The Tasmanian Planning Policies
The Tasmanian Planning Policies (TPPs) will provide strategic direction for Tasmania’s land use planning system and regional land use strategies. They will include principles to support sustainable economic development, sound strategic planning and social and economic wellbeing, and the protection of Tasmania’s natural environment and heritage values.
The Land Use Planning and Approvals Amendment (Tasmanian Planning Polices and Miscellaneous Amendments) Bill 2018 amends the Land Use Planning and Approvals Act 1993 (LUPAA) by establishing a mechanism to make and amend a suite of TPPs to provide strategic direction on matters of state interest within Tasmania’s land use planning system.
These amendments to LUPAA also
- ensure that the TPPs are consistent with state policies
- ensure that the regional land use strategies are in line with the TPPs
- ensure that planning controls in Tasmania’s land use planning system – both the State Planning Provisions and the Local Provisions Schedules – are consistent with the TPPs and
- provide the mechanism for the Tasmanian Government to prepare, consult and determine whether the draft TPPs meet the ‘TPP criteria’, which includes needing to further the objectives set out in Schedule 1 of LUPAA and being consistent with state policies.
The legislative provisions of the Amendment Bill that relate to the making of the TPPs were subject to both targeted and community consultation processes that closed on 15 May 2017.
During these consultations, a number of ‘demonstration Tasmanian Planning Polices’ were released along with the draft legislation. These ‘demonstration Polices’ were included in the consultation package to broadly show the types of policies that might be developed in the future and what form these policies may take.
Formal preparation of a suite of draft TPPs will occur after the mechanism included in this Amendment Bill is established.
The Miscellaneous Amendments
The Amendment Bill also makes a number of administrative changes to LUPAA and the Tasmanian Planning Commission Act 1997 (TPC Act) aimed at streamlining the Local Provisions Schedules (LPSs) assessment process and improving the functionality of these two Acts.
The miscellaneous amendments to LUPAA and the TPC Act
- streamline the Local Provisions Schedules (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.
The legislative provisions of the Amendment Bill that relate to the administrative changes to LUPAA and the TPC Act were subject to targeted stakeholder consultation that closed on 28 September 2018.
The Tasmanian Government has carefully considered the feedback received during these targeted and community consultation processes and the proposed amendments to both LUPAA and the TPC Act have been broadly supported.
The Amendment Bill
The Land Use Planning and Approvals Amendment (Tasmanian Planning Polices and Miscellaneous Amendments) Bill 2018 was introduced into the Parliament of Tasmania on 18 October 2018. More information on the Amendment Bill can be found on the Parliament of Tasmania website.