Tasmania: Land Use Planning and Approvals Act 1993 (Tas)

Land Use Planning and Approvals Act 1993 An Act to make provision for land use planning and approvals [Royal Assent 9 November 1993] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Land Use Planning and Approvals Act 1993 . 2. Commencement The provisions of this Act commence on a day or days to be proclaimed. 3. Interpretation (1) In this Act, unless the contrary intention appears – accredited person means a person accredited or approved for the purposes of this Act under – (a) the Fire Service Act 1979 ; or (b) any other prescribed legislation; agreement means an agreement entered into under Part 5 ; amendment of an LPS means an amendment, of an LPS, that is approved under section 40Q ; amendment of the SPPs means an amendment, of the SPPs, that is made under section 30P , section 30NA(6) or section 30NB(3) ; Appeal Tribunal means the Tasmanian Civil and Administrative Tribunal; authorised officer means a person who, under section 65I , is, or is authorised to be, an authorised officer; building includes – (a) a structure and part of a building or structure; and (b) fences, walls, out-buildings, service installations and other appurtenances of a building; and (c) a boat or a pontoon which is permanently moored or fixed to land; bushfire hazard management plan means a plan showing means of protection from bushfires in a form approved in writing by the Chief Officer; certifiable scheme or order means a planning scheme prescribed for the purposes of section 50A ; certifiable permitted use or development means a use, or development, that is prescribed for the purposes of section 50A ; Chief Officer means the person appointed as Chief Officer under section 10 of the Fire Service Act 1979 ; Commission means the Tasmanian Planning Commission established under the Tasmanian Planning Commission Act 1997 ; conservation includes preservation, maintenance, sustainable use and restoration of the natural and cultural environment; council has the same meaning as in the Local Government Act 1993 ; development includes – (a) the construction, exterior alteration or exterior decoration of a building; and (b) the demolition or removal of a building or works; and (c) the construction or carrying out of works; and (d) the subdivision or consolidation of land, including buildings or airspace; and (e) the placing or relocation of a building or works on land; and (f) the construction or putting up for display of signs or hoardings – but does not include any development of a class or description, including a class or description mentioned in paragraphs (a) to (f) , prescribed by the regulations for the purposes of this definition; discretionary permit means a permit to which section 57 applies or to which, but for section 40Y(5) , section 57 would apply; dispensation means a dispensation granted under this Act; Executive Commissioner means the person from time to time holding that office under the Tasmanian Planning Commission Act 1997 ; general manager, in relation to a council, means a person who is appointed under section 61 of the Local Government Act 1993 as the general manager of the council; land includes – (a) buildings and other structures permanently fixed to land; and (b) land covered with water; and (c) water covering land; and (d) any estate, interest, easement, servitude, privilege or right in or over land; Local Provisions Schedule means a Local Provisions Schedule that is in effect under section 35M(3) and includes such a Schedule as amended, if at all, by an amendment of an LPS that is in effect under section 40S(1) ; LPS means a Local Provisions Schedule; LPS criteria means the matters specified in section 34 ; major project has the meaning it has in section 60B ; major project permit means a major project permit granted under section 60ZZM ; modification includes elaboration, enlargement, alteration and substitution; municipal area includes a part of a municipal area; municipal district means a municipal area; municipality means a council; owner means – (a) in the case of a fee simple estate in land, the person in whom that estate vested; or (b) in the case of land not registered under the Land Titles Act 1980 and subject to a mortgage, the person having, for the time being, the equity of redemption in that mortgage; or (c) in the case of land held under a tenancy for life, the person who is the life tenant; or (d) in the case of land held under a lease for a term of not less than 99 years or for a term of not less than such other prescribed period, the person who is the lessee of the land; or (e) in the case of land in respect of which a person has a prescribed interest, that person; or (f) in the case of Crown land within the meaning of the Crown Lands Act 1976 , the Crown in right of the State of Tasmania – but does not include the holder of an interest in land other than the Crown in right of Tasmania if the interest of the holder cannot reasonably be discovered by a search of the Register, within the meaning of the Land Titles Act 1980 , or a search conducted at the Registry, within the meaning of the Registration of Deeds Act 1935 . permit means any permit, approval or consent required by a planning scheme to be issued or given by a municipality in respect of the use or development of any land; permitted use or development certificate means a certificate, issued under section 50B , that is in force; person includes a department, or other agency of Government of the State or the Commonwealth and an authority of the State or the Commonwealth; planning appeal means an appeal under section 61 ; planning authority means a council; planning certifier means a person to whom has been issued an authorisation, under section 80C , that is in force; planning compliance certificate means a planning compliance certificate, within the meaning of section 60ZE(1) , that has been issued under section 60ZD and is in force; planning scheme – see section 10(2)(a) ; regional area means an area specified in a notice under section 5A to be a regional area; regional land use strategy, in relation to a regional area, means the regional land use strategy declared under section 5A in relation to the area; relevant agency means – (a) a department or other agency of Government of the State or of the Commonwealth; or (b) an authority of the State or of the Commonwealth established for a public purpose; or (c) a person undertaking a function for the public benefit – declared by the regulations to be a relevant agency for the purposes of the provision in which the expression occurs or for the purposes of a matter prescribed in the regulations; representation, in relation to – (a) a draft of the SPPs or the TPPs, a draft amendment of the SPPs or the TPPs, a draft LPS or a draft amendment of an LPS; or (b) an application for a permit; or (c) a project in respect of which a major project permit may be granted – includes a written statement of facts or reasons in support of or in opposition to the draft, application or project; Special Local Provisions Schedule means a Special Local Provisions Schedule, approved under section 35Q(3) , that is in effect; Special LPS means a Special Local Provisions Schedule; special