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CLAUSE NOTES
Housing Land Supply Bill 2018
Clause 1 Short title
This clause cites the short title of the Act – the Housing Land Supply Act 2018.
Clause 2 Commencement
This clause provides for the Act to commence upon receiving Royal Assent.
Clause 3 Interpretation
This clause defines a range of key terms used in the Act, including:
- Government land
- Homes Act land
- Housing supply land
- Housing land supply order
Clause 4 Housing land supply orders
This clause enables the Minister to make an order declaring an area of land as
housing supply land. The Minister’s ability to declare an area of land as housing
supply land is constrained by the limitations contained in clause 5.
This clause also clarifies that a ‘housing land supply order’ may include:
- a provision declaring that a zone in the applicable planning scheme is
to apply to the land subject to the order, provided the requirements of
clause 6 are satisfied;
- one or more of the modified planning provisions that can be included
in a ‘housing land supply order’ under clause 7.
This clause also specifies when a ‘housing land supply order’ takes effect.
Clause 5 Land that may be declared to be housing supply land
This clause limits the type of land that the Minister can declare as housing
supply land and the period in which the Minister can make such a declaration.
It also requires the Minister to be satisfied of certain matters regarding the land
prior to making a declaration.
Under this clause, only land that is government land (Crown land or land
owned or held under the Homes Act 1935) at the date the Bill commences
can be declared. Further, the land must not be government land that is:
- reserved land under the Nature Conservation Act 2002;
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- managed under the National Parks and Reserves Management Act 2002;
- managed under the Wellington Park Act 1993;
- permanent timber production zone land, within the meaning of the
Forest Management Act 2013; or
- future potential production forest land within the meaning of the
Forestry (Rebuilding the Forest Industry) Act 2014.
The Minister can only declare land as housing supply land within 5 years of the
Bill commencing.
This clause includes a requirement for the Minister to be satisfied of certain
matters before declaring land as housing supply land. These are that:
- there is a need for land to be made available for the purposes of the
Homes Act 1935 (the Homes Act); and
- the area of land is suitable for residential use and/or development
having regard to its proximity to services and employment
opportunities.
This clause also requires the consent of the Minister for Crown land and the
Secretary of the department responsible for controlling or administering the
relevant land before a ‘housing land supply order’ can be made. It also requires
that the consent of the Director of Housing be obtained where the land is
already Homes Act land.
Clause 6 Inclusion of intended zones in housing land supply orders
This clause requires the Minister to be satisfied of certain matters (and comply
with certain requirements) in order to declare that a zone under an applicable
scheme applies to an area of housing supply land.
Under this clause, the Minister must be satisfied that assigning the intended
zone to the area of land would be consistent with the State Policies, the State
Planning Provisions (SPPs) and the relevant regional land use strategy. The
Minister also needs to be satisfied that:
- the use or development of the land will not be significantly restricted
by the requirements of any code that applies to the land under the
applicable planning scheme;
- the intended zone is consistent with the zone purpose specified in the
SPPs in relation to the intended zone, whether or not the Tasmanian
Planning Scheme is the applicable planning scheme;
- assigning the intended zone furthers the objectives set out in Schedule
1 to the Land Use Planning and Approvals Act 1993 (LUPAA); and
- any guidelines under section 8A of the LUPAA have been considered.
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The Minister must also consider the environmental, economic and social
effects and the effects on Aboriginal and cultural heritage of assigning the
intended zone to the area of land. Further, the Minister must be satisfied that
the rezoning would not cause any significant land use conflicts.
The Minister can only declare a zone to apply to housing supply land if the
zone would enable housing density that maximises the use of infrastructure
and the capacity of the land, akin to suburban densities or a higher density.
Alternatively, where the intended zone relates to part only of the land, the
Minister can declare a zone to apply provided it either meets the above
requirement, is necessary or appropriate for subdividing the land for residential
use, or was a zone that applied to the relevant land immediately before the
‘housing land supply order’ was made.
Clause 7 Modifications of planning requirements that may be specified in housing land
supply order
This clause provides for the Minister to specify certain types of provisions to
apply to an area of land under a ‘housing land supply order’. These are:
- provisions modifying or nullifying a ‘relevant housing provision’ of the
applicable planning scheme (i.e. an interim planning scheme); and/or
- provisions applying a ‘relevant SPPs provision’ (or a modified provision)
of the SPPs in a ‘housing land supply order’.
Under this clause, a ‘relevant SPPs provision’ is a provision that can be included
in a ‘housing land supply order’ that:
- specifies a use or development standard in relation to the General
Residential Zone, the Inner Residential Zone or the Urban Mixed Use
Zone in the SPPs;
- is in the Parking and Sustainable Transport Code in the SPPs;
- relates to the interpretation of words or phrases under the relevant
planning scheme.
