The Tasmanian Planning Scheme is a single statewide planning scheme which provides a set of statewide consistent planning rules and will replace the 29 interim planning schemes operating in Tasmania.
The Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015 (the Amendment Act), which was passed by Parliament in late 2015, made changes to the Land Use Planning and Approvals Act 1993 (the Principal Act) to allow for the Tasmanian Planning Scheme to be established. The Amendment Act provides that the Tasmanian Planning Scheme consists of two parts - State Planning Provisions and Local Provisions Schedules.
The Amendment Act provides for a process to draft and consult on the draft State Planning Provisions and for them to then enter into a public review including exhibition, making of representations and assessment by the independent Tasmanian Planning Commission. This process is very similar to, and has similar time frames to, the previous drafting and public scrutiny of local planning schemes.
Tasmania already has a system where the State Government sets mandatory planning rules for some issues. These are included in planning schemes by virtue of planning directives. The State Planning Provisions are similar to planning directives but provide for a comprehensive set of planning controls, whereas the past directives have been limited in scope.
The Planning Reform Taskforce undertook initial preparation of the draft of the State Planning Provisions in consultation with local government and stakeholders, and supported by a drafting team comprised of state and local government experts.
The draft of the State Planning Provisions was subject to a further period of consultation with local planning authorities, State Agencies, and the Tasmanian Planning Commission, and further modifications were made prior to the Minister approving them for public exhibition and assessment by the Tasmanian Planning Commission.
The draft of the State Planning Provisions was publicly exhibited for a 60 day period from 15 March until 18 May 2016. Following this the Commission conducted a series of hearings, over 25 days, as part of its consideration of the draft of the State Planning Provisions.
Under the legislation the Commission has 90 days from the close of the exhibition to report to the Minister on the State Planning Provisions and recommend any modifications. The Minister extended the time for the Commission to report on the State Planning Provisions until 9 December 2016.
The Commission handed its report to the Minister on 9 December 2016. The Minister then sought further advice on the recommendations of the Commission and its proposed modifications to the draft State Planning Provisions.
The Minister largely accepted the Commission’s recommended modifications to the draft State Planning Provisions and agreed with the Commission’s reasons for those modifications.
There were some exceptions to this based on modifications agreed to by the Commission in response to the clarification sought under s.26(3), and modifications based on the consolidated advice from the Taskforce and the State Policies Interdepartmental Committee on select matters; and including minor editorial modifications identified by the Department of Justice’s Planning Policy Unit.
These further modifications were required to clarify the operation of the provisions and ensure that the State Planning Provisions meet the criteria under section 15 of the Act, which includes furthering the Objectives set out in Schedule 1 of the Land Use Planning and Approvals Act 1993.
Having reviewed the exhibited draft and the proposed modifications, the Minister determined that collectively the modifications do not constitute a substantial change to the exhibited draft, and that therefore the draft State Planning Provisions as modified do not require re-exhibition.
Visit the Statement of Reasons for more detail on reasons for the modifications and why the Minister determined that the modified draft does not require re-exhibition.
Go to the State Planning Provisions made by the Minister.
Go to the Tasmanian Planning Commission’s assessment report on the exhibited draft of the State Planning Provisions provided to the Minister under s.25(1) of the Act.
The State Planning Provisions come into effect on 2 March 2017 as part of the Tasmanian Planning Scheme, under section 29(2) of the Act.
The State Planning Provisions will come into effect in relation to a municipal area with notice of approval of the Local Provisions Schedules of that municipal area in the Gazette, pursuant to section 35M(3) of the Act.
Now that the State Planning Provisions are made, the Minister will provide them to local councils, in their role as the planning authorities, to develop their own Local Provisions Schedules. Local councils will continue to administer all of the planning controls that apply to their local area whether they are State or Local Planning Provisions.