planning order means an order that was, at any time before the substitution of section 47 of this Act by the Tasmanian Planning Scheme Amendment Act, in operation under this Act; SPPs criteria means the matters specified in section 15 ; State authority means any body or authority, whether incorporated or not, that is – (a) established or constituted under a written law or under the royal prerogative; and (b) a body, or authority, which, or of which the governing authority, wholly or partly comprises a person, or persons, appointed by the Governor, a Minister or another State authority; State Policy means a Tasmanian Sustainable Development Policy made under section 11 , or that comes into operation under section 12 , of the State Policies and Projects Act 1993 ; Tasmanian Planning Policies means the Tasmanian Planning Policies made under section 12G(2) , as amended from time to time under that section as applied by section 12H(3) ; Tasmanian Planning Scheme – see section 9 ; Tasmanian Planning Scheme Amendment Act means the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015; the SPPs means the State Planning Provisions; the State Planning Provisions means the State Planning Provisions, made under section 27 , that are in effect under section 29(2) as part of the Tasmanian Planning Scheme, as those Provisions are amended, if at all, under Division 2 of Part 3 by an amendment of the State Planning Provisions that is in effect as part of the Tasmanian Planning Scheme under section 30R(2) ; the TPPs means the Tasmanian Planning Policies; use, in relation to land, includes the manner of utilising land but does not include the undertaking of development; water and sewerage certificate means a certificate issued under section 50D ; 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, but does not include forest practices, as defined in the Forest Practices Act 1985 , carried out in State forests. (2) Words and expressions used both in this Act and in the Local Government Act 1993 have in this Act, unless the contrary intention appears, the same respective meanings as they have in that Act. 4. Application of Act (1) This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. (2) Subject to subsection (3) , this Act applies to all parts of the State except such parts as may from time to time be prescribed in the regulations and, in particular, applies to land in Wellington Park, as defined in the Wellington Park Act 1993 . (3) Part 3 of this Act does not apply to public land, within the meaning of the Public Land (Administration and Forests) Act 1991 , that is the subject of a reference to the Commission. 5. Objectives to be furthered It is the obligation of any person on whom a function is imposed or a power is conferred under this Act to perform the function or exercise the power in such a manner as to further the objectives set out in Schedule 1 . 5A. Regional areas and regional land use strategies (1) The Minister, by notice in the Gazette, may specify the regional areas into which the State is divided for the purposes of this Act. (2) A notice under subsection (1) is to specify the municipal areas that are within a regional area specified in the notice. (3) The Minister, by notice in the Gazette, may declare a regional land use strategy for a regional area. (3A) The Minister, having received advice from the Commission, must not declare a regional land use strategy unless he or she is satisfied that it – (a) furthers the objectives set out in Schedule 1 ; and (b) is consistent with each State Policy; and (c) is consistent with the TPPs. (4) The Minister must consult with – (a) the Commission; and (b) the planning authorities; and (c) the State Service Agencies, and State authorities, as he or she thinks fit – before issuing a notice under subsection (3) . (5) A regional land use strategy may incorporate or refer to any document prepared, by a planning authority in respect of a municipal area to which the regional land use strategy relates, for the purposes of reflecting the application of the regional land use strategy to the municipal area. (6) The Minister must keep all regional land use strategies under regular and periodic review. (7) The Minister must, in reviewing a regional land use strategy under subsection (6) , consider whether the regional land use strategy – (a) furthers the objectives set out in Schedule 1 ; and (b) is consistent with each State Policy; and (c) is consistent with the TPPs. (8) The Minister must review all regional land use strategies as soon as practicable after making the TPPs, or an amendment of the TPPs, so as to determine whether the strategies are consistent with the TPPs, or the amendment, respectively. 6. Delegation (1) . . . . . . . . (2) . . . . . . . . (3) A planning authority may, by resolution, delegate any of its functions or powers under this Act other than this power of delegation to a person employed by the authority. (4) A delegation may be made either generally or as otherwise provided by the instrument of delegation. (5) Notwithstanding any delegation, a planning authority may continue to perform or exercise all or any of the functions or powers delegated. (6) A function or power performed or exercised by a delegate has the same effect as if performed or exercised by a planning authority. 7. Application of Tasmanian Planning Scheme, and exercise by municipalities of powers, in respect of accretions from sea, &c. A planning scheme and the Tasmanian Planning Scheme may apply to, and a municipality may exercise its powers under this Act in respect of– (a) any accretion from the sea, whether natural or unnatural, adjoining its municipal district; and (b) any part of the sea-shore to the low-water mark adjoining its municipal district; and (c) all bridges, jetties, wharves, boat-houses and other structures partly within its municipal district and partly in or over the sea adjacent to its municipal district; and (d) any area of the sea directly adjoining its municipal district in, on, over or under which any use or development is related to, or affects, the use of any adjacent land, subject to section 11(3)(c) and (d) . 8. Functions of Commission The functions of the Commission under this Act are to – (a) when required to do so under this Act, prepare draft SPPs, draft Special LPSs, draft LPSs, draft amendments of the SPPs and draft amendments of LPSs and conduct public exhibition, and prepare reports, in relation to such drafts; and (ab) conduct reviews of the SPPs, the TPPs and the LPSs, when required to do so under this Act; and (ac) approve Local Provisions Schedules, Special Local Provisions Schedules and amendments of LPSs; and (ad) establish panels that are to assess major projects and are to determine whether to grant or refuse to grant major project permits in relation to such projects; and (b) perform such other functions as are imposed on it by or under this Act. 8A. Guidelines The Commission may, with the approval of the Minister, issue guidelines for the purpose of assisting planning authorities in respect of – (a) the preparation of draft LPSs and draft amendments of LPSs; and (b) the implementation and operation of the Tasmanian Planning Scheme. PART 2 - The Tasmanian Planning Scheme 9. The Tasmanian Planning Scheme (1) There is to be a Tasmanian Planning Scheme. (2) The Tasmanian Planning Scheme consists of – (a) the State Planning Provisions; and (b) each Local Provisions Schedule and each Special Local Provisions Schedule. 