Tasmanian Bills Clause Notes Tasmanian Bills Clause Notes[Index] [Search] [Download] [Bill] [Help]
CLAUSE NOTES
LAND USE PLANNING AND APPROVALS AMENDMENT (STATE
AND REGIONAL STRATEGIES) BILL 2009
Clause1: Short Title
This clause provides for the short title when citing the Act for legal purposes.
Clause 2: Commencement
This clause provides for the commencement of the Act on a day or days to be
proclaimed.
Clause 3: Principal Act
This clause provides for the Land Use Planning and Approvals Act 1993 to be referred
to as the Principal Act.
Clause 4: amended (Interpretation)
This clause defines `Commission', `interim planning scheme', `planning directive',
`regional area', `Regional Corporation', `regional land use strategy' `representation'
and `special permit'.
The clause extends the definition of a `planning scheme' to include `interim planning
schemes' and planning schemes which result from the interim planning scheme
assessment process.
The Minister will specify by notice a `regional area' which will comprise various
municipal areas in accordance with s.30C(3).
A `special permit' is a permit issued by a Development Assessment Panel in respect
to a Project of Regional Significance.
Clause 5: Section 20 amended (What can a planning scheme provide
for ?)
This clause simply gives the same standing to a development with a `special permit' as
currently exists for a development with a `ordinary permit'.
Clause 6: Part 3, Division 1A inserted
Division 1A-Regional Land Use Strategies and Interim Planning Schemes
This clause provides for the inclusion of a new Division in the State planning
legislation and provides for the introduction and assessment of Interim Planning
Schemes based on regional land use strategies.
Section 30A Purpose of Division
This Section details the fundamental purpose of the Division of ensuring that there is
greater consistency between planning schemes within regional areas and within the
State.
Section 30B Interpretation Division 1A
This Section defines various `key' terms associated with Interim Planning Schemes
and planning schemes approved under this Division.
Section 30C Regional areas and regional planning strategies
This Section provides for the Minister to specify municipal areas that will comprise a
`regional area' and for the Minister to declare a regional land use strategy for each
regional area.
Section 30D Interim planning schemes to be provided to Minister
This Section provides for the Minister to receive a draft Interim Planning Scheme
from a council. The Section also provides for the Minister to request that a draft
Interim Planning Scheme be prepared by a council. The Section provides for the
Minister to require the Tasmanian Planning Commission to prepare a draft Interim
Planning Scheme in particular circumstances.
Section 30E Contents of interim planning schemes
This Section details provisions that must or may be included in interim planning
schemes. In particular the Section requires that a draft Interim Planning Scheme is to
be consistent with and likely to further the objectives of the regional land use
strategy for the regional area.
Section 30F Declaration of interim planning scheme
This Section provides for the Minister to declare a draft Interim Planning Scheme to
be an Interim Planning Scheme and details notification requirements, the status of
the Interim Planning Schemes and any current development application.
Section 30G Notice of declaration of scheme or decision not to declare
scheme
This Section details notification requirements following the decision of the Minister
to declare or not declare an Interim Planning Scheme.
Section 30H Notification and public exhibition of interim planning
schemes
This Section details the notification and public exhibition requirements (including
timeframes) for Interim Planning Schemes.
Section 30I Representations in relation to interim planning schemes
This Section provides for public representations and associated administrative
requirements in relation to Interim Planning Schemes.
Section 30J Report to be provided to Commission
This Section outlines procedures (including timeframes) associated with the
preparation and content of a (Council) report required to be provided to the
Commission following the public exhibition and receipt of representations in relation
to Interim Planning Schemes.
Section 30K Commission to consider scheme and representations and
must hold hearings
This Section details the circumstances under which the Commission is required to
hold hearings. The Section requires the Commission to hold hearings in relation to
representations made on Interim Planning Schemes and details relevant matters to
be considered.
Section 30L Commission to report to Minister about common provisions
This Section requires the Commission to provide a report to the Minister in relation
to the common provisions of the Interim Planning Scheme once public hearings have
been completed. The Section also details what the report is to contain and requires
the Minister to consider whether any amendments need to be made to the common
provisions and the planning directive be modified accordingly.
Section 30M Modification of Interim Planning Scheme
This Section provides the Commission with the necessary authority to require
councils to amend Interim Planning Schemes following the Commission's assessment.
The Section also details limitations as to modifications that can be made to interim
planning schemes
Section 30N Commission may make planning schemes
This Section provides for the Commission (with the approval of the Minister) to
approve Interim Planning Schemes as (regular) planning schemes and details
notification requirements.
The Section also provides for the revocation of the relevant Interim Planning Scheme
and clarifies the status of any ordinary permit made under the Interim Planning
Scheme.
