Tasmanian Consolidated Acts

LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 3

      (1) In this Act, unless the contrary intention appears –

"agreement" means an agreement entered into under Part 5;

"Appeal Tribunal" means the Resource Management and Planning Appeal Tribunal established under the Resource Management and Planning Appeal Tribunal Act 1993;

"building" includes –

(a) a structure and part of a building or structure; and

(b) fences, walls, out-buildings, service installations and other appurtenances of a building; and

(c) a boat or a pontoon which is permanently moored or fixed to land;

"Commission" means the Resource Planning and Development Commission established under the Resource Planning and Development Commission Act 1997;

"conservation" includes preservation, maintenance, sustainable use and restoration of the natural and cultural environment;

"council" has the same meaning as in the Local Government Act 1993;

"development" includes –

(a) the construction, exterior alteration or exterior decoration of a building; and

(b) the demolition or removal of a building or works; and

(c) the construction or carrying out of works; and

(d) the subdivision or consolidation of land, including buildings or airspace; and

(e) the placing or relocation of a building or works on land; and

(f) the construction or putting up for display of signs or hoardings –

but does not include any development of a class or description, including a class or description mentioned in paragraphs (a) to (f), prescribed by the regulations for the purposes of this definition;

"land" includes –

(a) buildings and other structures permanently fixed to land; and

(b) land covered with water; and

(c) water covering land; and

(d) any estate, interest, easement, servitude, privilege or right in or over land;

"modification" includes elaboration, enlargement, alteration and substitution;

"municipality" means a council;

"municipal district" means a municipal area;

"owner" means –

(a) in the case of a fee simple estate in land, the person in whom that estate vested; or

(b) in the case of land not registered under the Land Titles Act 1980 and subject to a mortgage, the person having, for the time being, the equity of redemption in that mortgage; or

(c) in the case of land held under a tenancy for life, the person who is the life tenant; or

(d) in the case of land held under a lease for a term of not less than 99 years or for a term of not less than such other prescribed period, the person who is the lessee of the land; or

(e) in the case of land in respect of which a person has a prescribed interest, that person; or

(f) in the case of Crown land within the meaning of the Crown Lands Act 1976, the Crown in right of the State of Tasmania –

but does not include the holder of an interest in land other than the Crown in right of Tasmania if the interest of the holder cannot reasonably be discovered by a search of the Register, within the meaning of the Land Titles Act 1980, or a search conducted at the Registry, within the meaning of the Registration of Deeds Act 1935.

"permit" means any permit, approval or consent required by a planning scheme or special planning order to be issued or given by a municipality in respect of the use or development of any land;

"person" includes a department, or other agency of Government of the State or the Commonwealth and an authority of the State or the Commonwealth;

"planning appeal" means an appeal under section 61;

"planning authority" means a council;

"planning scheme" means a planning scheme in force under section 29;

"relevant agency" means –

(a) a department or other agency of Government of the State or of the Commonwealth; or

(b) an authority of the State or of the Commonwealth established for a public purpose; or

(c) a person undertaking a function for the public benefit –

declared by the regulations to be a relevant agency for the purposes of the provision in which the expression occurs or for the purposes of a matter prescribed in the regulations;

"representation", in relation to a draft planning scheme, a draft amendment of a planning scheme or an application for a permit, includes a written statement of facts or reasons in support of or in opposition to the draft scheme, draft amendment or application;

"special planning order" means an order in force under section 47;

"State Policy" means a Tasmanian Sustainable Development Policy made under section 11, or that comes into operation under section 12, of the State Policies and Projects Act 1993;

"use", in relation to land, includes the manner of utilising land but does not include the undertaking of development;

"works" includes any change to the natural or existing condition or topography of land including the removal, destruction or lopping of trees and the removal of vegetation or topsoil, but does not include forest practices, as defined in the Forest Practices Act 1985, carried out in State forests.

      (2) Words and expressions used both in this Act and in the Local Government Act 1993 have in this Act, unless the contrary intention appears, the same respective meanings as they have in that Act.