Important amendments to the Land Use Planning and Approvals Act 1993 (LUPA Act) will come into effect on Wednesday 14th July as a consequence of the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme Modification) Bill 2021 passing through both Houses of Parliament.
The amendments assist the implementation of the single statewide planning scheme (the Tasmanian Planning Scheme). They are in response to recommendations from the Tasmanian Planning Commission (the Commission) and councils to support a smoother transition to the Tasmanian Planning Scheme.
The Tasmanian Planning Scheme is being rolled out across the State as the Local Provisions Schedule for each municipality is approved by the independent Commission.
The Amendments
The Bill amends the LUPA Act to:
- improve processes for making amendments to the State Planning Provisions in the Tasmanian Planning Scheme, specifically minor amendments and a new process for making interim amendments
- improve processes for finalising Local Provisions Schedules (LPSs) and the implementation of the Tasmanian Planning Scheme across the State, specifically a revised process for managing substantial modifications and enabling the inclusion of approved interim planning scheme amendments
- create a fairer process for determining development applications during the transition to the Tasmanian Planning Scheme, meaning that a development application is assessed against the planning requirements at the time of lodgement, instead of the date of the decision
- enable the previously approved Interim Planning Directive No.4 to be issued as a planning directive, to allow for the implementation of some already approved parts of the State Planning Provisions through current interim planning schemes, without requiring the normal assessment process.
The changes to the LUPA Act are both technical and legal in nature. The following information and FAQs will assist in explaining the changes, but if you are concerned about their impacts on a development application you have lodged or thinking about lodging, seek advice from your local council.
More information
A detailed Information Pack is available providing a summary of the amendments to the LUPA Act:
A comprehensive Briefing Pack on the Bill was prepared to assist with briefing both Houses of Parliament, including a Consultation Report summarising the submissions and responses:
