Draft amendment 01/2024 of the State Planning Provisions (Hazard Codes)

Summary

The Minister for Planning has issued terms of reference for amendment 01/2024 of the SPPs for amendments to clarify how the following hazard codes operate:

• Coastal Erosion Hazard Code
• Coastal Inundation Hazard Code
• Landslip Hazard Code

Draft amendment 01/2024 will make any necessary amendments of the SPPs to clarify how the exemptions operate for these hazard codes, particularly those relating to the Building Act 2016.

Draft amendment 01/2024 will be provided to all local councils, the Tasmanian Planning Commission (Commission) and relevant State agencies and authorities for advice before the draft amendment is finalised for the formal review process undertaken by the Commission.

The Commission’s review process involves a 42-day public consultation period with the opportunity to provide submissions (representations) on the draft amendment. The Commission must provide recommendations to the Minister on whether or not to make the amendment to the SPPs, including any modifications. The Commission may hold public hearings on the draft amendment to help inform their recommendations. Anyone who made a representation on the draft amendment will be invited to attend a public hearing.

A draft amendment to the SPPs must meet the SPPs criteria in section 15 of the Land Use Planning and Approvals Act 1993 (LUPA Act).
After considering the Commission’s advice the Minister will determine whether to make amendment 01/2024 to the SPPs.

Certain draft amendments to the SPPs may be issued as an ‘interim SPPs amendment’ prior to the formal review process being concluded. This enables draft amendments to be brought into effect immediately to address any urgent issues related to natural or environmental hazard, public health, public safety or other matters prescribed by regulation. The Commission will advise the Minister on whether the amendment should be issued as an ‘interim SPPs amendment’.

The proposed amendment 01/2024 of the SPPs will apply in council areas where the Tasmanian Planning Scheme is in effect.

Background

The preparation of terms of reference for draft amendment 01/2024 is part of progressing the SPPs Review Action Group 1 project.

The SPPs are the statewide set of consistent planning rules in the Tasmanian Planning Scheme (TPS). The SPPs came into effect on 2 March 2017.
A comprehensive review of the SPPs commenced in March 2022 as part of the 5-yearly statutory review required under the LUPA Act. The scoping consultation for the SPPs Review identified a variety of strategic and technical issues for investigation through 163 submissions.

The SPPs Review work program categorises issues into Action Groups and projects for preparation of SPPs amendments or for issues that require further investigation.

The Action Group 1 project has commenced preparing batches of SPPs amendments to address stand-alone or well resolved issues such as operational matters and clarifying and improving requirements. This draft amendment to the SPPs has been identified as part of the Action Group 1 project to clarify the requirements of the exemptions in the hazard codes for coastal erosion, coastal inundation and landslip in response to submissions by stakeholders, including local councils, and State agencies and authorities involved in the operation of the SPPs.

Key documents

• Terms of reference for amendment 01/2024 of the SPPs (PDF, 43.8 KB)

What happens next

The Minister will consider the advice of local councils, the Commission, and relevant State agencies and authorities before finalising draft amendment 01/2024 of the SPPs for the formal review assessment process.

More information

The preparation of terms of reference for draft amendment 01/2024 is part of progressing the SPPs Review Action Group 1 project. More information on the SPPs Review work program, and allocation of Action Groups and projects is available at the State Planning Provisions Review page on this website and includes the SPPs Review issues scoping consultation report – June 2023 and Appendix 2 - Action Group and project summary table.

More information on the preparation and assessment of draft SPPs amendments process (JPG, 109.8 KB) under the LUPA Act is available in a flowchart on this website.

If you have any questions about the terms of reference or SPPs amendment, please contact the State Planning Office by emailing stateplanning@dpac.tas.gov.au, or phone 1300 703 977.