Clause 8 Amendment of housing supply orders
This clause enables the Minister to amend a ‘housing land supply order’. This
includes:
- amending a provision declaring an area of land to be housing supply
land;
- amending, including or revoking a provision assigning a zone under the
applicable planning scheme to the area of housing supply land or a
provision including a modified housing provision or modified SPP
provision.
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Under this clause, amendments can only be made that are within the scope of
the relevant order making power under clauses 5, 6 and 7 of the Bill.
This clause also specifies when an amendment to a ‘housing land supply order’
takes effect.
Clause 9 Parliament may disallow proposed housing land supply orders and
amendments
This clause requires the Minister to table the proposed ‘housing land supply
order’ (including an amendment to an order) in both Houses of Parliament,
together with a report including:
- the reasons why the Minister wants to make the order;
- the reasons why the Minister is satisfied that the order should be
made;
- a copy of the submissions received during statutory consultation on
the proposed order under clause 10 of the Bill and the Minister’s
response to the issues raised in submissions;
- if the proposed order has been altered by the Minister following
consideration of submissions from ‘interested persons’ (these are
defined in clause 11), a statement of reasons why the order was
altered.
The Minister can also table any other information the Minister thinks fit.
Under this clause, either House of Parliament can disallow the order within
five sitting days of it being tabled.
Clause 10 Consultation to occur before housing land supply orders put to parliament
This clause requires the Minister to comply with certain consultation
requirements before tabling a proposed ‘housing land supply order’ (including
an amendment of an order) in Parliament.
Under this clause, the Minister must give notice of the proposed order to
‘interested persons’ (defined in clause 11) and consider any comments
provided by those persons. Requirements for the form and content of the
notice are contained in clause 12.
The Minister can either lay before both Houses of Parliament:
- the proposed ‘housing land supply order’ that was provided to the
interested persons; or
- amend a proposed ‘housing land supply order’ after considering any
submission received providing the altered proposed order has not
significantly changed either the character or effect of the proposed
order.
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- If there is a significant change to either the character or effect of the
proposed order, the Minister would need to make a new ‘housing land
supply order’ and re-consult with interested persons.
Clause 11 Interested persons
This clause defines the ‘interested persons’ for the purposes of the Bill.
The interested persons are:
- the planning authority responsible for the relevant land;
- any Head of Agency that the Minister considers has an interest in the
use or development of the land for residential purposes;
- a statutory authority that the Minister considers likely to be required to
provide utility services to the land, or where the effective and efficient
provision of services by that authority is likely to be affected by the use
or development of the land for residential purposes;
- the owner or occupier of adjoining land, or the owner or occupier of
land that the Minister considers is likely to be affected by the use or
development for residential purposes;
- the Tasmanian Fire Service;
- the Heritage Council;
- the Aboriginal Heritage Council;
- any planning authority responsible for adjacent land or any other
planning authority that is not within the same municipal area that the
Minister considers may be affected by the proposed ‘housing land
supply order’.
Clause 12 Giving of notice to interested persons
This clause prescribes the requirements for the Minister to give written notice
to ‘interested persons’ of the proposed ‘housing land supply order’. These
include a requirement to:
- provide a copy of the proposed order;
- include a statement of the Minister’s reasons for proposing the order;
and
- invite submissions on the proposed order within 14 days of receipt of
the notice.
Clause 13 Submissions by interested persons
This clause enables an ‘interested person’ to make a submission to the Minister
following an invitation from the Minister under clause 12 and prescribes the
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matters that may be addressed in a submission.
Clause 14 Revocation of housing supply order
This clause enables the Minister to revoke a ‘housing land supply order’ in
prescribed circumstances. These are where the area of land no longer meets
the criteria for declaration under clause 5 or where the land has been
developed after a ‘housing land supply order’ was made.
This clause also specifies when a revocation of a ‘housing land supply order’
takes effect.
Clause 15 Notice to be given that land has ceased to be housing supply land
This clause requires the Minister to notify Parliament and the public where the
Minister makes an order revoking a ‘housing land supply order’.
Under this clause, the Minister must table a copy of the order before each
House of Parliament, a statement of reasons for revoking the order, the
grounds on which the order is being revoked, and any other relevant
information in the Parliament. The Minister must also publish a notice in a
newspaper that is published, and circulates generally, in Tasmania notifying that
the area of land is no longer housing supply land and the date on which this
occurred.
Clause 16 Housing supply land vests in Director of Housing
This clause vests housing supply land that is Crown land to the Director of
Housing on the day the land becomes housing supply land.
Clause 17 Director of Housing to ensure housing supply land is developed or used for
housing
This clause requires the Director of Housing to take all reasonable steps to
ensure that housing supply land is used for the purposes of the Homes Act.
Clause 18 Former Crown land that is not developed within 10 years may be transferred
back to the Crown
The clause enables the Minister to transfer housing supply land that has vested
in the Director of Housing back to the Crown if the land has not been
transferred to another person under the Homes Act or been used or
developed for residential housing within a period of 10 years since the land
become housing supply land.
