Land Use Planning and Approvals (Miscellaneous Amendments) Bill 2018

The Tasmanian Government sought comments on a draft Land Use Planning and Approvals (Miscellaneous Amendments) Bill 2018 to amend the Land Use Planning and Approvals Act 1993 (LUPAA) and the Tasmanian Planning Commission Act 1997 (TPC Act). The miscellaneous amendments are administrative in nature and they streamline the Local Provisions Schedules (LPSs) assessment process under LUPAA and improve the functionality of these two Acts.

The proposed administrative amendments that were outlined in the draft Land Use Planning and Approvals (Miscellaneous Amendments) Bill 2018 were to:

  • streamline the LPSs assessment process by providing mechanisms that will allow planning authorities and the Tasmanian Planning Commission (the Commission) to determine that a draft LPS meets the LPS criteria more quickly
  • provide the Commission with the ability to issue an ‘LPS criteria outstanding issues notice’ to expedite the public exhibition of a draft LPS, as long as the matters are addressed later
  • remove an unnecessary administrative step in the draft LPS assessment process that will allow the Commission to place a draft LPS on public exhibition more efficiently
  • provide for the efficient alignment of the State Planning Provisions with a planning directive that has been approved after the State Planning Provisions were ‘made’ on 22 February 2017
  • ensure that ‘relevant State agencies and State authorities’ are notified directly about proposed amendments to planning schemes at the certification stage and
  • allow the Commission to correct a decision made by the Commission that contains a ‘minor’ clerical mistake or ‘error’ arising from an accidental slip or omission in a final decision.

Targeted consultation was sought on the draft Land Use Planning and Approvals (Miscellaneous Amendments) Bill 2018. The consultation period closed on 28 September 2018 and 11 submissions were received during the consultation period. A further 4 submissions were received as late submissions. The submissions raised a number of issues that have been carefully considered by the Tasmanian Government.

In response to submissions received, the draft Land Use Planning and Approvals (Miscellaneous Amendments) Bill 2018 was amended and incorporated into the Land Use Planning and Approvals Amendment (Tasmanian Planning Polices and Miscellaneous Amendments) Bill 2018.

The Land Use Planning and Approvals Amendment (Tasmanian Planning Polices and Miscellaneous Amendments) Act 2018 commenced on 17 December 2018.

The Land Use Planning and Approvals Amendment (Tasmanian Planning Policies and Miscellaneous Amendments) Act 2018, Land Use Planning and Approvals Act 1993 and the Tasmanian Planning Commission Act 1997 are available at Tasmanian Legislation Online.

Publishing submissions

Other than indicated below, submissions will be treated as public information and will be published on our website.

No personal information other than an individual’s name or the organisation making a submission will be published.

For further information, please contact: the Planning Policy Unit within the Department of Justice at Planning.Unit@justice.tas.gov.au or by telephoning (03) 6166 1429 or read the Tasmanian Government Public Submissions Policy (external link).