After Schedule 5 to the Principal Act , the following Schedule is inserted:

SCHEDULE 6 - Savings and Transitional Provisions – Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015

Section 87C

1.    Interpretation of this Schedule

In this Schedule –

amending Act means the Tasmanian Planning Scheme Amendment Act;

commencement day means the day on which Parts 2A and 3 of this Act, as in force immediately before the commencement day, are substituted by the amending Act;

former provisions means the provisions of this Act as in force immediately before the commencement day;

particular purpose zone means –

(a) a zone called a particular purpose zone in the provisions of the planning scheme in which the zoning appears; or

(b) a group of provisions, in a planning scheme, consisting of –

(i) a zone that is particular to an area of land; and

(ii) the provisions that are to apply in relation to that zone;

permit application means an application, for a permit in relation to land, that is made before the first LPS that applies in relation to the land comes into effect;

planning directive means a planning directive as in force immediately before the commencement day;

planning instrument means a planning scheme, as in operation in relation to a municipal area before an LPS comes into effect in relation to the municipal area;

site-specific qualification means a provision, or provisions, in a planning scheme, that –

(a) only apply in relation to a particular area of land specified in the planning scheme; and

(b) modify, are in substitution for, or are in addition to, the requirements of the planning scheme that would otherwise apply in relation to the land;

specific area plan means –

(a) a plan referred to as a specific area plan in the provision of the planning scheme in which the plan appears; or

(b) a plan, in a planning scheme, consisting of –

(i) a map or overlay that delineates a particular area of land; and

(ii) the provisions that are to apply to that land in addition to, in modification of, or in substitution for, a provision, or provisions, of the planning scheme in which the plan appears.

2.    Saving of regional areas and regional strategies

(1) An area that was a regional area under this Act immediately before the commencement day is taken to be a regional area specified under section 5A of this Act.

(2) A document that was a regional land use strategy under the former provisions is taken to be a regional land use strategy declared under section 5A of this Act.

3.    Saving of various instruments

(1) Despite the substitution of Parts 2A and 3 of the former provisions, if there was, immediately before the commencement day, a planning instrument in operation in relation to a municipal area, then, on and from the commencement day until an LPS comes into effect in relation to the municipal area –

(a) any planning directive that was in force immediately before the commencement day continues to apply in relation to the municipal area and may be modified under Part 2A of the former provisions as if that Part had not been substituted under the amending Act; and

(b) any planning purposes notice that was in force, in relation to the municipal area, under section 30EA of the former provisions continues to apply in relation to the municipal area; and

(c) an interim planning directive may be made or modified under Part 2A of the former provisions as if that Part had not been substituted, and any interim planning directive so made is to be taken to be in force.

(2) Despite the substitution of Parts 2A and 3 of the former provisions, if there was, immediately before the commencement day, a planning instrument in operation in relation to a municipal area, then, on and from the commencement day until an LPS comes into effect in relation to the municipal area –

(a) the planning instrument remains in operation in relation to the municipal area as if Parts 2A and 3 of the former provisions remained in force; and

(b) Parts 2A and 3 of the former provisions remain in force in relation to the municipal area; and

(c) a request, for an amendment to the planning instrument, that is made under section 33 of the former provisions may, by notice to the planning authority in relation to the planning instrument, be withdrawn by the applicant at any time before the draft amendment is approved under section 42 of the former provisions; and

(d) a draft amendment, to the planning instrument, that, before the day on which the LPS comes into effect in relation to a municipal area, has been initiated by a planning authority under section 34 of the former provisions, otherwise than pursuant to a request under section 33 of the former provisions, may, with the approval of the Commission, be withdrawn at any time by the planning authority before the draft amendment is approved under section 42 of the former provisions.

4.    Saving of certain requests or draft amendments to alter designation of zoning under planning instruments

(1) Subclause (2) applies in relation to a draft amendment of a planning instrument if –

(a) the draft amendment is for the purposes of altering in the planning instrument the designation of a zone to an area of land in a municipal area; and

(b) the draft amendment has been initiated by a planning authority under section 34 of the former provisions before an LPS comes into effect in relation to the municipal area; and

(c) the draft amendment has not been approved under section 42 of the former provisions before an LPS comes into effect in relation to the municipal area.

(2) If this subclause applies in relation to a draft amendment of a planning instrument –

(a) Part 3B of this Act applies in relation to the draft amendment as if the draft amendment were a draft amendment of the LPS for the purposes of altering in the LPS the designation of a zone to an area of land; and

(b) the planning authority may alter the draft amendment for the purposes of ensuring that it relates to the LPS; and

(c) if the draft amendment was initiated by a planning authority pursuant to a request under section 33 of the former provisions – the person who made the request may, by notice to the planning authority, withdraw the request at any time before a draft amendment of the LPS, that relates to the request, is approved under section 40Q; and

(d) if the draft amendment was initiated by a planning authority otherwise than pursuant to a request under section 33 of the former provisions – the planning authority may, with the approval of the Commission, withdraw the draft amendment at any time before the draft amendment is approved under section 40Q.