10. Tasmanian Planning Scheme in relation to particular municipal area (1) The Tasmanian Planning Scheme, in relation to a municipal area, consists of – (a) the State Planning Provisions that are, under section 30(2) , in effect in relation to the municipal area, as the State Planning Provisions are amended by any amendment, of the State Planning Provisions, that is, under section 30S(2) , in effect in relation to the municipal area; and (b) the Local Provisions Schedule that is, under section 35M(3) , in effect in relation to the municipal area, as the Local Provisions Schedule is amended from time to time by any amendment of an LPS, that is, under section 40S(1) , in effect in relation to the municipal area; and (c) any Special LPS that is, under section 35R(1) , in effect in relation to the municipal area. (2) In this Act, a reference to – (a) a planning scheme is a reference to – (i) the Tasmanian Planning Scheme in relation to the municipal area to which the planning scheme relates; or (ii) a planning scheme that is taken to be in force in relation to the municipal area by virtue of Schedule 6 ; and (b) a planning authority, in relation to an LPS, a Special LPS or a planning scheme, is a reference to the planning authority in respect of the municipal area to which the LPS, Special LPS or planning scheme applies. 11. Contents of planning schemes and Tasmanian Planning Scheme (1) In this section – fishing means fishing as defined in the Living Marine Resources Management Act 1995 and as conducted in accordance with that Act; forestry operations includes the processes and works connected with – (a) the establishment of forests; and (b) the growing of timber; and (c) the harvesting of timber; and (d) land clearing, land preparation, burning off, road construction, and associated quarry works, conducted in relation to an activity specified in paragraph (a) , (b) or (c) ; marine farming means marine farming as defined in the Marine Farming Planning Act 1995 and as conducted in accordance with that Act and the Living Marine Resources Management Act 1995 ; proclaimed wharf area means the area of a wharf, the boundaries of which have been defined, altered or redefined under the Marine Act 1976 before the commencement of the Port Companies Act 1997 ; State waters means State waters as defined in the Living Marine Resources Management Act 1995 . (2) Subject to this Act, a planning scheme or the Tasmanian Planning Scheme may – (a) make any provision which relates to the use, development, protection or conservation of any land; and (b) set out policies and specific objectives; and (c) regulate or prohibit the use or development of any land; and (d) set out requirements for the provision of public utility services to any land; and (e) require specified things to be done to the satisfaction of the relevant agency or a planning authority; and (f) apply, adopt or incorporate any document which relates to the use, development or protection of any land; and (g) provide that any use or development of any land is conditional on an agreement being entered into under Part 5 ; and (h) set out provisions relating to the implementation in stages of uses or developments; and (i) provide for any other matter which this Act permits, or requires, to be included in the Tasmanian Planning Scheme; and (j) provide for an application to be made to a planning authority to bring an existing use of land that does not conform to the Tasmanian Planning Scheme into conformity, or greater conformity, with the Tasmanian Planning Scheme; and (k) make any provision that relates to a matter referred to in this subsection. (3) Nothing in a planning scheme or the Tasmanian Planning Scheme affects – (a) forestry operations conducted on land declared as a private timber reserve under the Forest Practices Act 1985 ; or (b) the undertaking of mineral exploration in accordance with a mining lease, an exploration licence, a special exploration licence, or a retention licence, issued under the Mineral Resources Development Act 1995 , provided that any mineral exploration carried out is consistent with the standards specified in the Mineral Exploration Code of Practice, published by Mineral Resources Tasmania, as in force from time to time; or (c) fishing; or (d) marine farming in State waters. (4) Subsection (3)(d) does not apply to – (a) any bridge, jetty, wharf, boathouse, shed, pipeline, or other structure, that is used in connection with marine farming and that is constructed wholly or in part on, or above, the high water mark; or (b) a use or development on any accretion from the sea. (5) It is not a defence to a charge of an offence of using or developing land in a municipal area in contravention of a planning scheme or this Act that, after the offence was committed, the use or development has become lawful under a provision of a planning scheme or the Tasmanian Planning Scheme in relation to the municipal area. (6) A planning scheme or the Tasmanian Planning Scheme may require a use to which section 12(1) applies to comply with a code of practice approved or ratified by Parliament under an Act. (7) A planning scheme or the Tasmanian Planning Scheme is not to prohibit or require a discretionary permit for the use or development of a proclaimed wharf area for port and shipping purposes. 12. Existing uses and developments (1) Subject to subsections (5) , (6) and (7) , nothing in a provision of a planning scheme, or of the Tasmanian Planning Scheme, in relation to a municipal area is to be taken (including by virtue of requiring a permit to be obtained) to – (a) prevent the continuance of the use, of any land, in the municipal area, upon which buildings or works are not erected, for the purposes for which the land was being lawfully used immediately before the provision came into effect; or (b) prevent – (i) the use, of any building in the municipal area that was erected before that provision came into effect in relation to the municipal area, for any purpose for which the building was lawfully being used immediately before the provision came into effect in relation to the municipal area; or (ii) the maintenance or repair of such a building; or (c) prevent the use, of any works constructed in the municipal area before the provision came into effect in relation to the municipal area, for any purpose for which the works were being lawfully used immediately before the provision came into effect in relation to the municipal area; or (d) prevent the use of any building, or works, in the municipal area, for any purpose for which it or they were being lawfully erected, or carried out, immediately before the provision came into effect in relation to the municipal area; or (e) require the removal or alteration of any lawfully constructed buildings, or works, in the municipal area. (2) Nothing in a provision of a planning scheme, or the Tasmanian Planning Scheme, in relation to a municipal area is to be taken to prevent a development, in