Section 30O Amendments under Divisions 2 and 2A of planning schemes
made under Section 30N
This Section requires that an amendment to a local provision of a planning scheme
that has come into operation through the Interim Planning Scheme process must not
be inconsistent with the common provisions and the Land Use Strategy in the
Regional Area.
The Section also requires that any amendment made to the common provisions of a
planning scheme is to be (generally) made through the `planning directive' process.
Section 30P Application for dispensation from application of local
provision of interim planning scheme
This Section provides for an application to be made to the Commission for an
amendment (dispensation) to a local provision of an Interim Planning Scheme during
the period the Commission is conducting the assessment of the Interim Planning
Scheme.
Section 30Q Process for consideration of dispensation
This Section outlines the process for the consideration of an
amendment(dispensation) during the period the Commission is conducting the
assessment of the Interim Planning Scheme. The Section specifically details time-
frames and requires the Commission to reject an application for a dispensation
should the relevant council recommend rejection.
Section 30R Grant and revocation of dispensations
This Section provides for the matters that must be considered by the Commission in
the assessment of a dispensation and clarifies the status of a dispensation that has
been granted insofar as it relates to an Interim Planning Scheme as it is being
assessed and after it has been made a planning scheme.
Clause 7: Section 48AA inserted
48AA Enforcement of special permits
This clause places the obligation on the relevant planning authority to enforce the
conditions or restrictions in a special permit issued in respect of a Project of
Regional Significance.
Clause 8: Section 54 amended (Additional information)
This clause clarifies when the statutory time period recommences when the Appeal
Tribunal found that the planning authority ought to have been satisfied with the
information previously received.
Clause 9: Section 59 amended (Failure to determine an application for
a permit)
This clause removes the obligation for a council to pay the costs of parties to a
planning appeal in circumstances where a council has made a decision within the
statutory timeline but at a subsequent appeal the Resource Management and
Planning Appeal Tribunal deems that the decision was not valid. The application for
costs is not intended to apply where there is a demonstrable intent by a council to
carry out its functions in good faith.
Clause 10: Section 60A amended (Permit for certain works not
required)
This clause excludes certain works and activities approved under the Water
Management Act 1999 from requiring a special permit.
Clause 11: Part 4, Division 2A inserted
Division 2A- Special Permits for Projects of Regional Significance
This clause provides for the inclusion of a new Division in the state planning
legislation and provides for the introduction of and assessment of Projects of
Regional Significance.
Section 60B Interpretation: Division 2A
This Section defines various `key' terms associated with Projects of Regional
Significance and the associated assessment process.
Section 60C Projects eligible to be declared Projects of Regional
Significance
This Section details the criteria the Minister is required to consider before declaring
a project to be a Project of Regional Significance.
The Section also details obligations of the Minister in relation to owners of land on
which Projects of Regional Significance might be declared.
The Section prevents the Minister from declaring a use or development that is
`prohibited' under an Interim Planning Scheme in force or after it has been made a
planning scheme to be a Project of Regional Significance.
Section 60D Proposals that projects be declared Projects of Regional
Significance
This Section provides for applications to be made to the Minister for a project to be
declared a Project of Regional Significance. The Section details notification
requirements and limits a council to proposing a Project of Regional Significance to
projects that are situated entirely or partly in its municipal area.
Section 60E Effect of proposal on application for ordinary permits
This Section clarifies the status of an application for an ordinary permit (to a planning
authority) in relation a project that is subsequently being considered by the Minister
to be declared a Project of Regional Significance.
Section 60F Statement of intent and other information
This Section details the supporting information that is necessary to be provided by a
proponent to the Minister in relation to a Project of Regional Significance.
Section 60G Declaration of Project of Regional Significance
This Section provides for the Minister (14 days) to declare a project to be a Project
of Regional Significance or not and details the notification requirements of the
Minister's decision.
The Section enables the preparation of guidelines which the Minister is to have
regard in determining whether to declare a project to be a Project of Regional
Significance.
SECTION 60H Effect of declaration of Project of Regional Significance
This Section details provisions of the planning legislation that are no longer applicable
to the assessment of the `declared' project and also attends to the situation where
an application for ordinary permit might have previously been made in respect to the
project.
Section 60I Fees
This Section provides for fees to be set by regulation for the assessment of a Project
of Regional Significance. The Section also provides for an application to be made to
the Commission for review of the amount of fee paid following the Panels decision.
Section 60J Revocation of declaration
This Section provides for the revocation of a Project of Regional Significance by the
Minister and details notification requirements.
Section 60K Project to be referred to Director of Environment
Protection Authority
This Section requires the Minister to forward a `declared' project to the EPA
Director for the Director to determine if an environmental impact assessment is to
be undertaken by the EPA Board.
