Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Subject to subsection (2), the Commission, of its own volition or at the request of a planning authority, may make a special planning order providing for any of the matters for which a planning scheme may provide if it considers that–
and it is satisfied that the provisions of Division 1 or 2 would result in an unacceptable delay in addressing the matters referred to in paragraph (a) or (b).(a) there are contradictions in, or inconsistencies between, the provisions of a planning scheme; or
(b) it is necessary to introduce planning provisions for an area for which a planning scheme is not in force or will cease to operate–
(2) The Commission must not exercise its powers under subsection (1) unless it considers that it is in the public interest to do so.
(3) The Commission or a planning authority may prepare a special planning order.
(4) If a special planning order has been prepared by a planning authority, it must submit the special planning order to the Commission, and the Commission must–
(a) either –
(i) make the special planning order in the same terms as the order submitted to it; or
(ii) if the planning authority agrees, modify the order submitted to it and then make the special planning order in the terms of the modified order; or
(iii) refuse to make the special planning order; and
(b) notify the planning authority of its decision.
(5) A special planning order must satisfy the requirements of section 32 and may be made in such form and on such terms and conditions as the Commission thinks fit.
(6) If the Commission makes a special planning order it must–
(a) cause notice of the making of the order to be published in the Gazette and in a daily newspaper published in Tasmania and circulating generally in the area to which the order relates; and
(b) nominate a place at which the order may be inspected.