After section 30N of the Principal Act , the following Subdivisions are inserted in Division 2:

Subdivision 3A - Minor amendments of the SPPs

30NA.     Preparation of minor amendments of the SPPs

(1)  For the purposes of this section, a draft amendment of the SPPs meets the criteria for minor amendments of the SPPs if –

(a) the amendment is for one or more of the following purposes:

(i) correcting a clerical mistake, an error arising from any accidental slip or omission, an evident miscalculation of figures, or an evident material mistake, in a provision of the SPPs;

(ii) removing an anomaly in the SPPs;

(iii) clarifying or simplifying the SPPs;

(iv) removing an inconsistency in the SPPs;

(v) removing an inconsistency between the SPPs and this Act or any other Act;

(vi) bringing the SPPs into conformity with a State Policy;

(vii) bringing the SPPs into conformity with a planning directive which the Minister has, under section 30BA , determined should be reflected in the SPPs;

(viii) changing provisions of the SPPs that indicate or specify the structure to which an LPS is to conform or the form that a provision of an LPS is to take;

(ix) a prescribed purpose; and

(b) the public interest will not be prejudiced by Subdivision 3 not applying to the draft amendment of the SPPs.

(2)  The Minister, after having prepared under section 30D(1) a draft amendment of the SPPs that is in accordance with terms of reference in relation to which notice has been given under section 30C(2)  –

(a) must, if the draft amendment contains amendments for the purposes of subsection (1)(a)(iii), (vi), (vii), (viii) or (ix), consult with –

(i) the planning authorities; and

(ii) the State Service Agencies, and any State authority, that the Minister thinks fit; and

(b) may, if the draft amendment contains amendments for the purposes of subsection (1)(a)(i), (ii), (iv) or (v), consult with –

(i) the planning authorities; and

(ii) the State Service Agencies, and any State authority, that the Minister thinks fit.

(3)  The Minister, after having prepared under section 30D(1) a draft amendment of the SPPs that is in accordance with terms of reference in relation to which notice has been given under section 30C(2) , must, by notice in writing to the Commission, request the Commission to advise the Minister, by a day specified in the notice, as to whether the Commission is of the opinion that the draft amendment of the SPPs meets the criteria for minor amendments of the SPPs.

(4)  The Commission must, before the day specified in a notice under subsection (3) in relation to a draft amendment of the SPPs, or a longer period allowed by the Minister, advise the Minister –

(a) that the Commission is of the opinion that the draft amendment of the SPPs meets the criteria for minor amendments of the SPPs; or

(b) that the Commission is of the opinion that the draft amendment of the SPPs does not meet the criteria for minor amendments of the SPPs –

and provide to the Minister the Commission’s reasons for being of that opinion.

(5)  The Minister, after considering all advice and reasons provided in the course of consultation under subsections (2) and (4) in relation to a draft amendment of the SPPs, may determine that –

(a) the draft amendment of the SPPs, modified, if at all, as the Minister thinks fit, meets the criteria for minor amendments of the SPPs; or

(b) the draft amendment of the SPPs does not meet the criteria for minor amendments of the SPPs.

(6)  If –

(a) the Minister makes a determination under subsection (5)(a) in relation to a draft amendment of the SPPs; and

(b) the Minister is satisfied that the amendment of the SPPs meets the SPPs criteria –

the Minister may make an amendment of the SPPs in the terms of the draft amendment of the SPPs, without publicly exhibiting the draft in accordance with Subdivision 3 .

(7)  As soon as practicable after the Minister makes a determination under subsection (5) in relation to a draft amendment of the SPPs –

(a) the Commission must place on the Commission’s principal website –

(i) a copy of the advice provided under subsection (4) in relation to the draft amendment of the SPPs; and

(ii) the Commission’s reasons for giving that advice; and

(b) the Minister must place on a website of the Department a copy of the Minister’s reasons for making the determination.

