Land Use Planning and Approvals Act 1993

An LPS is to consist of provisions that apply only to a single municipal area specified in the LPS.

An LPS – must specify the municipal area to which its provisions apply; and must contain a provision that the SPPs require to be included in an LPS; and must contain a map, an overlay, a list, or another provision, that provides for the spatial application of the SPPs to land, if required to do so by the SPPs; and may, subject to this Act, contain any provision in relation to the municipal area that may, under section 11 or 12, be included in the Tasmanian Planning Scheme; and may contain a map, an overlay, a list, or another provision, that provides for the spatial application of the SPPs to particular land; and must not contain a provision that is inconsistent with a provision of section 11 or 12; and may designate land as being reserved for public purposes; and may, if permitted to do so by the SPPs, provide for the detail of the SPPs in respect of, or the application of the SPPs to, a particular place or matter; and may, if permitted to do so by the SPPs, override a provision of the SPPs; and may, if permitted to do so by the SPPs, modify, in relation to a part of the municipal area, the application of a provision of the SPPs; and may, subject to this Act, include any other provision that – is not a provision of the SPPs or inconsistent with a provision of the SPPs; and is permitted by the SPPs to be included in an LPS; and must not contain a provision that the SPPs specify must not be contained in an LPS.

Without limiting subsection (2) but subject to subsection (4), an LPS may, if permitted to do so by the SPPs, include – a particular purpose zone, being a group of provisions consisting of – a zone that is particular to an area of land; and the provisions that are to apply in relation to that zone; or a specific area plan, being a plan consisting of – a map or overlay that delineates a particular area of land; and the provisions that are to apply to that land in addition to, in modification of, or in substitution for, a provision, or provisions, of the SPPs; or a site-specific qualification, being a provision, or provisions, in relation to a particular area of land, that modify, are in substitution for, or are in addition to, a provision, or provisions, of the SPPs.

An LPS may only include a provision referred to in subsection (3) in relation to an area of land if – a use or development to which the provision relates is of significant social, economic or environmental benefit to the State, a region or a municipal area; or the area of land has particular environmental, economic, social or spatial qualities that require provisions, that are unique to the area of land, to apply to the land in substitution for, or in addition to, or modification of, the provisions of the SPPs.

An LPS must be in accordance with the structure, if any, that is indicated, or specified, in the SPPs to be the structure to which an LPS is to conform.

A provision of an LPS must be in the form, if any, that the SPPs indicate a provision of an LPS is to take.

A provision of an LPS in relation to a municipal area is not to be taken to have failed to comply with this section, or to be inconsistent with a provision of the SPPs, by reason only that it is inconsistent with a provision of the SPPs that has not come into effect in relation to the municipal area.