Section 13 Notice – Extension of statutory timelines
On 22 May 2020, a notice was issued by the Premier of Tasmania, with the approval of the State Controller, under section 13 of the COVID-19 Act. This provided an extension of time for a proponent to substantially commence a use or development approved by a planning permit during the COVID-19 emergency period. This section 13 notice ceased to have effect on 22 May 2021. On 13 September 2021 the Premier of Tasmania, with the approval of the Director of Public Health, reissued the section 13 notice. The reissued section 13 notice is available for viewing in the Tasmanian Government Gazette - Special Gazette 2212 0 - 13 September 2021.
How long is the extension of time under the reissued notice and how does it apply?
A use or development must substantially commence within 2 years of a planning permit being granted, unless an extension has been granted by the local council. Extensions may be granted for up to 4 years, in 2 year increments, providing a maximum of 6 years to substantially commence.
The notice provides a further 6 month extension to substantially commence a use or development under any permit that is due to expire while the notice is in effect. It only applies to permits that had been granted the final 2 year extension possible under section 53(5)(c) of the Land Use Planning and Approvals Act 1993. It does not apply to a permit that expired before the notice came into effect.
As with the previous section 13 notice, the 6 month extension does apply beyond the life of the notice.
Why has a 6 month extension been given to substantially commence?
The extension has been provided to assist those who may have difficulties in substantially commencing a use or development approved by a planning permit due to impacts caused by the COVID-19 emergency. This may be due to restrictions on the movement of people, limited numbers of people available to undertake the required works, or delays in obtaining finance or subsequent approvals.
An extension of 6 months is the maximum possible under section 13 of the COVID-19 Act.
How long does the notice remain in effect?
The notice will remain in effect for 12 months, unless revoked earlier.
The COVID-19 Act provides for notices to be revoked or amended. All notices are automatically revoked 60 days after the end of the emergency period as declared by the Premier.