Land Use Planning and Approvals Act 1993

Land Use Planning and Approvals Act 1993

This Act may be cited as the Land Use Planning and Approvals Act 1993.

The provisions of this Act commence on a day or days to be proclaimed.

In this Act, unless the contrary intention appears – accredited person means a person accredited or approved for the purposes of this Act under – the Fire Service Act 1979; or any other prescribed legislation; agreement means an agreement entered into under Part 5; amendment of an LPS means an amendment, of an LPS, that is approved under section 40Q; amendment of the SPPs means an amendment, of the SPPs, that is made under section 30P, section 30NA(6) or section 30NB(3); Appeal Tribunal means the Tasmanian Civil and Administrative Tribunal; authorised officer means a person who, under section 65I, is, or is authorised to be, an authorised officer; building includes – a structure and part of a building or structure; and fences, walls, out-buildings, service installations and other appurtenances of a building; and a boat or a pontoon which is permanently moored or fixed to land; bushfire hazard management plan means a plan showing means of protection from bushfires in a form approved in writing by the Chief Officer; certifiable scheme or order means a planning scheme prescribed for the purposes of section 50A; certifiable permitted use or development means a use, or development, that is prescribed for the purposes of section 50A;Chief Officer means the person appointed as Chief Officer under section 10 of the Fire Service Act 1979; Commission means the Tasmanian Planning Commission established under the Tasmanian Planning Commission Act 1997; conservation includes preservation, maintenance, sustainable use and restoration of the natural and cultural environment; council has the same meaning as in the Local Government Act 1993; development includes – the construction, exterior alteration or exterior decoration of a building; and the demolition or removal of a building or works; and the construction or carrying out of works; and the subdivision or consolidation of land, including buildings or airspace; and the placing or relocation of a building or works on land; and the construction or putting up for display of signs or hoardings – but does not include any development of a class or description, including a class or description mentioned in paragraphs (a) to (f), prescribed by the regulations for the purposes of this definition; discretionary permit means a permit to which section 57 applies or to which, but for section 40Y(5), section 57 would apply; dispensation means a dispensation granted under this Act; Executive Commissioner means the person from time to time holding that office under the Tasmanian Planning Commission Act 1997; general manager, in relation to a council, means a person who is appointed under section 61 of the Local Government Act 1993 as the general manager of the council; land includes – buildings and other structures permanently fixed to land; and land covered with water; and water covering land; and any estate, interest, easement, servitude, privilege or right in or over land;Local Provisions Schedule means a Local Provisions Schedule that is in effect under section 35M(3) and includes such a Schedule as amended, if at all, by an amendment of an LPS that is in effect under section 40S(1);LPS means a Local Provisions Schedule;LPS criteria means the matters specified in section 34; major project has the meaning it has in section 60B; major project permit means a major project permit granted under section 60ZZM; modification includes elaboration, enlargement, alteration and substitution; municipal area includes a part of a municipal area; municipal district means a municipal area; municipality means a council; owner means – in the case of a fee simple estate in land, the person in whom that estate vested; or in the case of land not registered under the Land Titles Act 1980 and subject to a mortgage, the person having, for the time being, the equity of redemption in that mortgage; or in the case of land held under a tenancy for life, the person who is the life tenant; or in the case of land held under a lease for a term of not less than 99 years or for a term of not less than such other prescribed period, the person who is the lessee of the land; or in the case of land in respect of which a person has a prescribed interest, that person; or in the case of Crown land within the meaning of the Crown Lands Act 1976, the Crown in right of the State of Tasmania – but does not include the holder of an interest in land other than the Crown in right of Tasmania if the interest of the holder cannot reasonably be discovered by a search of the Register, within the meaning of the Land Titles Act 1980, or a search conducted at the Registry, within the meaning of the Registration of Deeds Act 1935. permit means any permit, approval or consent required by a planning scheme to be issued or given by a municipality in respect of the use or development of any land; permitted use or development certificate means a certificate, issued under section 50B, that is in force; person includes a department, or other agency of Government of the State or the Commonwealth and an authority of the State or the Commonwealth; planning appeal means an appeal under section 61; planning authority means a council; planning certifier means a person to whom has been issued an authorisation, under section 80C, that is in force; planning compliance certificate means a planning compliance certificate, within the meaning of section 60ZE(1), that has been issued under section 60ZD and is in force; planning scheme– see section 10(2)(a); regional area means an area specified in a notice under section 5A to be a regional area; regional land use strategy, in relation to a regional area, means the regional land use strategy declared under section 5A in relation to the area; relevant agency means – a department or other agency of Government of the State or of the Commonwealth; or an authority of the State or of the Commonwealth established for a public purpose; or a person undertaking a function for the public benefit – declared by the regulations to be a relevant agency for the purposes of the provision in which the expression occurs or for the purposes of a matter prescribed in the regulations; representation, in relation to – a draft of the SPPs or the TPPs, a draft amendment of the SPPs or the TPPs, a draft LPS or a draft amendment of an LPS; or an application for a permit; or a project in respect of which a major project permit may be granted – includes a written statement of facts or reasons in support of or in opposition to the draft, application or project;Special Local Provisions Schedule means a Special Local Provisions Schedule, approved under section 35Q(3), that is in effect;Special LPS means a Special Local Provisions Schedule; special planning order means an order that was, at any time before the substitution of section 47 of this Act by the Tasmanian Planning Scheme Amendment Act, in operation under this Act;SPPs criteria means the matters specified in section 15;State authority means any body or authority, whether incorporated or not, that is – established or constituted under a written law or under the royal prerogative; and a body, or authority, which, or of which the governing authority, wholly or partly comprises a person, or persons, appointed by the Governor, a Minister or another State authority;State Policy means a Tasmanian Sustainable Development Policy made under section 11, or that comes into operation under section 12, of the State Policies and Projects Act 1993;Tasmanian Planning Policies means the Tasmanian Planning Policies made under section 12G(2), as amended from time to time under that section as applied by section 12H(3);Tasmanian Planning Scheme– see section 9;Tasmanian Planning Scheme Amendment Act means the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015; the SPPs means the State Planning Provisions; the State Planning Provisions means the State Planning Provisions, made under section 27, that are in effect under section 29(2) as part of the Tasmanian Planning Scheme, as those Provisions are amended, if at all, under Division 2 of Part 3 by an amendment of the State Planning Provisions that is in effect as part of the Tasmanian Planning Scheme under section 30R(2); the TPPs means the Tasmanian Planning Policies; use, in relation to land, includes the manner of utilising land but does not include the undertaking of development; water and sewerage certificate means a certificate issued under section 50D; works includes any change to the natural or existing condition or topography of land including the removal, destruction or lopping of trees and the removal of vegetation or topsoil, but does not include forest practices, as defined in the Forest Practices Act 1985, carried out in State forests.