the municipal area – (a) that is a development in relation to which a permit, or a major project permit, is in force; and (b) that is a development that was not completed before the provision came into effect in relation to the municipal area – from being completed within 3 years of that provision coming into effect in relation to the municipal area or any lesser or greater period specified in respect of the completion of that development under the terms of the permit or another permit or to prevent the use of the land on which the development is carried out for any use that is authorised by the permit. (3) Nothing in a provision of a planning scheme, or the Tasmanian Planning Scheme, in relation to a municipal area is to be taken to prevent a development, in the municipal area – (a) that is a development – (i) that was, before the commencement of the provision, a development in relation to which a permit under this Act was not required; and (ii) in relation to which a permit, or a certificate of likely compliance, under the Building Act 2016 is in force; and (iii) that was not completed before the provision came into effect in relation to the municipal area; or (b) that is a development that was lawfully commenced but was not completed before the provision came into effect in relation to the municipal area – from being completed within 3 years of that provision coming into effect in relation to the municipal area or to prevent the use of the land for the purposes for which the development was carried out. (4) Nothing in a provision of a planning scheme, or the Tasmanian Planning Scheme, in relation to a municipal area is to be taken to prevent (including by virtue of requiring a permit to be obtained) the reconstruction of a building, or restoration of works, that is or are destroyed or damaged and was or were integral and subservient to a lawfully established existing use, whether or not the use conforms to the provision, if – (a) the destruction or damage was not caused intentionally by the owner of that building or those works; and (b) the building or works was or were lawfully established before the provision came into effect in relation to the municipal area – or to prevent the use of the reconstructed building or works for the purposes for which they were reconstructed or restored. (5) Subsections (1) , (2) , (3) and (4) do not apply to, or in relation to, a use of land – (a) that has stopped for a continuous period of 2 years; or (b) that has stopped for 2 or more periods which together total 2 years in any period of 3 years; or (c) that is seasonal in nature, if the use does not take place for 2 years in succession. (6) Subsection (1) does not apply to the extension or transfer from one part of a parcel of land to another of a use previously confined to the first-mentioned part of that parcel of land. (7) Subsections (1) , (2) , (3) and (4) do not apply to, or in relation to, a use, of any land, building or work, that is substantially intensified. PART 2A - Tasmanian Planning Policies 12A. Interpretation of Part 2A In this Part – exhibition notice, in relation to a draft of the TPPs, means the exhibition notice published under section 12D(1) in relation to the draft; exhibition period, in relation to a draft of the TPPs, means the period specified, in accordance with section 12D(3)(a) , in the exhibition notice as the exhibition period in relation to the draft; exhibition premises, in relation to a draft of the TPPs, means premises – (a) to which the public has access during normal business hours; and (b) that are specified, in accordance with section 12D(3)(b)(i) , in the exhibition notice in relation to the draft of the TPPs; TPP criteria means the matters referred to in section 12B(4) . 12B. Contents and purposes of Tasmanian Planning Policies (1) The purposes of the TPPs are to set out the aims, or principles, that are to be achieved or applied by – (a) the Tasmanian Planning Scheme; and (b) the regional land use strategies. (2) The TPPs may relate to the following: (a) the sustainable use, development, protection or conservation of land; (b) environmental protection; (c) liveability, health and wellbeing of the community; (d) any other matter that may be included in a planning scheme or a regional land use strategy. (3) The TPPs may specify the manner in which the TPPs are to be implemented into the SPPs, LPSs and regional land use strategies. (4) The TPPs must – (a) seek to further the objectives set out in Schedule 1 ; and (b) be consistent with any relevant State Policy. 12C. Draft of the TPPs (1) The Minister may prepare a draft of the TPPs. (2) The Minister must consult with – (a) the Commission; and (b) the planning authorities; and (c) the State Service Agencies, and the State authorities, as the Minister thinks fit – in relation to the intention to prepare a draft of the TPPs and a draft of the TTPs. (3) The Minister, by notice to the Commission, may – (a) provide to the Commission a draft of the TPPs; and (b) direct the Commission to undertake public exhibition in relation to the draft of the TPPs. 12D. Public exhibition of draft of the TPPs (1) The Commission, as soon as practicable after receiving a notice under section 12C(3) in relation to a draft of the TPPs, must ensure that an exhibition notice in relation to the draft of the TPPs is published in accordance with this section. (2) The exhibition notice is to be published once before, and once within 14 days after, the first day of the exhibition period, in a newspaper that is published, and circulates generally, in Tasmania. (3) An exhibition notice is to – (a) specify the period that is to be the exhibition period in relation to the draft of the TPPs; and (b) specify that a copy of the draft of the TPPs is or will be – (i) available for viewing by the public during the exhibition period at premises, that are offices of the Commission, specified in the notice; and (ii) available for viewing and downloading by the public, during the exhibition period, at an electronic address specified in the notice; and (c) contain an invitation to all persons and bodies to, within the exhibition period, make to the Commission a representation in relation to the draft of the TPPs by submitting the representation to – (i) the premises specified in the notice in accordance with paragraph (b)(i) ; or (ii) an electronic address specified in the notice. (4) The exhibition period, in relation to a draft of the TPPs, is to be a period of 60 days, which period – (a) begins on the day on which the draft of the TPPs begins to be available for viewing by the public at exhibition premises in accordance with subsection (6)(a) ; and (b) excludes any days on which the exhibition premises are closed during normal business hours. (5) The Commission must, as soon as practicable after receiving notice under section 12C(3) in relation to a draft of the TPPs, give to each planning authority – (a) a copy of the draft of the TPPs; and (b) an invitation to make to the Commission a representation in relation to the draft of the TPPs. (6) The Commission must ensure that copies of the draft of the TPPs are, for the exhibition period – (a) available for viewing by the public at the exhibition premises; and (b) available for viewing and downloading by the public at an electronic address specified in the exhibition notice. 