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LAND USE PLANNING AND APPROVALS AMENDMENT (TASMANIAN PLANNING POLICIES AND MISCELLANEOUS AMENDMENTS) ACT 2018 (NO. 36 OF 2018) - SECT 13

Section 34 amended (LPS criteria)
Section 34 of the Principal Act is amended as follows:
(a) by inserting the following paragraph after paragraph (d) in subsection (2) :
(da) satisfies the relevant criteria in relation to the TPPs; and
(b) by omitting from subsection (2)(e) "is consistent with" and substituting "as far as practicable, is consistent with" ;
(c) by omitting from subsection (2)(f) "is consistent with" and substituting "has regard to" ;
(d) by inserting the following subsection after subsection (2) :
(2A)  A relevant planning instrument satisfies the relevant criteria in relation to the TPPs if –
(a) where the SPPs and the relevant regional land use strategy have not been reviewed under section 30T(1) or section section 5A(8) after the TPPs, or an amendment to the TPPs, is or are made – the relevant planning instrument is consistent with the TPPs, as in force before the relevant planning instrument is made; and
(b) whether or not the SPPs and the applicable regional land use strategy have been reviewed under section 30T(1) or section section 5A(8) after the TPPs, or an amendment to the TPPs, is or are made – the relevant planning instrument complies with each direction, contained in the TPPs in accordance with section 12B(3) , as to the manner in which the TPPs are to be implemented into the LPSs.



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