Land Use Planning and Approvals Act 1993

The owner of land, or a person with the consent of the owner, may request the planning authority in writing to amend a permit which applies to that land and which is a permit issued by the planning authority.

A planning authority that receives a request under subsection (1) to amend a permit – must, within the 28-day period after the request was received, amend, or refuse to amend, the permit; and must, within 7 days – after amending the permit, comply with subsection (3); or after refusing to amend the permit, give notice of the refusal to the person who made the request.

The planning authority may amend the permit 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 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 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 issued 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 (2)(a) by reason only that other conditions or restrictions have been specified in the permit, or amended, by the Appeal Tribunal.

A condition or restriction (the fresh condition or restriction) specified by the planning authority in a permit is not to be taken, for the purposes of this section, to be required or imposed by 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 Appeal Tribunal before the planning authority 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.

If the planning authority amends a permit, it must, by notice in writing served on – the person who requested the permit to be amended; and if that person is not the owner of the land, the owner; and in the case of a permit granted under section 57, the owner or occupier of any property which adjoins the land; and any person who made a representation under section 57(5) in relation to the application for the permit – notify those persons of the amendments made to the permit.

If the planning authority amends a permit containing a condition or restriction which 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 amendments made to the permit.