SPP minor amendment 02/2026 - Safeguarding Airport Code for Commonwealth regulations
What is this about?
This draft minor amendment proposes to fix differences between the State Planning Provisions (SPPs) Safeguarding Airports Code and Commonwealth laws about buildings and structures that extend into protected airspace around airports (airport obstacle limitation surfaces). The draft amendment will update the State Planning Provisions (SPPs) so they are consistent with the Airports Act 1996 (Commonwealth) and recent changes to the Airports (Protection of Airspace) Regulations 2026 (Commonwealth). The changes to the Commonwealth laws only affect Commonwealth operated airports. In Tasmania these are Hobart Airport and Launceston Airport.
The proposed SPPs amendment will clarify:
- when approval for development that extends above an obstacle limitation surface can be given by either the airport operator or the Commonwealth Government , and
- which developments that extend above an obstacle limitation surface are not considered a ‘controlled action’ under the Airports Act 1996 (Commonwealth).
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).
Proposed amendment 02/2026 of the SPPs will apply in council areas where the Tasmanian Planning Scheme is in effect. However, the changes to the SPPs Safeguarding Airports Code will only affect development in areas around Hobart Airport and Launceston Airport where protected airspace already exists. In other parts of Tasmania, the amendment will have no practical impact.
Who is involved?
The State Planning Office prepares the amendment for the Minister. Local councils and relevant State agencies and authorities are consulted during preparation of the draft amendment. The Tasmanian Planning Commission advises the Minister whether the minor amendment criteria are met. After considering the advice, the Minister makes the final decision.
Timeframe
The draft amendment 02/2026 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 in accordance with LUPAA 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 Commission's website.
Background
The draft SPPs amendment has been identified through discussions with affected Councils and Commonwealth airport operators.
With the updated Commonwealth Airports (Protection of Airspace) Regulations 2026, the SPPs need updating so they are consistent with the new streamlined approvals pathways in Commonwealth law. The changes to the Commonwealth laws only affect Commonwealth operated airports. In Tasmania these are Hobart Airport and Launceston Airport.
More information about the steps involved are in the drop-down boxes below.
Lifecycle
Project updates, key documents and dates are outlined below.
Minister issues Terms of Reference, Status: Current
The Minister for Planning has issued terms of reference for amendment 02/2026 of the State Planning Provisions (SPPs), proposed as a minor amendment of the SPPs.
Draft amendment prepared, Status: Not started
Draft amendment 02/2026 will make necessary amendments of the SPPs to recognise:
- when approvals can be made by either the Commonwealth or the airport operator regarding development that extends above an obstacle limitation surface, and
- those matters that are not intended to be a ‘controlled action’ under the Airports Act 1996 (Commonwealth) in relation to development that extends above an obstacle limitation surface.
The Tasmanian Planning Commission (Commission) must give the Minister advice on whether draft amendment 02/2026 meets the criteria for a minor amendment of the SPPs under the Land Use Planning and Approvals Act 1993 (LUPA A) 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 02/2026 meets the criteria for a minor amendment of the SPPs under LUPAA the Minister will determine whether to make amendment 02/2026 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 the Commission's website.
Minister makes the SPP amendment, Status: Not started
After considering the Commission’s advice on whether draft amendment 02/2026 meets the criteria for a minor amendment of the SPPs under LUPAA, the Minister determines whether or not to make amendment 02/2026 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 the Commission's website.