Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) The Commission must direct a planning authority to undertake, on every fifth anniversary of the date on which its planning scheme came into operation under section 29, a review of the planning scheme in accordance with a notice issued under subsection (2).
(2) The notice must –
(a) specify matters that the planning authority must address in the review of its planning scheme; and
(b) include a requirement that public comments be sought on the review for a period of not less than 3 weeks; and
(c) include a requirement for the planning authority to prepare and submit to the Commission a report, comprising a statement of its opinion as to whether the planning scheme –
after taking into account public comments received; and(i) requires amendment; or
(ii) needs to be replaced with another planning scheme; or
(iii) can continue without amendment –
(d) specify the period by the end of which the report is to be submitted to the Commission, being a period not less than 3 months.
(3) If the Commission is of the opinion that the report under subsection (2) has not been prepared in accordance with the notice, the Commission must direct the planning authority to revise the report and resubmit it within 2 months or such longer period as the Commission may allow.
(4) If the Commission is of the opinion, based on the report under subsection (2), that the planning scheme requires replacement or amendment, the Commission, with the approval of the Minister, must direct the planning authority to initiate the preparation of a draft planning scheme in accordance with section 22 or initiate an amendment or amendments in accordance with section 34 not later than 2 months from the date on which the Commission receives the report under subsection (2) or a revised report under subsection (3).
(5) If the Commission directs that an amendment or amendments be initiated under subsection (4), the Commission must specify the manner in which the draft amendment or amendments are to be prepared.
(6) The planning authority must initiate the preparation of a draft planning scheme in accordance with section 22 or initiate an amendment or amendments in accordance with section 34 not later than 2 months from the date on which the direction is given under subsection (4) or such longer period as the Commission may allow.
(7) If a planning authority fails to comply with a direction under subsection (1) within the period specified in the notice relating to the direction, or fails to comply with subsection (3) or (6) –
(a) the Commission may assume the responsibilities and obligations of the planning authority under this section; and
(b) the authority must pay to the Commission all costs incurred by the Commission in assuming the responsibilities and obligations of the authority under this section.
(8) Subsection (1) does not apply if a planning authority has initiated the preparation of a draft planning scheme under section 22 that, if approved under section 29, would replace the planning scheme required to be reviewed.
(9) The time period specified in subsection (1) does not apply to planning schemes in operation immediately before the commencement of this section.
(10) The Commission must direct a planning authority to undertake a review of any of its planning schemes that are in operation immediately before the commencement of this section, in accordance with a notice issued under subsection (2), by the date prescribed in the regulations in respect of a planning scheme of that planning authority and on every fifth anniversary of that date.