Land Use Planning and Approvals Act 1993

In this section – fishing means fishing as defined in the Living Marine Resources Management Act 1995 and as conducted in accordance with that Act; forestry operations includes the processes and works connected with – the establishment of forests; and the growing of timber; and the harvesting of timber; and land clearing, land preparation, burning off, road construction, and associated quarry works, conducted in relation to an activity specified in paragraph (a), (b) or (c); marine farming means marine farming as defined in the Marine Farming Planning Act 1995 and as conducted in accordance with that Act and the Living Marine Resources Management Act 1995; proclaimed wharf area means the area of a wharf, the boundaries of which have been defined, altered or redefined under the Marine Act 1976 before the commencement of the Port Companies Act 1997;State waters means State waters as defined in the Living Marine Resources Management Act 1995.

Subject to this Act, a planning scheme or the Tasmanian Planning Scheme may – make any provision which relates to the use, development, protection or conservation of any land; and set out policies and specific objectives; and regulate or prohibit the use or development of any land; and set out requirements for the provision of public utility services to any land; and require specified things to be done to the satisfaction of the relevant agency or a planning authority; and apply, adopt or incorporate any document which relates to the use, development or protection of any land; and provide that any use or development of any land is conditional on an agreement being entered into under Part 5; and set out provisions relating to the implementation in stages of uses or developments; and provide for any other matter which this Act permits, or requires, to be included in the Tasmanian Planning Scheme; and provide for an application to be made to a planning authority to bring an existing use of land that does not conform to the Tasmanian Planning Scheme into conformity, or greater conformity, with the Tasmanian Planning Scheme; and make any provision that relates to a matter referred to in this subsection.

Nothing in a planning scheme or the Tasmanian Planning Scheme affects – forestry operations conducted on land declared as a private timber reserve under the Forest Practices Act 1985; or the undertaking of mineral exploration in accordance with a mining lease, an exploration licence, a special exploration licence, or a retention licence, issued under the Mineral Resources Development Act 1995, provided that any mineral exploration carried out is consistent with the standards specified in the Mineral Exploration Code of Practice, published by Mineral Resources Tasmania, as in force from time to time; or fishing; or marine farming in State waters.

Subsection (3)(d) does not apply to – any bridge, jetty, wharf, boathouse, shed, pipeline, or other structure, that is used in connection with marine farming and that is constructed wholly or in part on, or above, the high water mark; or a use or development on any accretion from the sea.

It is not a defence to a charge of an offence of using or developing land in a municipal area in contravention of a planning scheme or this Act that, after the offence was committed, the use or development has become lawful under a provision of a planning scheme or the Tasmanian Planning Scheme in relation to the municipal area.

A planning scheme or the Tasmanian Planning Scheme may require a use to which section 12(1) applies to comply with a code of practice approved or ratified by Parliament under an Act.

A planning scheme or the Tasmanian Planning Scheme is not to prohibit or require a discretionary permit for the use or development of a proclaimed wharf area for port and shipping purposes.