12E. Representations (1) A person or body may make to the Commission a representation in relation to a draft of the TPPs that is available for viewing by the public at the exhibition premises in accordance with section 12D(6) . (2) A representation in relation to a draft of the TPPs – (a) is to be made under subsection (1) within the exhibition period in relation to the draft of the TPPs; and (b) must be made by submitting the representation to the premises, or to the electronic address, that are specified, in accordance with section 12D(3)(b) , in the exhibition notice in relation to the draft of the TPPs. (3) For the purposes of this Part, any matter, contained in a representation under subsection (1) in relation to a draft of the TPPs, that does not relate to the contents or merits of the draft is not to be taken to be part of the representation. (4) The Commission must consider all representations under subsection (1) in relation to a draft of the TPPs. 12F. Report by Commission (1) The Commission, as soon as practicable after the end of the exhibition period in relation to a draft of the TPPs – (a) must consider whether it is satisfied that the draft of the TPPs meets the TPP criteria; and (b) is to consider whether there are any matters of a technical nature, or that may be relevant, in relation to the application of the TPPs to – (i) the Tasmanian Planning Scheme; or (ii) each regional land use strategy – if the TPPs were made under section 12G(2) in the terms of the draft of the TPPs; and (c) may, if it thinks fit, hold one or more hearings in relation to the representations received under section 12E . (2) The Commission, within 90 days, or a longer period allowed by the Minister, after the end of the exhibition period in relation to a draft of the TPPs, must provide to the Minister a report in relation to the draft of the TPPs. (3) The report in relation to a draft of the TPPs is to contain – (a) a summary of the issues raised in the representations in relation to the draft of the TPPs; and (b) a statement as to whether the Commission is satisfied that the draft of the TPPs meets the TPP criteria; and (c) a statement as to whether there are any matters of a technical nature, or that may be relevant, in relation to the application of the TPPs to – (i) the Tasmanian Planning Scheme; or (ii) each regional land use strategy – if the TPPs were made under section 12G(2) in the terms of the draft of the TPPs. 12G. Making of the TPPs (1) The Minister may inform himself or herself, in the manner he or she thinks fit, in relation to a draft of the TPPs. (2) The Minister may make, or refuse to make, the Tasmanian Planning Policies in the terms of the draft of the TPPs modified, if at all, as the Minister thinks fit. (3) If the Minister intends to substantially modify the TPPs from the draft of the TPPs, the Minister must direct the Commission to comply with sections 12D and 12F in relation to the substantially modified TPPs as if the draft was a draft of the TPPs provided to the Commission under section 12C(3) . (4) The Minister may only make, or refuse to make, the Tasmanian Planning Policies under subsection (2) after considering the report provided to him or her under section 12F(2) in relation to a draft of the TPPs or a substantially modified draft of the TPPs under subsection (3) . (5) The Minister may not make the Tasmanian Planning Policies unless the Minister is satisfied, on advice from the Tasmanian Planning Commission, that they meet the TPP criteria. (6) As soon as practicable after, under subsection (2) , making the Tasmanian Planning Policies, the Minister must publish a notice in the Gazette – (a) specifying that the Minister has made the Tasmanian Planning Policies; and (b) specifying – (i) a day, after the day on which the notice is published in the Gazette, on which the Tasmanian Planning Policies come into effect; or (ii) a period, after the day on which the notice is published in the Gazette, at the end of which the Tasmanian Planning Policies come into effect. (7) The Tasmanian Planning Policies made under subsection (2) come into effect – (a) on the day specified, in the notice published in the Gazette under subsection (6) , as the day on which the Tasmanian Planning Policies are to come into effect; or (b) on the day after the end of the period specified, in the notice published in the Gazette under subsection (6) , as the period at the end of which the Tasmanian Planning Policies are to come into effect. (8) As soon as practicable after, under subsection (2) , refusing to make the Tasmanian Planning Policies in the form of a draft of the TPPs, the Minister must publish a notice in the Gazette that the Minister has refused to make the Tasmanian Planning Policies and publish his or her reasons for refusing to make the TPPs. (9) As soon as practicable after, under subsection (2) , making the Tasmanian Planning Policies, the Minister must publish in a newspaper that is published, and circulates generally, in Tasmania, a notice – (a) specifying that the Minister has made the Tasmanian Planning Policies; and (b) specifying – (i) a day on which the Tasmanian Planning Policies come into effect; or (ii) a period, after the day on which the notice is published in the Gazette, at the end of which the Tasmanian Planning Policies come into effect; and (c) specifying, if the Tasmanian Planning Policies are in the terms of a draft of the TPPs modified as the Minister thinks fit, the reasons why the Minister modified the draft of the TPPs, including the evidence on which the Minister has based his or her reasons on. 12H. Amendments of the TPPs (1) The Minister may prepare a draft amendment of the TPPs. (2) A draft amendment of the TPPs, and an amendment of the Tasmanian Planning Policies, may consist of – (a) an amendment of one or more of the provisions of the TPPs; or (b) the insertion of one or more provisions into the TPPs; or (c) a revocation of one or more of the provisions of the TPPs; or (d) the substitution of one or more of the provisions of the TPPs. (3) Except in relation to a draft amendment to which subsection (5) applies, this Part applies in relation to a draft amendment of the TPPs as if – (a) a reference in this Part to a draft of the TPPs or the TPPs were a reference to the draft amendment of the TPPs or to an amendment of the TPPs, respectively, except that – (i) the reference in section 12D(4) to 60 days is to be taken to be a reference to 42 days; and (ii) the reference in section 12F(2) to 90 days is to be taken to be a reference to 60 days; and (b) a reference in this Part to the Tasmanian Planning Policies were a reference to an amendment of the Tasmanian Planning Policies. (4) The Minister may determine that a draft amendment of the TPPs is a minor amendment, if – (a) the Minister is of the opinion that the public interest will not be prejudiced if the draft amendment of the TPPs is not publically exhibited; and (b) the draft amendment of the TPPs is for one or more of the following purposes: (i) correcting an error in the TPPs; (ii) removing an anomaly in the TPPs; (iii) clarifying or simplifying the TPPs; (iv) amending a provision of the TPPs other than so as to change the intent of a policy expressed in the TPPs; (v) bringing the TPPs into conformity with a State Policy; (vi) a prescribed purpose. (5) Section 12G , other than section 12G(4) , applies, in relation to a draft amendment of the TPPs that is determined under subsection (4) to be a minor amendment, as if a reference in that section to a draft of the TPPs, or the Tasmanian Planning Policies, were a reference to the draft amendment of the TPPs, and to an amendment of the Tasmanian Planning Policies, respectively. 