The Section requires the Director to respond within set time-frames and for the
Minister to notify the Panel (once established) of the decision of the EPA Director.
Section 60L Environmental impact assessment by EPA Board
This Section provides for the EPA Board to carry out an environmental impact
assessment in accordance with the Environmental Impact Assessment Principles
specified in the EMPC Act.
The Section also aligns Projects of Regional Significance assessment with the
environmental impact assessment as a consequence of Projects of Regional
Significance being assessed by the Panel rather than a planning authority. The
Section also deems a number of terms used under this Division to be the same as
terms used in EPMCA to ensure that both assessment processes align.
The Section details administrative procedures required of the EPA Board leading to
its decision; provides for conditions to be placed on the special permit and provides
for the EPA Board to direct the Panel to refuse the special permit.
Section 60M Development Assessment Panel to be established for
assessment of project
This Section requires the Commission to establish a Development Assessment Panel
as soon as practicable after the Minister has declared a project to be a Project of
Regional Significance. The Section also prescribes the composition of the Panel and
details qualifications of Panel members.
Section 60N Panel to determine guidelines for how assessment is to be
made
This Section requires the Panel to determine assessment guidelines in respect of the
project. The Section details matters to be addressed by the Panel in the
determination of the assessment guidelines including the role of the EPA Board.
The Section also requires the `giving of notice' of the guidelines.
Section 60O Project impact statements to be provided to Panel
This Section requires the preparation of a project impact statement by the
proponent following the determination of the guidelines by the Panel. The Section
also details the content of the project impact statement required by the Panel;
includes time-frames and (if necessary) provides for project impact statement to be
forwarded the EPA Board.
Section 60P Panel may request information to be provided
This Section provides for the Panel to request additional information to assist it with
its decision whether to grant a permit and under what conditions or restrictions.
Section 60Q Notification and exhibition of project
This Section provides for the public notification and exhibition of the Project of
Regional Significance including any assessment guidelines and the project impact
statement.
The Section also provides for the making of representations to the Panel in relation
to the project.
Section 60R Notification and hearings in relation to project
This Section details specific notification requirements to be undertaken by the Panel.
The Section provides for the holding of hearings.
Section 60S When decision about grant of special permit is to be made
This Section requires the Panel to make a decision in relation to a project with
specified time-frames.
Section 60T Grant of special permit
This Section provides for the Panel to grant or refuse to grant a special permit in
relation to a Project of Regional Significance. The Section details those matters that
the Panel must take into account in reaching its decision.
Section 60U Permit may be granted subject to conditions or restrictions
This Section provides for the Panel to grant a special permit subject to conditions or
restrictions in respect to a Project of Regional Significance.
The Section requires that conditions or restrictions specified by the EPA Board must
be imposed on the special permit.
The Section also provides the notification of conditions and restrictions and for the
making of agreements that may be included in the special permit.
Section 60V Process for determining conditions or restrictions to be
imposed on special permits
This Section requires the Panel to consider representations made following the
public exhibition of the project in deciding whether to impose any conditions or
restrictions on special permit.
The Section provides for relevant parties to be notified of the Panel's conditions or
restrictions and for those parties to lodge an objection with the Panel in relation to
conditions or restrictions.
The Section details specific procedures required of the Panel if an objection is in
relation to conditions or restrictions required of the EPA Board.
Section 60W When special permit takes effect
This Section details when a special permit takes effect. The Section places a time-
limit on the `life' of the permit but provides for extensions to the permit in particular
circumstances with the approval of the Commission.
Section 60X Amendment, revocation and correction of special permits
This Section provides for the Commission to amend a condition or restriction on a
special permit and details the circumstances and administrative process associated
with the consideration of any amendment.
Section 60Y Amendment of planning schemes, &c.
This Section requires an amendment to be made to the relevant planning scheme
following the granting of a special permit so as to remove any inconsistency between
the permit and the planning scheme.
Clause 12: Section 63 amended (Obstruction of sealed schemes)
This amended Section provides for it to be an offence to breach any condition or
restriction on a special permit and provides for possible penalties.
Clause 13: Section 77 amended (Agreement may not breach planning
permit)
This amendment requires that an `agreement' is not to provide for anything to be
done that would contravene or not comply with (among other planning instruments)
a special permit.
Clause 14: Section 82 amended (Evidentiary provision)
This amendment provides for the addition of a special permit to be added to the list
of planning instruments that might be required to be provided to a court or tribunal.
Clause15: Section 83 amended (Planning Schemes, &c., to be judicially
noticed)
This amendment provides for the addition of a special permit to be added to the list
of planning instruments that constitute a public document for the purposes of judicial
notice.