LUPAA (Miscellaneous Amendments) Bill 2026

What is this about?

The State Planning Office (SPO) is seeking public input on the draft Land Use Planning and Approvals (Miscellaneous Amendments) Bill 2026 (the draft Bill).

The draft Bill proposes amendments to the Land Use Planning and Approvals Act 1993 (LUPA Act) and the Local Government (Building and Miscellaneous Provisions) Act 1993 (LGBMP Act).

The proposed amendments broaden the scope for making State Planning Provisions (SPPs) amendments and introduce fairer processes for Local Provisions Schedules (LPS) and LPS amendment assessments, specifically for when the Tasmanian Planning Policies (TPPs) and new regional land use strategies (RLUSs) come into effect. It also clarifies the development application assessment timeframes and the management of long-term leases in the planning system for renewable energy and other utility infrastructure.

What is not included?

The draft Bill does not change the planning scheme rules that development applications are assessed against.

Who is involved?

The SPO is the lead agency in the project. Parliament makes the final decision on changes to legislation.

How long will it take?

The aim is to lodge a draft Bill with Parliament in the winter 2026 session, after the public consultation ends and all submissions received have been carefully considered.

Background

The amendments proposed by the draft Bill are a result of issues identified by councils, the Local Government Association of Tasmania (LGAT) and the SPO.

The amendments are considered necessary to improve clarity and processes delivered by the LUPA Act and the LGBMP Act. They are not considered to significantly alter the existing policy setting of the provisions being amended.
The draft Bill proposes to:

• allow the SPPs of the Tasmanian Planning Scheme (TPS) to include maps, such as statewide overlay maps;
• broaden the scope for making ‘interim SPPs amendments’ under section 30NB of the LUPA Act on advice from the Tasmanian Planning Commission (the Commission);
• clarify the LPS criteria in section 34 of the LUPA Act in relation to the application of the TPPs;
• include a fairer process for the assessment of draft LPSs and LPS amendments when a new or amended RLUS is declared;
• include a fairer process for the assessment of draft LPS amendments when the TPPs become effective on 1 July 2026;
• clarify the process and timeframes for councils to give notice to an applicant when a request for additional information on a development application has been satisfied and when the assessment ‘clock’ recommences;
• clarify the development application assessment timeframes when council offices are closed between Christmas and New Year; and
• modify the definition of ‘subdivision’ in the LGBMP Act to exclude a long-term lease relating to renewable energy infrastructure or other utility infrastructure from being considered a subdivision.