Words and expressions used both in this Act and in the Local Government Act 1993 have in this Act, unless the contrary intention appears, the same respective meanings as they have in that Act.

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

Subject to subsection (3), this Act applies to all parts of the State except such parts as may from time to time be prescribed in the regulations and, in particular, applies to land in Wellington Park, as defined in the Wellington Park Act 1993.

Part 3 of this Act does not apply to public land, within the meaning of the Public Land (Administration and Forests) Act 1991, that is the subject of a reference to the Commission.

It is the obligation of any person on whom a function is imposed or a power is conferred under this Act to perform the function or exercise the power in such a manner as to further the objectives set out in Schedule 1.

The Minister, by notice in the Gazette, may specify the regional areas into which the State is divided for the purposes of this Act.

A notice under subsection (1) is to specify the municipal areas that are within a regional area specified in the notice.

The Minister, by notice in the Gazette, may declare a regional land use strategy for a regional area.

The Minister, having received advice from the Commission, must not declare a regional land use strategy unless he or she is satisfied that it – furthers the objectives set out in Schedule 1; and is consistent with each State Policy; and is consistent with the TPPs.

The Minister must consult with – the Commission; and the planning authorities; and the State Service Agencies, and State authorities, as he or she thinks fit – before issuing a notice under subsection (3).

A regional land use strategy may incorporate or refer to any document prepared, by a planning authority in respect of a municipal area to which the regional land use strategy relates, for the purposes of reflecting the application of the regional land use strategy to the municipal area.

The Minister must keep all regional land use strategies under regular and periodic review.

The Minister must, in reviewing a regional land use strategy under subsection (6), consider whether the regional land use strategy – furthers the objectives set out in Schedule 1; and is consistent with each State Policy; and is consistent with the TPPs.

The Minister must review all regional land use strategies as soon as practicable after making the TPPs, or an amendment of the TPPs, so as to determine whether the strategies are consistent with the TPPs, or the amendment, respectively.

A planning authority may, by resolution, delegate any of its functions or powers under this Act other than this power of delegation to a person employed by the authority.

A delegation may be made either generally or as otherwise provided by the instrument of delegation.

Notwithstanding any delegation, a planning authority may continue to perform or exercise all or any of the functions or powers delegated.

A function or power performed or exercised by a delegate has the same effect as if performed or exercised by a planning authority.

A planning scheme and the Tasmanian Planning Scheme may apply to, and a municipality may exercise its powers under this Act in respect of–

any accretion from the sea, whether natural or unnatural, adjoining its municipal district; and any part of the sea-shore to the low-water mark adjoining its municipal district; and all bridges, jetties, wharves, boat-houses and other structures partly within its municipal district and partly in or over the sea adjacent to its municipal district; and any area of the sea directly adjoining its municipal district in, on, over or under which any use or development is related to, or affects, the use of any adjacent land, subject to section 11(3)(c) and (d).

The functions of the Commission under this Act are to –

when required to do so under this Act, prepare draft SPPs, draft Special LPSs, draft LPSs, draft amendments of the SPPs and draft amendments of LPSs and conduct public exhibition, and prepare reports, in relation to such drafts; and conduct reviews of the SPPs, the TPPs and the LPSs, when required to do so under this Act; and approve Local Provisions Schedules, Special Local Provisions Schedules and amendments of LPSs; and establish panels that are to assess major projects and are to determine whether to grant or refuse to grant major project permits in relation to such projects; and perform such other functions as are imposed on it by or under this Act.

The Commission may, with the approval of the Minister, issue guidelines for the purpose of assisting planning authorities in respect of –

the preparation of draft LPSs and draft amendments of LPSs; and the implementation and operation of the Tasmanian Planning Scheme.

There is to be a Tasmanian Planning Scheme.

The Tasmanian Planning Scheme consists of – the State Planning Provisions; and each Local Provisions Schedule and each Special Local Provisions Schedule.