Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) A person may request a planning authority to amend a planning scheme administered by it.
(2) A request is to be in a form approved by the planning authority.
(2A) If a request under subsection (1) is in respect of one parcel or several parcels of land covered by the planning scheme and is requested by a person who is not the owner of the land to which the proposed amendment applies, the request must be –
(a) signed by the owner or owners of the land; or
(b) accompanied by the written permission of the owner or owners to the making of the request.
(2B) Before making a decision as to whether or not to initiate an amendment of the planning scheme, the planning authority must consider –
(a) whether the requested amendment is consistent with the requirements of section 32; and
(b) any advice referred to in section 65 of the Local Government Act 1993 received by it.
(3) A planning authority must, within 42 days of the receipt of a request, make a decision as to whether or not to initiate an amendment of the planning scheme and serve on the person who made the request notice of its decision within 7 days of making the decision.
(3A) Where a planning authority decides not to initiate an amendment of the planning scheme, the person who requested the amendment may, within 14 days of being notified of that decision, request the Commission to review the process by which the planning authority reached its decision.
(3B) Where the Commission has been requested to review the process by which the planning authority reached its decision, the Commission may request the planning authority to provide it with any material relevant to that process.
(3C) A planning authority must provide the material requested by the Commission within 7 days of receiving that request.
Penalty:
Fine not exceeding 100 penalty units.
(3D) The Commission must, not later than 28 days after receiving the material requested by it or such longer period as the Minister may allow –
(a) direct the planning authority to reconsider the amendment; or
(b) confirm that in reaching its decision the planning authority took into account the matters specified in subsection (2B).
(3E) The Commission must, within 7 days of making its decision, notify the planning authority and the person who requested the review of its decision.
(4) Where a planning authority decides not to initiate an amendment of the planning scheme, a person may not request the authority to initiate an amendment which is substantially the same as the first-mentioned amendment within a period of 2 years from the date on which the planning authority made its decision.