After section 12 of the Principal Act , the following Part is inserted:

PART 2A - Tasmanian Planning Policies

12A.     Interpretation of Part 2A

In this Part –

exhibition notice , in relation to a draft of the TPPs, means the exhibition notice published under section 12D(1) in relation to the draft;

exhibition period , in relation to a draft of the TPPs, means the period specified, in accordance with section 12D(3)(a) , in the exhibition notice as the exhibition period in relation to the draft;

exhibition premises , in relation to a draft of the TPPs, means premises –

(a) to which the public has access during normal business hours; and

(b) that are specified, in accordance with section 12D(3)(b)(i) , in the exhibition notice in relation to the draft of the TPPs;

TPP criteria means the matters referred to in section 12B(4) .

12B.     Contents and purposes of Tasmanian Planning Policies

(1)  The purposes of the TPPs are to set out the aims, or principles, that are to be achieved or applied by –

(a) the Tasmanian Planning Scheme; and

(b) the regional land use strategies.

(2)  The TPPs may relate to the following:

(a) the sustainable use, development, protection or conservation of land;

(b) environmental protection;

(c) liveability, health and wellbeing of the community;

(d) any other matter that may be included in a planning scheme or a regional land use strategy.

(3)  The TPPs may specify the manner in which the TPPs are to be implemented into the SPPs, LPSs and regional land use strategies.

(4)  The TPPs must –

(a) seek to further the objectives set out in Schedule 1 ; and

(b) be consistent with any relevant State Policy.

12C.     Draft of the TPPs

(1)  The Minister may prepare a draft of the TPPs.

(2)  The Minister must consult with –

(a) the Commission; and

(b) the planning authorities; and

(c) the State Service Agencies, and the State authorities, as the Minister thinks fit –

in relation to the intention to prepare a draft of the TPPs and a draft of the TTPs.

(3)  The Minister, by notice to the Commission, may –

(a) provide to the Commission a draft of the TPPs; and

(b) direct the Commission to undertake public exhibition in relation to the draft of the TPPs.

12D.     Public exhibition of draft of the TPPs

(1)  The Commission, as soon as practicable after receiving a notice under section 12C(3) in relation to a draft of the TPPs, must ensure that an exhibition notice in relation to the draft of the TPPs is published in accordance with this section.

(2)  The exhibition notice is to be published once before, and once within 14 days after, the first day of the exhibition period, in a newspaper that is published, and circulates generally, in Tasmania.

(3)  An exhibition notice is to –

(a) specify the period that is to be the exhibition period in relation to the draft of the TPPs; and

(b) specify that a copy of the draft of the TPPs is or will be –

(i) available for viewing by the public during the exhibition period at premises, that are offices of the Commission, specified in the notice; and

(ii) available for viewing and downloading by the public, during the exhibition period, at an electronic address specified in the notice; and

(c) contain an invitation to all persons and bodies to, within the exhibition period, make to the Commission a representation in relation to the draft of the TPPs by submitting the representation to –

(i) the premises specified in the notice in accordance with paragraph (b)(i) ; or

(ii) an electronic address specified in the notice.

(4)  The exhibition period, in relation to a draft of the TPPs, is to be a period of 60 days, which period –

(a) begins on the day on which the draft of the TPPs begins to be available for viewing by the public at exhibition premises in accordance with subsection (6)(a) ; and

(b) excludes any days on which the exhibition premises are closed during normal business hours.

(5)  The Commission must, as soon as practicable after receiving notice under section 12C(3) in relation to a draft of the TPPs, give to each planning authority –

(a) a copy of the draft of the TPPs; and

(b) an invitation to make to the Commission a representation in relation to the draft of the TPPs.

(6)  The Commission must ensure that copies of the draft of the TPPs are, for the exhibition period –

(a) available for viewing by the public at the exhibition premises; and

(b) available for viewing and downloading by the public at an electronic address specified in the exhibition notice.

12E.     Representations

(1)  A person or body may make to the Commission a representation in relation to a draft of the TPPs that is available for viewing by the public at the exhibition premises in accordance with section 12D(6) .

(2)  A representation in relation to a draft of the TPPs –

(a) is to be made under subsection (1) within the exhibition period in relation to the draft of the TPPs; and

(b) must be made by submitting the representation to the premises, or to the electronic address, that are specified, in accordance with section 12D(3)(b) , in the exhibition notice in relation to the draft of the TPPs.

(3)  For the purposes of this Part, any matter, contained in a representation under subsection (1) in relation to a draft of the TPPs, that does not relate to the contents or merits of the draft is not to be taken to be part of the representation.

(4)  The Commission must consider all representations under subsection (1) in relation to a draft of the TPPs.

12F.     Report by Commission

(1)  The Commission, as soon as practicable after the end of the exhibition period in relation to a draft of the TPPs –

(a) must consider whether it is satisfied that the draft of the TPPs meets the TPP criteria; and

(b) is to consider whether there are any matters of a technical nature, or that may be relevant, in relation to the application of the TPPs to –

(i) the Tasmanian Planning Scheme; or

(ii) each regional land use strategy –

if the TPPs were made under section 12G(2) in the terms of the draft of the TPPs; and

(c) may, if it thinks fit, hold one or more hearings in relation to the representations received under section 12E .

(2)  The Commission, within 90 days, or a longer period allowed by the Minister, after the end of the exhibition period in relation to a draft of the TPPs, must provide to the Minister a report in relation to the draft of the TPPs.

