Amendment to the State Coastal Policy 1996 - Development on Actively Mobile Landforms
What is this about?
This project is proposing to amend the State Coastal Policy 1996 (SCP) to allow consideration of appropriate development to occur on actively mobile landforms.
Who is involved?
The State Planning Office on behalf of the Premier released a position paper for public comment. 135 submissions were received that have informed the preparation of draft amendment 01-25 to the SCP.
The Premier has provided written direction to the Tasmanian Planning Commission (the Commission) to commence its initial consideration of the draft amendment. The Premier may recommend that the Governor makes an amended policy an Interim State Policy.
A State Policy does not become effective unless it has been approved by both Houses of Parliament.
How long will it take?
It is anticipated the amendment process will take approximately 12 months.
Background
The government has identified an issue with Outcome 1.4.2 of the State Coastal Policy (SCP) which prohibits development and works on ‘actively mobile landforms’, except for engineering or remediation works to protect people, property and land.
Under the Land Use Planning and Approvals Act 1993 (LUPAA) the definition of development includes:
- construction, alteration or decoration of a building
- demolition or removal of a building, structure or works
- carrying out of works
- subdivision of land
- signs.
In addition, the term 'works‘ includes any change to the natural or existing condition or topography of land including the removal, destruction or lopping of trees and the removal of vegetation or topsoil.
Outcome 1.4.2 does not allow for development or works such as jetties, wharfs, removal of weeds, signs or even constructed pathways over dunes to be considered on ‘actively mobile landforms’. There is also no agreed position on what an ‘actively mobile landform’ is.
The amendment to the SCP seeks a more reasonable and less ambiguous policy response where works and development that have little or no impact, or that are dependent on being in that location, can be considered.
The government has prepared legislation to validate past planning approvals that may contravene Outcome 1.4.2. The validating legislation is a separate process to this proposed amendment to the State Coastal Policy.
The process for amending the SCP is established under section 15A of the State Polices and Project Act 1993. Section 15A also refers to section 12 that allows a draft amendment to a State Policy to become an Interim State Policy having immediate effect if approved by the Governor.
Further information:
Life Cycle
Project updates, key documents and dates are outlined below.
Have your say - Position paper, Status: Complete
State Planning Office
This consultation is closed.
The State Planning Office sought comment on the Position Paper - review of the State Coastal Policy - Development on Actively Mobile Landforms.
The consultation was open from 9 September until 21 October 2024.
Featured document
Position Paper submissions received, Status: Complete
A total of 135 submissions were made during the public consultation on the Position Paper - review of the State Coastal Policy - Development on Actively Mobile Landforms, as listed below.
Report on consultation, Status: Complete
Report on consultation
The Report on Consultation on the Review of the State Coastal Policy - Development of Actively Mobile Landforms Position Paper (the Report on Consultation) has been published. The report analyses the submissions received and provides justification for the proposed amendment to the SCP.
Preparation of draft amendment, Status: Complete
Submissions have informed the preparation of draft amendment 01-25 to the State Coastal Policy.
Draft amendment to the Commission for advice , Status: Complete
The Minister has provided the Tasmanian Planning Commission (the Commission) with the draft amendment, and a written direction to advise the Minister if it considers the draft amendment represents a significant change to the State Coastal Policy.
Further information can be found on the Commission's website.
Commission assesses draft amendment, Status: Not started
Tasmanian Planning Commission
The Commission has advised that the draft amendment represents a significant change to the SCP. An additional Ministerial Direction will be provided to the Commission directing it to undertake an assessment of the draft amendment.
The Commission's assessment includes the public exhibition of the draft amendment, receipt of representations, public hearings and the preparation of a recommendation report to the Minister.
Further information can be found on the Commission's website.
Interim State Policy, Status: Not started
While the draft amendment is on exhibition, the Minister may recommend that the Governor make the draft amendment an Interim State Policy. Where this occurs, the Commission continues its assessment of the draft amendment to the SCP.
Notification of a draft amendment declared as an Interim State Policy by Her Excellency is required to be published in the Gazette.
Commission completes assessment, Status: Not started
Tasmanian Planning Commission
The Commission considers matters raised during the exhibition period and public hearings and provides a report on the draft amendment to the Minister.
Making the amended policy, Status: Not started
Tasmanian Parliament
The Minister determines whether to recommend that the Governor makes the amended State Coastal Policy.
If the Governor makes the amended Policy, it does not come into effect until it has been approved by both Houses of Parliament. The Interim State Policy ceases to operate after twelve months or when the amended Policy becomes operational.