12I. Minister to review the TPPs (1) The Minister is to keep the TPPs under regular and periodic review. (2) The Minister must at the end of every 5-year period after the TPPs are made – (a) conduct a review of the TPPs and the implementation of the TPPs; or (b) by notice to the Commission, direct the Commission to conduct a review of the TPPs and the implementation of the TPPs and provide to the Minister a report in relation to the review within the period specified in the notice; or (c) the Minister must table a report on the review conducted under paragraph (a) or provided by the Commission under paragraph (b) , in Parliament as soon as practicable. PART 3 - State Planning Provisions Division 1 - Making of State Planning Provisions Subdivision 1 - Interpretation of Division 1 13. Interpretation of Division 1 In this Division – exhibition notice, in relation to a draft of the SPPs, means the exhibition notice published under section 22 in relation to the draft of the SPPs; exhibition period, in relation to a draft of the SPPs, means the period specified, in accordance with section 22(3)(a) , in the exhibition notice as the exhibition period in relation to the draft of the SPPs; exhibition premises, in relation to a draft of the SPPs, means premises – (a) to which the public has access during normal business hours; and (b) that are specified, in accordance with section 22(3)(b)(i) , in the exhibition notice in relation to the draft of the SPPs; explanatory document, in relation to a draft of the SPPs, means an explanatory document approved under section 16(5) in relation to the draft of the SPPs; relevant exhibition documents, in relation to a draft of the SPPs, means – (a) the terms of reference in accordance with which the draft of the SPPs was prepared; and (b) the draft of the SPPs; and (c) any document applied, adopted or incorporated in the draft of the SPPs; and (d) the explanatory document in relation to the draft of the SPPs. Subdivision 2 - Contents, criteria and explanatory documents in relation to SPPs 14. Contents of State Planning Provisions (1) The SPPs – (a) may contain any provision that may, under section 11 , be included in the Tasmanian Planning Scheme; and (b) may not contain a provision that is inconsistent with section 11 or, if the Tasmanian Planning Scheme were in effect in relation to a municipal area, would be inconsistent with a provision of section 12 ; and (c) may contain a provision indicating or specifying the structure to which an LPS is to conform and the form that a provision of an LPS is to take; and (d) may contain a provision permitting an LPS to provide for the detail of the SPPs in respect of, or the application of the SPPs to, a particular place or matter; and (e) may contain a provision permitting a provision of an LPS to override a provision of the SPPs; and (f) may contain a provision permitting the modification, in relation to a part of a municipal area, of the application of a provision of the SPPs; and (g) may contain a provision requiring, or permitting, an LPS to contain a map, an overlay, a list, or another provision, that provides for the spatial application of the SPPs to land; and (h) may contain a provision requiring an LPS to contain a provision of a kind specified or referred to in the SPPs. (2) The SPPs may contain a provision permitting an LPS to include – (a) a particular purpose zone, being a group of provisions consisting of – (i) a zone that is particular to an area of land specified in the LPS; and (ii) the provisions that are to apply in relation to that zone; or (b) a specific area plan, being a plan consisting of – (i) a map or overlay that delineates a particular area of land; and (ii) the provisions, specified in the LPS, that are to apply to that land in addition to, in modification of, or in substitution for, a provision, or provisions, of the SPPs; or (c) a site-specific qualification, being a provision, or provisions, that are specified, in relation to a particular area of land, in the LPS and that modify, are in substitution for, or are in addition to, a provision, or provisions, of the SPPs. 15. SPPs criteria (1) In this section – relevant planning instrument means a draft of the SPPs, the SPPs, a draft amendment of the SPPs and an amendment of the SPPs. (2) The SPPs criteria to be met by a relevant planning instrument are that the instrument – (a) only contains provisions that the SPPs may contain under section 14 ; and (b) furthers the objectives set out in Schedule 1 ; and (c) is consistent with each State Policy; and (ca) is consistent with the TPPs that are in force before the instrument is made; and (d) has regard to the safety requirements set out in the standards prescribed under the Gas Safety Act 2019 . (3) An amendment of the SPPs, or a draft amendment of the SPPs, is taken to meet the SPPs criteria if the amendment of the SPPs, or an amendment of the SPPs made in the terms of the draft amendment of the SPPs, will not have the effect that the State Planning Provisions, as amended, will cease to meet the SPPs criteria. 16. Explanatory documents (1) The Minister may prepare an explanatory document in relation to the draft SPPs or a draft amendment of the SPPs. (2) The Minister, by notice to the Commission, may direct the Commission to prepare and submit to the Minister, within a period specified in the notice, an explanatory document in relation to the draft SPPs or a draft amendment of the SPPs. (3) An explanatory document in relation to the draft SPPs or a draft amendment of the SPPs is a document setting out in general terms the purpose and terms of the draft SPPs or the draft amendment of the SPPs. (4) The Commission must, within the period specified in a notice under subsection (2) in relation to the draft SPPs or a draft amendment of the SPPs, submit to the Minister an explanatory document in relation to the draft SPPs or the draft amendment of the SPPs. (5) The Minister may approve in relation to the draft SPPs or a draft amendment of the SPPs – (a) an explanatory document prepared by him or her under subsection (1) ; or (b) an explanatory document submitted to him or her under subsection (4) and amended by the Minister as the Minister thinks fit. Subdivision 3 - Preparation of draft of the SPPs 17. Terms of reference in relation to draft of the SPPs (1) The Minister may prepare terms of reference in relation to the preparation of a draft of the SPPs. (2) The Minister must give notice, in a newspaper that is published, and circulates generally, in Tasmania, that he or she has prepared terms of reference in relation to the preparation of a draft of the SPPs. (3) The Minister must not prepare terms of reference in relation to a draft of the SPPs unless the Minister is satisfied that a draft of the SPPs prepared in accordance with the terms of reference is likely to meet the SPPs criteria. 