5.    Saving of certain requests or draft amendments to alter certain requirements of planning instruments

(1) Subclause (2) applies in relation to a draft amendment of a planning instrument if –

(a) the draft amendment is a draft amendment, of a planning instrument, for the purposes of  –

(i) altering the requirements of a particular purpose zone, or of a specific area plan, that was designated in the planning instrument to an area of land in a municipal area; or

(ii) establishing in the planning instrument a specific area plan in relation to an area of land in a municipal area; and

(b) the draft amendment has been initiated by a planning authority under section 34 of the former provisions before an LPS comes into effect in relation to the municipal area; and

(c) the draft amendment has not been approved under section 42 of the former provisions before an LPS comes into effect in relation to the municipal area.

(2) If this subclause applies in relation to a draft amendment of a planning instrument –

(a) Part 3B of this Act applies in relation to the draft amendment as if the draft amendment were a draft amendment of an LPS for the purposes of –

(i) altering the requirements of a particular purpose zone, or of a specific area plan, that is designated under the LPS to an area of land; or

(ii) establishing in the LPS a specific area plan in relation to an area of land in a municipal area –

as the case may be; and

(b) the planning authority may alter the draft amendment for the purposes of ensuring that it relates to the LPS; and

(c) if the draft amendment was initiated by the planning authority pursuant to a request under section 33 of the former provisions – the person who made the request may, by notice to the planning authority, withdraw the request at any time before an amendment of the LPS, that relates to the request, is approved under section 40Q; and

(d) if the draft amendment was initiated by the planning authority otherwise than pursuant to a request under section 33 of the former provisions – the planning authority may, with the approval of the Commission, withdraw the draft amendment at any time before the draft amendment is approved under section 40Q.

6.    Application of Part 3B in relation to certain draft amendments

(1) If –

(a) under clause 4 or 5 , Part 3B of this Act applies in relation to a draft amendment of a planning instrument; and

(b) the requirements of a provision ( the former provision ) of Division 2 or 2A of Part 3 of the former provisions have been satisfied in relation to the draft amendment before the day on which an LPS comes into effect in relation to the land to which the draft amendment applies –

the requirements of the provision of Part 3B that most closely corresponds to the former provision are to be taken to have been satisfied in relation to the draft amendment.

(2) If –

(a) under clause 4 or 5 , Part 3B of this Act applies in relation to a draft amendment of a planning instrument; and

(b) the draft amendment was a draft amendment to which a request, in relation to an application for a permit, under section 43A of the former provisions applied –

the request for the draft amendment, and the application for a permit, are to be taken to be a request and an application for a permit, to which section 40T applies.

7.    Certain requests and draft amendment to lapse

(1) If, before an LPS comes into effect in relation to the municipal area –

(a) a request was made under section 33 of the former provisions for the preparation of a draft amendment, to a planning instrument; and

(b) the draft amendment, to a planning instrument, is not a draft amendment to which clause 4 or 5 applies –

the request lapses on the day on which the LPS comes into effect in relation to the municipal area.

(2) If a request for an amendment of a planning instrument is withdrawn or lapses under this Schedule, this Act ceases to apply, on the day on which the LPS comes into effect in relation to the municipal area, in relation to the request and any draft amendment of the planning instrument to which the request relates.

(3) If a draft amendment of a planning instrument, that was in operation in relation to a municipal area immediately before the day on which an LPS comes into effect in relation to the municipal area –

(a) is not a draft amendment to which clause 4(2) or clause 5(2) applies; and

(b) is not approved by the Commission under section 42 of the former provisions before an LPS comes into effect in relation to the municipal area –

this Act ceases to apply in relation to the draft amendment on the day on which the LPS comes into effect in relation to the municipal area.

8.    Specific area plans, particular purpose zones and site-specific qualifications

(1) A draft LPS prepared, and an LPS made, in relation to a municipal area, under Part 3A of this Act, must contain –

(a) the specific area plans; and

(b) the particular purpose zones; and

(c) the site-specific qualifications –

that applied under the planning scheme, in relation to the municipal area, that applied to the area immediately before the commencement day.

(2) If a specific area plan, particular purpose zone, or a site-specific qualification, is contained in an LPS in accordance with subclause (1) , section 32(4) only applies, in relation to that LPS, in relation to an amendment of that LPS.

(3) Nothing in this clause is to be taken to prevent an amendment of an LPS in relation to the specific area plans, the particular purpose zones, or a site-specific qualification, contained in the LPS.

(4) This clause does not apply in relation to a specific area plan, a particular purpose zone, or a site-specific qualification that the Minister, after having consulted with the Commission, declares to be a plan, zone or qualification to which this clause does not apply.

9.    Applications for permits

If an application for a permit in relation to an area of land in a municipal area is made, but not decided under this Act by the relevant decision-maker, before the day on which an LPS comes into effect in relation to the municipal area, the application may be withdrawn by the applicant at any time.

10.    Saving of certain rights to appeal

If a planning authority has amended a permit under section 43K or 56 as in force before the commencement date, any person referred to in section 43K(3) , (4) or (5) , as in force before the commencement day, or section 56(3) or (4) may appeal to the Appeal Tribunal against the decision of the planning authority within 14 days after the day on which the notice was served under section 43K(3) , (4) or (5) or 56(3) or (4) .