Subdivision 3B - Interim SPPs amendments

30NB.     Interim SPPs amendments

(1)  The Minister, after having given a notice under section 30G(3) of the approval for exhibition of a draft amendment of the SPPs, may give to the Commission a notice requesting the Commission to advise the Minister, within a period specified in the notice, as to whether some or all of the provisions of the draft amendment of the SPPs should become an interim SPPs amendment.

(2)  The Commission, within the period specified in a notice under subsection (1) or a longer period allowed by the Minister, is to –

(a) advise the Minister whether, in the opinion of the Commission, some or all of the provisions of the draft amendment of the SPPs should become an interim SPPs amendment; and

(b) give to the Minister the Commission’s reasons for giving that advice.

(3)  The Minister, after considering the advice, and opinion, received under subsection (2) in relation to a draft amendment of the SPPs, may –

(a) make an interim SPPs amendment in the terms of some or all of the provisions of the draft amendment of the SPPs, modified, if at all, as the Minister thinks fit; or

(b) decide not to make an interim SPPs amendment in the terms of some or all of the provisions of the draft amendment of the SPPs.

(4)  The Minister may only make an interim SPPs amendment under subsection (3)(a) in the terms of some or all of the provisions of a draft amendment of the SPPs, modified, if at all, as the Minister thinks fit, if the Minister is satisfied that –

(a) it is necessary or desirable to make the interim SPPs amendment in order to urgently address issues relating to a natural or environmental hazard, public health, public safety or a prescribed circumstance or matter; and

(b) it is in the public interest to give effect as soon as practicable to the provisions of the draft amendment of the SPPs contained in the interim SPPs amendment.

(5)  If the Minister makes an interim SPPs amendment under subsection (3)(a) , the Minister must –

(a) give written notice of the interim SPPs amendment to the Commission and all planning authorities; and

(b) publish in the Gazette notice of the making of the interim SPPs amendment and of the day on which the interim SPPs amendment is to come into effect as an amendment of the Tasmanian Planning Scheme, which is to be a day on or after the day on which the notice is so published.

(6)  If the Minister decides under subsection (3)(b) not to make an interim SPPs amendment, the Minister must give written notice of the decision to the Commission.

(7)  As soon as practicable after the Minister makes a decision under subsection (3) in relation to a draft amendment of the SPPs –

(a) the Commission must place on the Commission’s principal website a copy of the advice and reasons given under subsection (2) in relation to the draft amendment of the SPPs; and

(b) the Minister must place on a website of the Department a copy of the Minister’s reasons for making the decision.

30NC.     Effect, and taking effect, of interim SPPs amendment

(1)  An interim SPPs amendment made under section 30NB(3)(a) comes into effect as an amendment of the Tasmanian Planning Scheme on the day specified, in the notice published under section 30NB(5)(b) in relation to the interim SPPs amendment, as the day on which the interim SPPs amendment is to come into effect as an amendment of the Tasmanian Planning Scheme.

(2)  An interim SPPs amendment remains in effect as an amendment of the Tasmanian Planning Scheme until –

(a) the end of the period of 12 months from the day on which the interim SPPs amendment comes into effect as an amendment of the Tasmanian Planning Scheme; or

(b) the day on which a draft amendment of the SPPs, in the same terms as the interim SPPs amendment, comes into effect under section 30R as an amendment of the Tasmanian Planning Scheme; or

(c) a revocation of the interim SPPs amendment comes into effect under section 30ND(5)  –

whichever occurs first.

(3)  If an interim SPPs amendment has come into effect as an amendment of the Tasmanian Planning Scheme –

(a) the SPPs are, for the period that the interim SPPs amendment remains in effect, amended in accordance with the interim SPPs amendment; and

(b) the SPPs cease to be amended in accordance with the interim SPPs amendment when the interim SPPs amendment ceases to be in effect as an amendment of the Tasmanian Planning Scheme.