(3)  The report in relation to a draft of the TPPs is to contain –

(a) a summary of the issues raised in the representations in relation to the draft of the TPPs; and

(b) a statement as to whether the Commission is satisfied that the draft of the TPPs meets the TPP criteria; and

(c) a statement as to whether there are any matters of a technical nature, or that may be relevant, in relation to the application of the TPPs to –

(i) the Tasmanian Planning Scheme; or

(ii) each regional land use strategy –

if the TPPs were made under section 12G(2) in the terms of the draft of the TPPs.

12G.     Making of the TPPs

(1)  The Minister may inform himself or herself, in the manner he or she thinks fit, in relation to a draft of the TPPs.

(2)  The Minister may make, or refuse to make, the Tasmanian Planning Policies in the terms of the draft of the TPPs modified, if at all, as the Minister thinks fit.

(3)  If the Minister intends to substantially modify the TPPs from the draft of the TPPs, the Minister must direct the Commission to comply with sections 12D and 12F in relation to the substantially modified TPPs as if the draft was a draft of the TPPs provided to the Commission under section 12C(3) .

(4)  The Minister may only make, or refuse to make, the Tasmanian Planning Policies under subsection (2) after considering the report provided to him or her under section 12F(2) in relation to a draft of the TPPs or a substantially modified draft of the TPPs under subsection (3) .

(5)  The Minister may not make the Tasmanian Planning Policies unless the Minister is satisfied, on advice from the Tasmanian Planning Commission, that they meet the TPP criteria.

(6)  As soon as practicable after, under subsection (2) , making the Tasmanian Planning Policies, the Minister must publish a notice in the Gazette  –

(a) specifying that the Minister has made the Tasmanian Planning Policies; and

(b) specifying –

(i) a day, after the day on which the notice is published in the Gazette , on which the Tasmanian Planning Policies come into effect; or

(ii) a period, after the day on which the notice is published in the Gazette , at the end of which the Tasmanian Planning Policies come into effect.

(7)  The Tasmanian Planning Policies made under subsection (2) come into effect –

(a) on the day specified, in the notice published in the Gazette under subsection (6) , as the day on which the Tasmanian Planning Policies are to come into effect; or

(b) on the day after the end of the period specified, in the notice published in the Gazette under subsection (6) , as the period at the end of which the Tasmanian Planning Policies are to come into effect.

(8)  As soon as practicable after, under subsection (2) , refusing to make the Tasmanian Planning Policies in the form of a draft of the TPPs, the Minister must publish a notice in the Gazette that the Minister has refused to make the Tasmanian Planning Policies and publish his or her reasons for refusing to make the TPPs.

(9)  As soon as practicable after, under subsection (2) , making the Tasmanian Planning Policies, the Minister must publish in a newspaper that is published, and circulates generally, in Tasmania, a notice –

(a) specifying that the Minister has made the Tasmanian Planning Policies; and

(b) specifying –

(i) a day on which the Tasmanian Planning Policies come into effect; or

(ii) a period, after the day on which the notice is published in the Gazette , at the end of which the Tasmanian Planning Policies come into effect; and

(c) specifying, if the Tasmanian Planning Policies are in the terms of a draft of the TPPs modified as the Minister thinks fit, the reasons why the Minister modified the draft of the TPPs, including the evidence on which the Minister has based his or her reasons.

12H.     Amendments of the TPPs

(1)  The Minister may prepare a draft amendment of the TPPs.

(2)  A draft amendment of the TPPs, and an amendment of the Tasmanian Planning Policies, may consist of –

(a) an amendment of one or more of the provisions of the TPPs; or

(b) the insertion of one or more provisions into the TPPs; or

(c) a revocation of one or more of the provisions of the TPPs; or

(d) the substitution of one or more of the provisions of the TPPs.

(3)  Except in relation to a draft amendment to which subsection (5) applies, this Part applies in relation to a draft amendment of the TPPs as if –

(a) a reference in this Part to a draft of the TPPs or the TPPs were a reference to the draft amendment of the TPPs or to an amendment of the TPPs, respectively, except that –

(i) the reference in section 12D(4) to 60 days is to be taken to be a reference to 42 days; and

(ii) the reference in section 12F(2) to 90 days is to be taken to be a reference to 60 days; and

(b) a reference in this Part to the Tasmanian Planning Policies were a reference to an amendment of the Tasmanian Planning Policies.

(4)  The Minister may determine that a draft amendment of the TPPs is a minor amendment, if –

(a) the Minister is of the opinion that the public interest will not be prejudiced if the draft amendment of the TPPs is not publically exhibited; and

(b) the draft amendment of the TPPs is for one or more of the following purposes:

(i) correcting an error in the TPPs;

(ii) removing an anomaly in the TPPs;

(iii) clarifying or simplifying the TPPs;

(iv) amending a provision of the TPPs other than so as to change the intent of a policy expressed in the TPPs;

(v) bringing the TPPs into conformity with a State Policy;

(vi) a prescribed purpose.

(5)  Section 12G , other than section 12G(4) , applies, in relation to a draft amendment of the TPPs that is determined under subsection (4) to be a minor amendment, as if a reference in that section to a draft of the TPPs, or the Tasmanian Planning Policies, were a reference to the draft amendment of the TPPs, and to an amendment of the Tasmanian Planning Policies, respectively.

12I.   Minister to review the TPPs

(1)  The Minister is to keep the TPPs under regular and periodic review.

(2)  The Minister must at the end of every 5-year period after the TPPs are made –

(a) conduct a review of the TPPs and the implementation of the TPPs; or

(b) by notice to the Commission, direct the Commission to conduct a review of the TPPs and the implementation of the TPPs and provide to the Minister a report in relation to the review within the period specified in the notice; or

(c) the Minister must table a report on the review conducted under paragraph (a) or provided by the Commission under paragraph (b) , in Parliament as soon as practicable.