformity, with the scheme.
(3) Subject to subsections (4), (5) and (6), nothing in any planning scheme is to –
(a) prevent the continuance of the use of any land, upon which buildings or works are not erected, for the purposes for which it was being lawfully used before the coming into operation of the scheme; or
(b) prevent the use of any building which was erected before that coming into operation for any purpose for which it was lawfully being used immediately before that coming into operation, or the maintenance or repair of such a building; or
(c) prevent the use of any works constructed before that coming into operation for any purpose for which they were being lawfully used immediately before that coming into operation; or
(d) prevent the use of any building or works for any purpose for which it was being lawfully erected or carried out immediately before that coming into operation; or
(e) require the removal or alteration of any lawfully constructed buildings or works; or
(f) prevent a development, which was lawfully commenced but not completed before the coming into operation of the scheme, from being completed within –
(i) 3 years of that coming into operation; or
(ii) any lesser or greater period specified in respect of the completion of that development under the terms of a permit granted before the coming into operation of the scheme.
(3A) Subject to subsections (4) and (6), nothing in a planning scheme is to prevent the reconstruction of a building, or restoration of works, destroyed or damaged, which was or were integral and subservient to a lawfully established existing use that does not conform to the scheme if –
(a) the destruction or damage was not caused intentionally by the owner of that building or those works; and
(b) the building or works was or were lawfully established before the coming into operation of the scheme.
(4) Subsections (3) and (3A) do not apply to a use of land–
(a) which has stopped for a continuous period of 2 years; or
(b) which has stopped for 2 or more periods which together total 2 years in any period of 3 years; or
(c) in the case of a use which is seasonal in nature, if the use does not take place for 2 years in succession.
(5) Subsection (3) does not apply to the extension or transfer from one part of a parcel of land to another of a use previously confined to the first-mentioned part of that parcel of land.
(6) Subsections (3) and (3A) do not apply where a use of any land, building or work is substantially intensified.
(7) Nothing in any planning scheme or special planning order affects –
(a) forestry operations conducted on land declared as a private timber reserve under the Forest Practices Act 1985; or
(b) the undertaking of mineral exploration in accordance with a mining lease, an exploration licence, or retention licence, issued under the Mineral Resources Development Act 1995, provided that any mineral exploration carried out is consistent with the standards specified in the Mineral Exploration Code of Practice; or
(c) fishing; or
(d) marine farming in State waters.
(7A) In subsection (7)(a), "forestry operations" includes the processes and works connected with –
(a) the establishment of forests; and
(b) the growing of timber; and
(c) the harvesting of timber; and
(d) land clearing, land preparation, burning off, road construction and associated quarry works conducted in relation to an activity specified in paragraph (a), (b) or (c).
(8) The coming into operation of a planning scheme or a special planning order does not legitimize a use or development which was illegal under a planning scheme or a special planning order in force immediately before that coming into operation.
(9) A planning scheme may require a use to which subsection (3) applies to comply with a code of practice approved or ratified by Parliament under an Act.
(10) A planning scheme is not to prohibit or require a discretionary permit for the use or development of a proclaimed wharf area for port and shipping purposes.
(11) Subsection (7)(d) does not apply in respect of the following:
(a) any bridge, jetty, wharf, boathouse, shed, pipeline or other structure used in connection with marine farming that is constructed wholly or in part on, or above, the high water mark;
(b) a use or development on any accretion from the sea.
(12) In this section –
"fishing" means fishing as defined in the Living Marine Resources Management Act 1995 and conducted in accordance with that Act;
"marine farming" means marine farming as defined in the Marine Farming Planning Act 1995 and conducted in accordance with that Act and the Living Marine Resources Management Act 1995;
"proclaimed wharf area" means the area of a wharf the boundaries of which have been defined, altered or redefined under the Marine Act 1976 before the commencement of the Port Companies Act 1997;
"State waters" means State waters as defined in the Living Marine Resources Management Act 1995.