18. Preparation of draft of the SPPs by Minister (1) The Minister may prepare a draft of the SPPs that is in accordance with terms of reference prepared under section 17(1) . (2) The Minister must consult with – (a) the Commission; and (b) the planning authorities; and (c) the State Service Agencies, and the State authorities, as he or she thinks fit – in relation to the preparation of a draft of the SPPs. 19. Minister may direct Commission to prepare draft of the SPPs (1) The Minister, by notice to the Commission, may – (a) provide to the Commission terms of reference prepared under section 17(1) ; and (b) direct the Commission to submit to the Minister a draft of the SPPs that is in accordance with the terms of reference; and (c) determine the period within which the draft of the SPPs is to be submitted to the Minister by the Commission. (2) The Commission must consult with – (a) the planning authorities; and (b) the State Service Agencies, and the State authorities, that it thinks fit – in relation to the preparation by the Commission of a draft of the SPPs. (3) The Commission, within the period determined by the Minister in a notice under subsection (1) or a longer period allowed by the Minister, must prepare and submit to the Minister a draft of the SPPs that is in accordance with the terms of reference specified in the notice. (4) The Commission must not submit a draft of the SPPs to the Minister under subsection (3) unless it is satisfied that the draft of the SPPs meets the SPPs criteria. 20. Minister may direct Commission to modify draft of the SPPs (1) The Minister, by notice to the Commission, may direct the Commission – (a) to modify, in accordance with the notice, a draft of the SPPs submitted to the Minister under section 19(3) or subsection (2) ; and (b) to submit to the Minister under subsection (2) , within a period specified in the notice, the draft of the SPPs as so modified. (2) The Commission, within the period specified in a notice under subsection (1) or a longer period allowed by the Minister, must prepare and submit to the Minister a draft of the SPPs modified in accordance with the notice. (3) The Commission must not submit a draft of the SPPs to the Minister under subsection (2) unless it is satisfied that the draft of the SPPs meets the SPPs criteria. Subdivision 4 - Public exhibition 21. Approval for public exhibition (1) The Minister must consider whether to approve for public exhibition a draft of the SPPs prepared by the Minister under section 18(1) or submitted to the Minister under section 19(3) or section 20(2) . (2) In considering whether to approve for public exhibition a draft of the SPPs, the Minister may inform himself or herself as he or she thinks fit in relation to any matters. (3) The Minister, by notice in writing to the Commission, may approve for public exhibition a draft of the SPPs prepared by the Minister under section 18(1) or submitted to the Minister under section 19(3) or section 20(2) . (4) The Minister must not approve for public exhibition a draft of the SPPs unless the Minister is satisfied that the draft of the SPPs meets the SPPs criteria. 22. Exhibition of relevant exhibition documents in relation to draft of the SPPs (1) The Commission, as soon as practicable after receiving notice under section 21(3) that a draft of the SPPs has been approved for public exhibition, must ensure an exhibition notice in relation to the draft of the SPPs is published in accordance with this section. (2) The exhibition notice is to be published once before, and once within 14 days after, the first day of the exhibition period, in a newspaper that is published, and circulates generally, in Tasmania. (3) An exhibition notice is to – (a) specify the period that is to be the exhibition period in relation to the draft of the SPPs; and (b) specify that the relevant exhibition documents are or will be – (i) available for viewing by the public, during the exhibition period, at premises, that are offices of the Commission, specified in the notice; and (ii) available for viewing and downloading by the public, during the exhibition period, at an electronic address specified in the notice; and (c) contain an invitation to all persons and bodies to, within the exhibition period, make to the Commission a representation in relation to the draft of the SPPs by submitting the representation to – (i) the premises specified in the notice in accordance with paragraph (b)(i) ; or (ii) an electronic address specified in the notice. (4) The exhibition period, in relation to a draft of the SPPs, is to be a period of 60 days – (a) beginning on the day on which the draft of the SPPs begins to be available for viewing by the public at exhibition premises in accordance with subsection (6)(a) ; and (b) excluding any days on which the exhibition premises are closed during normal business hours. (5) The Commission must, as soon as practicable after receiving notice under section 21(3) that a draft of the SPPs has been approved for public exhibition, give to each planning authority – (a) a copy of the relevant exhibition documents in relation to the draft of the SPPs; and (b) an invitation to make to the Commission a representation in relation to the draft of the SPPs. (6) The Commission must ensure that copies of the relevant exhibition documents in relation to the draft of the SPPs are, for the exhibition period – (a) available for viewing by the public at the exhibition premises; and (b) available for viewing and downloading by the public at an electronic address specified in the exhibition notice. 23. Representations (1) A person or body may make to the Commission a representation in relation to a draft of the SPPs that is available for viewing by the public at the exhibition premises in accordance with section 22(6)(a) . (2) A representation in relation to a draft of the SPPs – (a) is to be made under subsection (1) within the exhibition period in relation to the draft of the SPPs; and (b) must be made by submitting the representation to the premises, or to the electronic address, that are specified, in accordance with section 22(3)(b) , in the exhibition notice in relation to the draft of the SPPs. (3) For the purposes of this Part, any matter, contained in a representation under subsection (1) in relation to a draft of the SPPs, that does not relate to the contents or merits of the draft is not to be taken to be part of the representation. 