Tasmanian Consolidated Acts

LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 29

      (1) Where, after consideration by the Commission, under section 27, of a draft planning scheme (including any modifications made or substitute parts required under section 28), the Commission is satisfied that the draft planning scheme is in order, it must, subject to the approval of the Minister, give its approval to the draft planning scheme.

      (2) The Commission must give its approval to a draft planning scheme not later than–

(a) 6 months after–

(i) the submission to it, under section 26(2), of the report of the planning authority in relation to the draft planning scheme; or

(ii) where any part of it is required, under section 28, to be done again, the day on which the report of the authority in relation to the substitute part was submitted to the Commission under section 26(2) or, where more than one such report was so submitted, the day on which the last such report was so submitted; or

(b) such later day as the Minister may approve.

      (3) When the Commission gives its approval to a draft planning scheme–

(a) the scheme must be signed –

(i) by the chairperson of the Commission; or

(ii) if for any reason the chairperson is unavailable or unable to sign the scheme, by another member of the Commission approved by the Commission under subsection (3A); and

(b) notwithstanding any failure to comply with a procedural provision of this Part, the planning scheme comes into operation on such date as is specified by the Commission, being a date not earlier than the date on which it is signed; and

(c) the Commission must advise the planning authority of its approval; and

(d) the planning authority must give notice of the Commission's approval as prescribed.

      (3A) For the purposes of subsection (3)(a)(ii), the Commission may approve a member of the Commission –

(a) to sign a particular draft planning scheme if the chairperson is unavailable or unable to sign it; or

(b) to sign draft planning schemes as required during any period during which the chairperson is unavailable or unable to sign them.

      (4) If a date is not specified under subsection (3)(b), the planning scheme comes into operation 7 days after the date on which the Commission gives its approval.

      (5) When a planning scheme comes into operation, any existing planning scheme covering the area to which the new planning scheme applies does not apply to that area.