Tasmanian Numbered Acts

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LAND USE PLANNING AND APPROVALS AMENDMENT ACT 2013 (NO. 59 OF 2013) - SECT 12

Section 12A inserted
After section 12 of the Principal Act , the following section is inserted in Part 2A:

12A.     Issue of interim planning directives

(1)  The Commission may recommend to the Minister that the Minister issue under this section a planning directive that is in the terms of a draft planning directive –
(a) that is lodged with the Commission or prepared by the Commission; and
(b) in relation to which the Commission has made under section 10(3) a recommendation that an assessment should be undertaken.
(2)  After considering a recommendation made to him or her under subsection (1) to issue a planning directive in the terms of a draft planning directive, the Minister may –
(a) issue under this section a planning directive that is in the terms of the draft planning directive; or
(b) determine not to issue under this section a planning directive.
(3)  The Minister may only issue under subsection (2) a planning directive that is in the terms of a draft planning directive if the Minister issues, or has issued, a direction under section 11 that an assessment of the draft planning directive be undertaken by the Commission.
(4)  If the Minister issues under this section a planning directive, the Minister must –
(a) give written notice of the planning directive to the Commission and all planning authorities affected by the planning directive; and
(b) publish in the Gazette notice of the issue of the planning directive and of the day on which the planning directive is to take effect.
(5)  If the Minister determines not to issue under this section a planning directive, the Minister must give written notice of that determination to the Commission.
(6)  A planning directive issued under this section takes effect on the day specified, in the notice of its issue published in the Gazette , as the day on which the planning directive is to take effect.
(7)  The Minister may revoke a planning directive issued under this section.
(8)  If the Minister revokes under subsection (7) a planning directive, the Minister must –
(a) give written notice of the revocation to the Commission and all planning authorities affected by the planning directive; and
(b) publish in the Gazette notice of the revocation and of the day on which the revocation is to take effect.
(9)  A revocation of a planning directive under subsection (7) takes effect on the day specified, in the notice of its issue published in the Gazette , as the day on which the revocation is to take effect.
(10)  A planning directive issued under this section that is in the terms of a draft planning directive remains in force until –
(a) the end of the period of 12 months from the day on which the planning directive took effect; or
(b) a planning directive that is in the same terms as –
(i) the draft planning directive; or
(ii) the draft planning directive modified as recommended by the Commission in a report, in relation to the draft planning directive, provided to the Minister under section 12(5)  –
is issued by the Minister under section 13(1) ; or
(c) a revocation of the planning directive under subsection (7) takes effect –
whichever occurs first.



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