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LAND USE PLANNING AND APPROVALS AMENDMENT (TASMANIAN PLANNING SCHEME MODIFICATION) ACT 2021 (NO. 7 OF 2021) - SECT 23

Schedule 6 amended (Savings and Transitional Provisions – Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015)
Clause 3 of Schedule 6 to the Principal Act is amended by inserting after subclause (2) the following subclauses:
(2A) If a draft planning directive prepared under section 10 of the former provisions consists of provisions that meet the relevant conditions, the Minister may issue under section 13(1) of the former provisions a planning directive in the form of the draft planning directive, even though a report and recommendations have not been made, under section 12(5) of the former provisions, in relation to the draft planning directive.
(2B) For the purposes of subclause (2A) , provisions of a draft planning directive (the relevant directive ) meet the relevant conditions if –
(a) the Minister has issued an interim planning directive under section 12A of the former provisions in the terms of the relevant directive; and
(b) the relevant directive consists only of any one or more of the following provisions of the SPPs, modified, if at all, for the relevant purposes:
(i) planning terms and definitions contained in clause 3.0 of the SPPs;
(ii) exemptions contained in clause 4.0 of the SPPs;
(iii) application requirements contained in clause 6.1 of the SPPs;
(iv) general provisions contained in clause 7.0 of the SPPs;
(v) development standards, relating to dwellings, that relate to the General Residential Zone or the Inner Residential Zone, as referred to in the SPPs;
(vi) other provisions that are necessary or convenient to include for the relevant purposes.
(2C) For the purposes of subclause (2B)(b) , the relevant purposes are –
(a) to enable the provisions of the SPPs included in the directive –
(i) to operate effectively when included, in accordance with the directive, in a planning scheme to which the directive is to relate; or
(ii) to operate effectively in conjunction with the provisions included in the planning scheme in accordance with any other planning directive that applies to the planning scheme; or
(b) to enable the provisions of the directive to operate effectively.
(2D) The Minister may, by a planning directive issued, in accordance with subclause (2A) , under section 13(1) of the former provisions, modify the provisions of a directive (the original directive ) that was issued, in accordance with subclause (2A) , under section 13(1) of the former provisions, but only if it is necessary to modify the provisions of the original directive so as to ensure that the provisions, contained in a planning scheme in accordance with the original directive, will be consistent with the provisions of the SPPs as amended by an amendment of the SPPs made after the original directive was issued.



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