Land Use Planning and Approvals Act 1993

The Commission may prepare a draft Special LPS and approve a Special Local Provisions Schedule in the terms of the draft Special LPS so prepared.

A planning authority may prepare a draft Special LPS and submit it to the Commission.

The Commission, if it receives from a planning authority a draft Special LPS submitted to the Commission under subsection (2), must – approve a Special Local Provisions Schedule in the terms of the draft Special LPS; or with the agreement of the planning authority, modify the draft Special LPS and then approve a Special Local Provisions Schedule in the terms of the draft Special LPS so modified; or refuse to approve a Special Local Provisions Schedule in the terms of the draft Special LPS.

A Special Local Provisions Schedule that applies to a municipal area may only be approved under subsection (3) if the Commission is satisfied that – either – there are contradictions in, or inconsistencies between, the provisions of an LPS that applies to the municipal area; or it is necessary to introduce an LPS that applies to a municipal area to which an LPS does not apply or will cease to operate; and the application of the provisions of Division 4 to the making of an LPS to address the matters referred to in paragraph (a)(i) or (ii) would result in an unacceptable delay; and it is in the public interest to do so.

A Special LPS must comply with Division 2 as if a reference in that Division to a draft LPS were a reference to a draft Special LPS.

Divisions 3, 4 and 5 do not apply in relation to a draft Special LPS.

The Commission must provide to a planning authority in relation to a municipal area notice of the approval of a Special Local Provisions Schedule under subsection (1), or of a decision under subsection (3) in relation to a draft Special LPS, that relates to the planning authority's municipal area.

The Commission must cause notice of the approval of a Special Local Provisions Schedule, and of the place at which the Special Local Provisions Schedule may be inspected, to be published in the Gazette and in a newspaper that is published in Tasmania and circulates generally in the municipal area to which the Special Local Provisions Schedule relates.