LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 35Q Special Local Provisions Schedules
LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 35Q
Division 7 - Special Local Provisions Schedules Special Local Provisions Schedules
(1) The Commission may prepare a draft Special LPS and approve a Special Local Provisions Schedule in the terms of the draft Special LPS so prepared.(2) A planning authority may prepare a draft Special LPS and submit it to the Commission.(3) The Commission, if it receives from a planning authority a draft Special LPS submitted to the Commission under subsection (2) , must (a) approve a Special Local Provisions Schedule in the terms of the draft Special LPS; or(b) with the agreement of the planning authority, modify the draft Special LPS and then approve a Special Local Provisions Schedule in the terms of the draft Special LPS so modified; or(c) refuse to approve a Special Local Provisions Schedule in the terms of the draft Special LPS.(4) A Special Local Provisions Schedule that applies to a municipal area may only be approved under subsection (3) if the Commission is satisfied that (a) either (i) there are contradictions in, or inconsistencies between, the provisions of an LPS that applies to the municipal area; or(ii) it is necessary to introduce an LPS that applies to a municipal area to which an LPS does not apply or will cease to operate; and(b) the application of the provisions of Division 4 to the making of an LPS to address the matters referred to in paragraph (a)(i) or (ii) would result in an unacceptable delay; and(c) it is in the public interest to do so.(5) A Special LPS must comply with Division 2 as if a reference in that Division to a draft LPS were a reference to a draft Special LPS.(6) Divisions 3 , 4 and 5 do not apply in relation to a draft Special LPS.(7) The Commission must provide to a planning authority in relation to a municipal area notice of the approval of a Special Local Provisions Schedule under subsection (1) , or of a decision under subsection (3) in relation to a draft Special LPS, that relates to the planning authority's municipal area.(8) The Commission must cause notice of the approval of a Special Local Provisions Schedule, and of the place at which the Special Local Provisions Schedule may be inspected, to be published in the Gazette and in a newspaper that is published in Tasmania and circulates generally in the municipal area to which the Special Local Provisions Schedule relates.