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CLAUSE NOTES
Land Use Planning and Approvals Amendment (Transitional Provisions) Bill 2017
Clause 1 The short title of the Bill
Clause 2 Provides for the Act to be commenced upon receiving Royal Assent.
Clause 3 Identifies the Principal Act as the Land Use Planning and Approvals Act 1993
Clause 4 Amends Schedule 6 of the Principal Act
Inserts provisions into Clause 8(1) of Schedule 6 to provide for the automatic
transitioning of any urgent amendments made to planning schemes since the
commencement of the Land Use Planning and Approvals Amendment
(Tasmanian Planning Scheme) Act 2015, but distinguishes those from other
amendments that are covered under clause 8A.
8A Provides for the Minister to exercise discretion to allow for transitioning of
any specific area plans, particular purpose zones, or site specific qualifications
amended or introduced into planning schemes since the commencement of
the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme)
Act.
8B Provides for the Tasmanian Planning Commission (the Commission) to alter
or modify amendments to planning schemes that are transitioned across in
accordance with the existing Act (clauses 4(2)(b) and 5(2)(c)) so that they
reflect the terminology, numbering or structure used in the State Planning
Provisions (SPPs) or the Local Provision Schedules (LPSs), or to achieve the
intended effect by the relevant amendment.
Also provides for the Commission to direct the planning authority to make
the alterations to a draft amendment.
8C Provides for the Commission to alter or modify amendments to specific area
plans, particular purpose zones, and site specific qualifications that were in
planning schemes at the commencement date, in accordance with the
existing transitional arrangements in the Act. This will ensure that these
provisions operate appropriately in the new LPS.
8D Provides for the transitional arrangements to also include maps, overlays, lists,
or other provisions that apply certain codes in planning schemes at the time
of commencement of the Land Use Planning and Approvals Amendment
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(Tasmanian Planning Scheme) Act, unless the Minister declares that the
transition should not apply.
Provides for the Commission to alter or modify those maps, overlays, lists, or
other provisions to ensure they operate appropriately in the LPS.
Clause 5 Provides that the Amendment Act is repealed 365 days after the day on
which all the provisions of the Act commence.
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