24. Consideration by Commission The Commission, as soon as practicable, after the end of the exhibition period in relation to a draft of the SPPs – (a) must consider the terms of reference in accordance with which the draft of the SPPs was prepared; and (b) must consider each representation, in relation to the draft of the SPPs, made under section 23(1) before the end of the exhibition period; and (c) may, at its discretion, consider a representation, in relation to the draft of the SPPs, made under section 23(1) after the end of the exhibition period; and (d) may, if it thinks fit, hold one or more hearings in relation to the representations that it has considered under paragraph (b) or (c) ; and (e) must consider whether it is satisfied that the draft of the SPPs meets the SPPs criteria; and (f) may consider whether there are any matters that relate to issues of a technical nature or that may be relevant to the implementation of the State Planning Provisions if the State Planning Provisions were made under section 27 in the terms of the draft of the SPPs. 25. Commission report (1) The Commission, within 90 days, or a longer period allowed by the Minister, after the end of the exhibition period in relation to a draft of the SPPs, must provide to the Minister a report in relation to the draft of the SPPs. (2) The report in relation to a draft of the SPPs is to contain – (a) a copy of the draft of the SPPs in the form in which the draft was available for viewing by the public in accordance with section 22(6)(a) ; and (b) a summary of – (i) the representations, in relation to the draft of the SPPs, that it has considered in accordance with section 24(b) and (c) ; and (ii) the Commission's opinion as to the merit of those representations; and (c) a summary of the information obtained at hearings, if any, in relation to the draft of the SPPs; and (d) the recommendations of the Commission in relation to the draft of the SPPs; and (e) a statement as to whether the Commission is satisfied that the draft of the SPPs meets the SPPs criteria. (3) The recommendations under subsection (2)(d) that are included in the report under subsection (1) in relation to a draft of the SPPs, contained, in accordance with subsection (2)(a) , in the report, are to include a recommendation that – (a) the Minister make the State Planning Provisions in the terms of the draft of the SPPs; or (b) the Minister make the State Planning Provisions in the terms of the draft of the SPPs with modifications; or (c) the Minister refuse to make the State Planning Provisions in the terms of the draft of the SPPs. (4) If the recommendations under subsection (2)(d) that are included in the report under subsection (1) include, in accordance with subsection (3)(b) , a recommendation that the Minister make the State Planning Provisions in the terms of the draft of the SPPs contained, in accordance with subsection (2)(a) , in the report, with modifications, the report is to include – (a) a copy, of the draft of the SPPs, that includes the modifications; and (b) a recommendation as to whether or not the draft of the SPPs that includes the modifications ought to be re-exhibited. (5) The recommendations under subsection (2)(d) that are included in the report under subsection (1) in relation to a draft of the SPPs may include recommendations in respect of any matters that relate to issues of a technical nature or that may be relevant to the implementation of the State Planning Provisions if the State Planning Provisions were made under section 27 in the terms of the draft of the SPPs. Subdivision 5 - Making of State Planning Provisions 26. Matters to be considered in making the State Planning Provisions (1) The Minister must not make the State Planning Provisions under section 27 unless the Minister is satisfied that the State Planning Provisions meet the SPPs criteria. (2) The Minister, before making the State Planning Provisions under section 27 , may inform himself or herself, in the manner he or she thinks fit, in relation to any matter. (3) Without limiting the manner in which the Minister may inform himself or herself for the purposes of subsection (2) , the Minister may require the Commission to provide him or her with further information for the purposes of that subsection. 27. Making of State Planning Provisions (1) The Minister, after considering a report provided to the Minister under section 25(1) in relation to a draft of the SPPs, contained, in accordance with section 25(2)(a) , in the report, and any other matters the Minister thinks fit, may – (a) make the State Planning Provisions in the terms of the draft of the SPPs; or (b) if the Minister is satisfied that a provision or provisions of the draft of the SPPs ought to be modified but that the modified provisions do not require re-exhibition – make the State Planning Provisions in the terms of the draft of the SPPs, with the modifications, if any, that the Minister thinks fit; or (c) if the Minister is satisfied that a provision or provisions of the draft of the SPPs ought to be modified and re-exhibited – (i) take the appropriate action to ensure re-exhibition of that provision, or those provisions, as so modified; and (ii) make the State Planning Provisions in the terms of the draft of the SPPs, excluding the provision or provisions that are to be modified and re-exhibited and including the other provisions, which may be modified as the Minister thinks fit without being re-exhibited; or (d) refuse to make the State Planning Provisions in the terms of the draft of the SPPs. (2) For the purposes of subsection (1)(c)(i) , the appropriate action to ensure re-exhibition of the provision, or provisions, of the draft of the SPPs that the Minister is satisfied ought to be modified and re-exhibited (the relevant provisions) is that the Minister, after the SPPs are made under subsection (1) , either – (a) prepares terms of reference under section 30C(1) in relation to the relevant provisions and issues a notice under section 30E(1) in relation to the relevant provisions; or (b) approves under section 30G(3) for public exhibition a draft amendment of the SPPs, containing the relevant provisions, as so modified, as if the draft had been submitted to the Minister under section 30E(3) or section 30F(2) . (3) As soon as practicable after, under subsection (1)(d) , refusing to make the State Planning Provisions, the Minister must publish a notice in the Gazette specifying that he or she has refused to make the State Planning Provisions. 28. Notice of decision in relation to modifications of draft of the SPPs (1) If the Minister makes, with the modifications the Minister thinks fit, the State Planning Provisions under section 27(1)(b) in the terms of a draft of the SPPs, contained, in accordance with section 25(2)(a) , in a report under section 25(1) , the Minister must give notice, in a newspaper that is published, and circulates generally, in Tasmania – (a) that he or she has made the State Planning Provisions in the terms of the draft of the SPPs with the modifications to its provisions that the Minister thinks fit; and (b) of the reasons why he or she modified the provisions of the draft of the SPPs; and (c) of the reasons why he or she was satisfied that a draft of the SPPs with the modifications did not require re-exhibition. (2) If the Minister, under section 27(1)(c) , is satisfied that a provision or provisions of the draft of the SPPs contained in a report under section 25(1) ought to be modified and re-exhibited, the Minister must give notice, in a newspaper that is published, and circulates generally, in Tasmania – (a) that he or she intends to take the appropriate action to ensure re-exhibition of that provision, or those provisions, as modified; and (b) of the reasons why he