(4)  The Minister may publish a notice in the Gazette specifying –

(a) a day, after the day on which the notice is published in the Gazette , on which; or

(b) the period, beginning on the day on which the notice is published in the Gazette , after the end of which –

an interim SPPs amendment, that has come into effect under subsection (1) as an amendment of the Tasmanian Planning Scheme, is to come into effect as an amendment of the Tasmanian Planning Scheme in relation to a municipal area specified in the notice.

(5)  An interim SPPs amendment comes into effect in relation to a municipal area –

(a) on the day specified, in the notice published in the Gazette under subsection (4)(a) , as the day on which the interim SPPs amendment is to come into effect as an amendment of the Tasmanian Planning Scheme in relation to the municipal area; or

(b) on the day immediately after the end of the period specified, in the notice published in the Gazette under subsection (4)(b) , as the period after the end of which the interim SPPs amendment is to come into effect as an amendment of the Tasmanian Planning Scheme in relation to the municipal area.

(6)  An interim SPPs amendment remains in effect as an amendment of the Tasmanian Planning Scheme in relation to a municipal area until –

(a) the end of the period of 12 months from the day on which the interim SPPs amendment comes into effect as an amendment of the Tasmanian Planning Scheme (other than as an amendment of the Tasmanian Planning Scheme in relation to the municipal area); or

(b) the day on which a draft amendment of the SPPs, in the same terms as the interim SPPs amendment, comes into effect under section 30S in relation to the municipal area; or

(c) a revocation of the interim SPPs amendment comes into effect under section 30ND(5) in relation to the municipal area; or

(d) the interim SPPs amendment ceases to have effect as an amendment of the Tasmanian Planning Scheme in relation to the municipal area under section 30ND(7)  –

whichever occurs first.

(7)  If an interim SPPs amendment has come into effect as an amendment of the Tasmanian Planning Scheme in relation to a municipal area –

(a) the Tasmanian Planning Scheme in relation to the municipal area, as amended by the interim SPPs amendment, remains in effect for the period that the interim SPPs amendment remains in effect in relation to the municipal area; and

(b) the Tasmanian Planning Scheme in relation to the municipal area ceases to be amended, in accordance with the interim SPPs amendment, when the interim SPPs amendment ceases to be in effect under subsection (6) as an amendment of the Tasmanian Planning Scheme in relation to a municipal area.

30ND.     Revocation of interim SPPs amendment

(1)  The Minister may revoke an interim SPPs amendment.

(2)  If the Minister revokes under subsection (1) an interim SPPs amendment, the Minister must –

(a) give written notice of the revocation of the interim SPPs amendment to the Commission and all planning authorities; and

(b) publish in the Gazette notice of the revocation of the interim SPPs amendment and of the day on which the revocation takes effect, which is to be a day on or after the day on which the notice is so published.

(3)  If the Minister revokes under subsection (1) an interim SPPs amendment, the revocation takes effect on the day specified in the notice under subsection (2)(b) as the day on which the revocation takes effect.

(4)  If the Minister revokes under subsection (1) an interim SPPs amendment that has come into effect under section 30NC(5) in relation to a municipal area, the Minister must –

(a) give written notice of the revocation of the interim SPPs amendment to the Commission and to the planning authority for the municipal area; and

(b) publish in the Gazette notice of the revocation of the interim SPPs amendment and of the day on which the revocation takes effect in relation to a municipal area specified in the notice, which is to be the day, or a day after the day, on which the notice is so published.

(5)  If the Minister revokes under subsection (1) an interim SPPs amendment, the revocation of the interim SPPs amendment takes effect in relation to a municipal area on the day specified in the notice under subsection (4)(b) as the day on which the revocation takes effect in relation to the municipal area.

(6)  The Minister may, by notice in the Gazette , declare that an interim SPPs amendment ceases to have effect in relation to a municipal area on a day specified in the notice.

(7)  An interim SPPs amendment ceases to have effect in relation to a municipal area on the day specified in the notice under subsection (6) in relation to the municipal area.