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FACT SHEET
Land Use Planning and Approvals Amendment (Tasmanian Planning Policies and
Miscellaneous Amendments) Bill 2018
The Land Use Planning and Approvals Amendment (Tasmanian Planning Polices and
Miscellaneous Amendments) Bill 2018 (the Amendment Bill) amends the Land Use Planning
and Approvals Act 1993 (LUPAA) by establishing a mechanism to make and amend a suite of
Tasmanian Planning Policies (TPPs) to provide strategic direction on matters of state interest
within Tasmania’s land use planning system.
The Amendment Bill also makes a number of administrative changes to LUPAA and the
Tasmanian Planning Commission Act 1997 (TPC Act) aimed at streamlining the Local Provisions
Schedules (LPSs) assessment process; improving the functionality of LUPAA and the TPC Act;
and further aligning these Acts with the Government’s planning reform agenda.
The new TPPs will be prepared to support the Objectives of Tasmania’s Resource
Management and Planning System, as set out in LUPAA. The TPPs will aim to support
economic growth, and plan for the future needs of the community. While TPP’s can cover a
broad range of issues, the initial suite will focus on issues such as economic development,
settlement and livable communities, transport and infrastructure, cultural and natural heritage,
and hazards and risks. Under the process established through the Amendment Bill, draft TPPs
will be released for public consultation and undergo a statutory reporting process that is
facilitated by the independent Tasmanian Planning Commission (the Commission) before
being made.
The TPPs will not contain rules or criteria that apply ‘directly’ to the determination of
individual permit applications or related matters routinely considered and determined by
planning authorities and other bodies under the Tasmanian Planning Scheme. Rather, they will
inform the land use planning system in Tasmania and have effect through either the Regional
Land Use Strategies, the State Planning Provisions (which were made on 22 February 2017),
or the LPSs that are currently being developed by local planning authorities. Each TPP will
specify the manner in which it will apply to the land use planning system.
The Amendment Bill ensures that any TPPs that are prepared are consistent with State
Policies made under that State Policies and Projects Act 1993 and further the RMPS Objectives
that are set out in Schedule 1 of LUPAA. The Amendment Bill also provides that the Minister
will prepare the draft TPPs in consultation with the Tasmanian Planning Commission (the
Commission), planning authorities and relevant State agencies and authorities.
Responsibility for developing the content of the TPPs will sit with the Minister for Planning.
However, the Minister may administratively draw on the skills and expertise of the community
in developing the draft TPPs. The independent Commission will have a role in undertaking
statutory processes such as public exhibition, and the preparation of a summary report of
written submissions on the draft TPPs and whether the draft TPPs meet the ‘TPP criteria’ that
are set out in the Amendment Bill.
The Amendment Bill also makes a number of administrative changes to LUPAA and the TPC
Act to streamline and expedite the LPS assessment process.
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The legislation to facilitate the development of the TPPs delivers on the Government’s
commitment to develop policies that provide strategic direction to the land use planning
system.
The additional administrative changes to LUPAA and the TPC Act also deliver on the
Government’s commitment to streamline the LPS assessment process and improve the
functionality of LUPAA and the TPC Act.
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