This clause also specifies when the transfer of land from the Director of
Housing back to the Crown takes effect.
Clause 19 Alteration of zoning of housing supply land
This clause requires the Minister to direct the Tasmanian Planning Commission
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(the Commission) to amend the zoning map under the relevant planning
scheme to reflect the new zoning effected by a ‘housing land supply order’
referred to in clause 4(2).
This clause also requires the Minister to direct the Commission to update the
relevant zoning map to reflect an amendment to a ‘housing land supply order’
that amends or revokes the zoning under clause 8(1) effected by the original
order under clause 4(2). For these amendments, this clause provides that
relevant area of land is assigned the same zone that applied prior to it
becoming housing supply land or (if that zone is no longer in the relevant
planning scheme) the zone that most closely resembles the previous zone.
The Commission has a minimum of 14 days following a direction from the
Minister to make the relevant amendments.
Clause 20 Alteration of planning provisions in relation to housing supply land
This clause requires the Minister to direct the Commission to amend a
planning scheme that applies to an area of land that is subject to a ‘housing
land supply order’ to reflect the inclusion of a specified or modified planning
provision under clause 4(3). The Commission must either:
- amend the applicable planning scheme to include a specific area plan
which contains the provision; or
- amend the Local Provisions Schedule (LPS) to include a site-specific
qualification or a specific area plan if the Tasmanian Planning Scheme
applies to the land.
The Commission is also provided the ability to resolve any transitional issues
that might arise when the LPS comes into effect after a ‘housing land supply
order’ is made
This clause also requires the Minister to direct the Commission to amend an
applicable planning scheme to reflect an amendment to a ‘housing land supply
order’ that amends or revokes a planning scheme provision under clause 8(1)..
Under this clause, the Commission has a minimum of 14 days to make the
necessary amendment.
Clause 21 Directions to amend planning scheme where land ceases to be housing supply
land
This clause provides the Minister with the option to direct the Commission to
amend the applicable planning scheme where an area of land ceases to be
housing supply land because it has not been used or developed for a
residential purpose and is no longer needed to be made available for the
purposes of the Homes Act. The Minister may direct the Commission to:
- reassign to the land (as far as practicable) the zone that applied before
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the land became housing supply land; or
- revoke a specific area plan or site-specific qualification that applies to
the land.
Under this clause, the Commission has a minimum of 14 days to make the
necessary amendment.
Clause 22 Correction by Commission of anomalies, or minor mistakes, in applicable
planning schemes
This clause enables the Commission to amend a planning scheme to correct
minor mistakes or anomalies that arise in giving effect to a direction from the
Minster under clause 19, 20 or 21. This includes amending an LPS to correct a
minor mistake or anomaly that arises due to a planning scheme transitioning to
the Tasmanian Planning Scheme after the making of a ‘housing land supply
order’.
Clause 23 Taking effect of, and notice of, amendment of planning scheme
This clause requires the Minister to give notice of an amendment to a planning
scheme as a result of a direction to the Commission under clause 19, 20, 21
or 22(3).
Under this clause, the Commission must notify the Minister of the making of
the amendment. The Minister must then notify the interested persons under
clause 11 and publish a notice in the Tasmanian Government Gazette and in a
newspaper that is published and circulates generally in Tasmania notifying the
making of the amendment and the date it commences.
Clause 24 Amendment in compliance with direction not to be taken to contravene Act,
planning scheme, &c.
This clause clarifies the effect of an amendment to a planning scheme as a
result of a direction from the Minister under clauses 19, 20, 21 or 22 of the
Bill.
This clause ensures that the amendment is valid despite any requirement in
LUPAA to the contrary. It also ensures that a use or development in
accordance with the amended planning scheme does not contravene section
63 of LUPAA.
Clause 25 Applicable planning scheme not to be amended so as to alter amendments
made under this Act
This clause prevents a zone assigned to an area of land under a ‘housing land
supply order’ being altered without the permission of the Minister unless the
amendment is required to subdivide the area of land.
This clause also prevents an amendment to a planning scheme that would
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change the effect of a ‘housing land supply order’ unless the amendment:
- is approved by the Minister:
- occurs through the provisions of the Bill;
- involves a minor change to an LPS or an interim planning scheme to
correct an error, anomaly or inconsistency that does not warrant
public exhibition;
- is an urgent amendment to an interim planning scheme to correct an
error, anomaly or inconsistency that does not warrant public
exhibition.
Once an area of land ceases to be housing supply land, this clause enables that
land to be considered for rezoning under the normal LUPAA land use
planning assessment processes.
Clause 26 Calculation of periods
This clause clarifies that statutory holidays are not counted when calculating
time periods under the Bill.
Clause 27 Regulations
This clause provides a power for the Governor to make regulations for the
purposes of the Bill. This includes a power to make regulations to provide for
savings and transitional matters under the Bill.
Clause 28 Administration of Act
This clause assigns responsibility for the Bill to the Minister for Planning and the
Department of Justice.
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