Land Use Planning and Approvals Act 1993

The Commission must establish and maintain a database containing the legislative history of the electronic planning instruments.

For the purposes of this Division, the electronic planning instruments are – the historical planning instruments; and the SPPs, as in force as part of the Tasmanian Planning Scheme from time to time; and each planning scheme, as in force from time to time in relation to a municipal area or a part of a municipal area.

For the purposes of subsection (2)(a), the historical planning instruments are such of the following documents as were or are prescribed before or after the day on which section 10 of the Tasmanian Planning Scheme Amendment Act commences:each instrument that was, under this Act as in force before that day, a planning scheme or special planning order, including such a scheme or order as amended under this Act after that day; each dispensation, granted under section 30W of this Act as in force immediately before 1 January 2015, that is in force.

For the purposes of subsection (1), the legislative history of an electronic planning instrument is – a version of the instrument showing the instrument as it was at the date when it came into force; and a subsequent version of the electronic planning instrument, for each period when the electronic planning instrument differs from a previous version of the instrument because the subsequent version incorporates – an amendment, if any, as in force during the period, made under this Act to the instrument; or an alteration, if any, as in force during the period, made under section 80O to the instrument – that was an amendment or alteration that was not in force in the period in which the previous version was in force.

The Commission may include on the database the legislative history of the following documents, as in force from time to time:State Policies; planning directives; regional land use strategies; any other document of a legislative or policy character that is a member of a class of documents that is prescribed for the purposes of this paragraph.

For the purposes of subsection (1), the legislative history of an electronic policy instrument is – a version of the electronic policy instrument showing the instrument as it was at the date when it came into force; and a subsequent version of the electronic policy instrument, for each period when the electronic policy instrument differs from a previous version of the instrument because the subsequent instrument incorporates – in the case of a planning directive or regional land use strategy – an amendment, as in force during the period, made under this Act; or in the case of a State Policy or any prescribed planning policy document – an amendment, as in force during the period, made by the person or body that made the State Policy or document – that was an amendment that was not in force in the period in which the previous version was in force.

The Commission is to be taken to comply with subsection (1) in relation to a map (the original map) forming part of a planning scheme, special planning order or dispensation, as in force at any time, if the Commission establishes and maintains, as part of the database, an electronic zoning map that replicates the planning markings on the original map, as in force at that time, whether or not the Commission also establishes and maintains, as part of the database, a map that exactly replicates the original map in other respects apart from the planning markings on the original map.

The Minister, by notice, may prescribe for the purposes of this section – an instrument that was, under this Act as in force before the day on which section 10 of the Tasmanian Planning Scheme Amendment Act commenced, a planning scheme or special planning order, including such a scheme or order as amended under this Act after that day; and each dispensation, granted under section 30W of this Act as in force immediately after 1 January 2015, that is in force.