SPP Minor Amendment 02-2023 - Correct errors and inconsistencies
What is this about?
This draft SPP amendment is related to the SPPs Review. As part of that Review, an Action Group 1 project has commenced preparing batches of SPPs amendments to address stand-alone or well resolved issues such as operational matters and clarifying and improving requirements.
This draft amendment 02/2023 will make any necessary amendments of the SPPs to:
- correct various clerical errors in the SPPs; and
- remove inconsistencies between the SPPs and other legislation.
This draft amendment is proposed to follow the process for a minor amendment of the SPPs under the Land Use Planning and Approvals Act 1993 (LUPAA).
The proposed amendment 02/2023 of the SPPs will apply in council areas where the Tasmanian Planning Scheme is in effect.
Who is involved?
The SPO has the lead role and consults with councils directly.
How long will it take?
The draft amendment 02/2023 is proposed to follow the process for a minor amendment of the SPPs. A draft amendment to the SPPs that meets the minor amendment criteria does not require public exhibition, so it takes less time to complete than a normal amendment of the SPPs.
More information on the preparation and assessment of draft SPPs amendments process under LUPAA is available in a flowchart on the Tasmanian Planning Commission website.
Background
The draft amendment 02/2023 is part of progressing the SPPs Review Action Group 1 project.
The SPPs are the statewide set of consistent planning rules in the Tasmanian Planning Scheme (TPS). The SPPs came into effect on 2 March 2017.
A comprehensive review of the SPPs commenced in March 2022 as part of the 5-yearly statutory review required under the LUPA Act. The scoping consultation for the SPPs Review identified a variety of strategic and technical issues for investigation through 163 submissions.
The SPPs Review work program categorises issues into Action Groups and projects for preparation of SPPs amendments or for issues that require further investigation.
The Action Group 1 project has commenced preparing batches of SPPs amendments to address stand-alone or well resolved issues such as operational matters and clarifying and improving requirements. This draft amendment to the SPPs has been identified as part of the Action Group 1 project, to correct a number of clerical errors and inconsistencies, clarify the requirements, and align with changes to legislation in response to submissions by stakeholders, including local councils, State agencies and authorities, and others involved in the operation of the SPPs.
Lifecycle
Project updates, key documents and dates are outlined below.
Minister issues Terms of Reference, Status: Complete
The Minister for Planning has issued terms of reference for amendment 02/2023 of the State Planning Provisions (SPPs), proposed as a minor amendment of the SPPs.
More information on the preparation and assessment of draft SPPs amendments process under LUPAA is available in a flowchart on the Commission's website.
Draft amendment prepared, Status: Complete
Draft amendment 02/2023 will make any necessary amendments of the SPPs to:
- correct various clerical errors in the SPPs; and
- remove inconsistencies between the SPPs and other legislation.
The Tasmanian Planning Commission (Commission) must give the Minister advice on whether draft amendment 02/2023 meets the criteria for a minor amendment of the SPPs under the Land Use Planning and Approvals Act 1993 (LUPAA) before a minor amendment of the SPPs can be made.
A draft amendment to the SPPs that meets the minor amendment criteria does not require public exhibition.
After considering the Commission’s advice on whether draft amendment 02/2023 meets the criteria for a minor amendment of the SPPs under the Land Use Planning and Approvals Act 1993 (LUPAA) the Minister will determine whether to make amendment 02/2023 as a minor amendment of the SPPs.
Minister makes the SPP amendment, Status: Complete
After considering the Commission’s advice on whether draft amendment 02/2023 meets the criteria for a minor amendment of the SPPs under the Land Use Planning and Approvals Act 1993 (LUPAA) the Minister will determine whether or not to make amendment 02/2023 as a minor amendment of the SPPs.
More information on the preparation and assessment of draft SPPs amendments process under LUPA is available in a flowchart on this website.
After considering the Commission’s advice, the Minister has determined to make amendment 02/2023 as a minor amendment of the SPPs, in accordance with the Terms of Reference.
The minor amendment 02/2023 of the SPPs came into effect on 26 June 2024. The amendment applies in council areas where the Tasmanian Planning Scheme is in effect.
The Minister’s reasons for determining to make the minor amendment are available below.
The Commission’s advice and reasons are available on the Tasmanian Planning Commission website via the link below.
Key documents
- amendment 02/2023 of the SPPs ((PDF 144.9 KB))
- Minister’s reasons ((PDF 450.9 KB)) for determining to make minor amendment 02/2023 of the SPPs
- Commission’s advice on amendment 02/2023 of the SPPs