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FACT SHEET
Land Use Planning and Approvals Amendment (Transitional Provisions) Bill 2017
The Land Use Planning and Approvals Amendment (Transitional Provisions) Bill 2017 (the
Amendment Bill) amends Schedule 6 of the Land Use Planning and Approvals Act 1993 (the
Act), which relate to the savings and transitional provisions.
The Government’s planning reform agenda includes the establishment of the Tasmanian
Planning Scheme, which has two key elements:
the Statewide Planning Provisions (SPPs), which were made on
22 February 2017; and
local councils’ Local Provision Schedules (LPS) which apply the SPPs at the municipal
level. These are currently being prepared by councils.
Transitional arrangements introduced into the Act by the Land Use Planning and Approvals
Amendment (Tasmanian Planning Scheme) Act 2015, which commenced on 15 December 2015,
require some existing local planning instruments to automatically be brought across to the new
Planning Scheme if they were in place at that time. This is limited to specific area plans,
particular purpose zones and site specific qualifications.
However, the need for further amendments has emerged through the consideration of a range
of matters around the preparation of the LPS and the desirability to provide for a broader
coverage of matters that must be included in the draft Schedules.
The amendments provide for:
automatic transitioning of any urgent amendments made to provisions after the
commencement date; also the optional transitioning of specific area plans, particular
purpose zones and site specific qualifications approved after the commencement date
and deemed to be consistent with the SPPs and LPS requirements;
the extension of the transitional provisions to the lists and overlays associated with
Codes in planning schemes (for example heritage lists), where a matching code is
available in the SPPs, except where the Minister deems them inappropriate for that
transitioning;
the modification of any other amendments to planning schemes which are in process at
the time of the LPS coming into effect, so that they fit the Schedules terminology,
numbering and structure; and finally
the same capacity to modify the other provisions already transitioned so that they work
as intended originally.
The amendments will ensure that transitional arrangements operate effectively and as intended and
provide for the continued protection and management of special places already approved in current
planning schemes where these are consistent with the new Tasmanian Planning Scheme legislation.
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