Land Use Planning and Approvals Act 1993

An owner of land, or a person with the consent of an owner of land, may request a planning authority to amend a permit, to which a decision under section 42B(1) relates, that applies to the land.

The planning authority, on receiving a request under subsection (1) in relation to a permit to which a decision under section 42B(1) relates, may amend or refuse to amend the permit.

The planning authority may only amend under subsection (2) a permit to which a decision under section 42B(1) relates if it is satisfied that the amendment – is not an amendment of a condition or restriction, specified in the permit, that is required, imposed or amended by the Commission or the Appeal Tribunal; and does not change the effect of a condition or restriction, specified in the permit, that is required, imposed or amended by the Commission or the Appeal Tribunal; and will not cause an increase in detriment to any person; and does not change the use or development for which the permit was granted, other than a minor change to the description of the use or development.

An amendment of a condition or restriction specified in a permit is not to be taken to contravene subsection (3)(b) by reason only that other conditions or restrictions have been specified in the permit, or amended, by the Commission or the Appeal Tribunal.

A condition or restriction (the fresh condition or restriction) specified by the Commission or the Appeal Tribunal in a permit is not to be taken, for the purposes of this section, to be required or imposed by the Commission, or the Appeal Tribunal, if – the fresh condition or restriction is to the same effect as a condition or restriction that was specified in the permit by the planning authority before the Commission or the Appeal Tribunal specified the fresh condition or restriction in the permit; and the fresh condition or restriction is not referred to in the decision, in relation to the permit, of – the Appeal Tribunal made under section 78 of the Tasmanian Civil and Administrative Tribunal Act 2020; or the Commission under section 42B.

If the planning authority amends under subsection (2) a permit, it must, by notice in writing served on the following persons, notify them of the amendment:the applicant for the amendment; if the applicant is not the owner of the land to which the permit relates – the owner of the land; any person or body who or that made a representation under section 41(1) in relation to the application for the permit under section 40T(1); the owner or occupier of any property which adjoins the land to which the permit relates.

If the planning authority amends under subsection (2) a permit that contains a condition or restriction that the Board of the Environment Protection Authority has required under section 25(5) of the Environmental Management and Pollution Control Act 1994, the planning authority must, by notice in writing served on the Board, notify it of the amendment.

Section 56A applies to an amendment of a permit under subsection (2).

If the planning authority amends a permit in respect of which the Commission has modified, deleted or added conditions or restrictions under section 42B(1)(b), the planning authority must, by notice in writing served on the Commission, notify it of the amendments made to the permit.

If the planning authority amends under subsection (2) a permit containing a condition or restriction which the Heritage Council has specified under section 39(6) of the Historic Cultural Heritage Act 1995, the planning authority must, by notice in writing served on the Heritage Council, notify the Council of the amendment.