Who does what?

The Minister for Planning sets the main direction for the planning system, in line with the Tasmanian Government’s development and land use priorities.

The Minister is responsible for the main planning legislation, the Land Use Planning and Approvals Act 1993. This Act gives them powers and responsibilities to approve or amend:

• the State Planning Provisions (SPPs)
• the Tasmanian Planning Policies (TPPs)
• the three regional land use strategies (RLUSs).

The Minister also has two additional powers:

• to make housing land supply orders (HLSOs), and
• declare that a project be assessed under the major projects process.

The Minister does not have a role in:

• zoning changes (other than through HLSOs)
• approving and amending Local Provisions Schedules (LPSs)
• making decisions on development applications or reviewing decisions made by councils
• approving major projects.

Decisions on development applications and LPSs are made by councils and the Commission. Appeals on development applications are determined by the Tasmanian Civil and Administrative Tribunal.

The State Planning Office (SPO) has a central role in achieving the Tasmanian Government’s vision for the planning system. This involves building and maintaining the planning system and ongoing consultation with key stakeholders, the public, community and industry.

The central roles of the SPO are to:

• provide advice and support to the Minister for Planning
• support planning reform processes and maintenance of the planning system
• develop and advise on planning policy
• provide general advice on the planning system.

The SPO's support for the Minister for Planning can involve a variety of tasks, like advising on drafting of amendments to the Land Use and Planning Approvals Act 1993 in line with the Government’s planning reforms, the preparation of the Tasmanian Planning Policies, draft amendments to the State Planning Provisions and their periodic review. The SPO also provides administrative support for the Minister for broad consultation, where the public are invited to comment on proposed changes.

The SPO also assists other government departments to better integrate land use planning within government projects, and regularly provides advice and resources to planning professionals, councils, industry and the community.

The SPO manages this website as a key tool to help the public understand how the planning system works.

The SPO does not have a role in:

• deciding development applications
• reviewing decisions made by councils
• zoning changes other than through housing land supply orders
• approving and amending Local Provision Schedules (LPSs)
• investigating noncompliance with planning requirements
• how councils are administering the planning legislation.

Decisions on development applications and LPSs are made by councils and the Commission. Enforcement of planning requirements is primarily the responsibility of councils, and appeals on development applications are determined by the Tasmanian Civil and Administrative Tribunal.

Councils are central to administering the Tasmanian Planning Scheme (TPS) and handle the bulk of development applications in Tasmania. Other government agencies also have key regulatory roles.

Councils are responsible for administering their planning scheme and drafting the Local Provisions Schedules (LPSs) in the TPS for their area. They also assess the majority of development applications in Tasmania and prepare amendments to their LPSs, such as zone changes.

Development applications are assessed by council planners in accordance with the planning scheme requirements. They review all the information received to make a recommendation to approve or refuse a development application. Delegates of the council, or the elected councillors acting as a ‘planning authority’, approve or refuse the application. Often, councils will seek advice from government agencies and authorities. The public are invited to have a say on all ‘discretionary’ applications.

If an amendment is proposed to an LPS, the public are invited to have a say. All draft LPS amendments are assessed and determined by the Commission.

Councils also carry out strategic planning for their local area, which the LPS helps to implement.

Councils do not:

• initiate amendments to the State Planning Provisions in the TPS
• approve LPSs
• approve LPS amendments.

The Minister for Planning initiates and approves amendments to the SPPs, with advice and input from the Commission, councils, government agencies, the community, and other stakeholders. The Commission approves LPSs and LPS amendments, such as zone changes.

The Tasmanian Planning Commission (the Commission) operates under the Tasmanian Planning Commission Act 1997. Its core role is to assess and approve Local Provisions Schedules (LPSs) and LPS amendments, such as zone changes, considering any issues raised during consultation. The Commission makes recommendations to the Minister on amendments to the State Planning Provisions (SPPs) and regional land use strategies.

The Commission is also responsible for:

• assessing and approving major projects
• assessing and approving major infrastructure projects if declared by the Minister for Planning
• implementing housing land supply orders by amending zones in LPSs
• reviewing draft management plan reports and submissions, such as national park and water management plans
• recommendations to the Minister for Planning on any remaining draft planning directives
• recommendations on SPPs and Tasmanian Planning Policies (TPPs)
• assessing and making recommendations on projects of state significance.

The Commission may also have a role in reviewing the SPPs or TPPs if directed by the Minister for Planning.

Their website lists all current assessments and hearings, as well as information about their assessment and review processes. Many of these processes include periods of public consultation.

The Commission is also responsible for maintaining and publishing planning schemes online.

The Commission does not:

• draft an LPS unless directed by the Minister for Planning
• draft or initiate LPS amendments
• make decisions about development applications, unless combined with an LPS amendment or as part of the major projects process.

These roles and decisions are performed by councils.

The Tasmanian Civil and Administrative Tribunal (TASCAT) is a statewide, specialist tribunal that provides Tasmanians with fair and efficient legal proceedings resolution services across a broad range of areas of the law.

The Tribunal’s functions are assigned to divisions and streams. The Resource and Planning Stream (RPS) of TASCAT hears and determines proceedings about planning appeals and applications under the Land Use Planning and Approvals Act 1993. The RPS also has a range of other proceedings allocated to it covering strata title matters, environmental matters and plant disputes. The full list of Acts the RPS deals with can be found under Schedule 2, Part 8 of the Tasmanian Civil and Administrative Tribunal Act 2020.

Their website has a range of fact sheets to guide you through their processes.

TASCAT does not create policy, or plans.

The Environment Protection Authority (EPA) regulates developments and activities that may impact on environmental quality. Under the Environmental Management and Pollution Control Act 1994, the EPA assesses new developments for their potential impact. It is primarily interested in developments involving:

• large industry operators involved in energy generation and supply
• petroleum and chemical products
• manufacturing
• waste treatment
• extractive industries
• wood processing
• food production
• mining and materials processing.

Councils refer development applications to the EPA for environmental assessment as part of the planning process.

The EPA does not deal with zoning changes or make the final decision on a development application – just its environmental impacts.

The functions and powers of the Tasmanian Heritage Council come from the Historic Cultural Heritage Act 1995 (HCH Act). The Heritage Council receives operational support from Heritage Tasmania to make informed statutory and strategic decisions.

Principally, the role of the Tasmanian Heritage Council is to administer the Tasmanian Heritage Register (THR) and regulate proposed works for places entered in the THR. Local councils are required to refer development applications for places listed on the THR to the Heritage Council.

In practice, the Heritage Council acts to:

• establish and maintain the THR
• assess and make decisions on heritage works applications for places entered in the THR
• provide expert advice for works and developments relating to the state historic heritage assets.

The Tasmanian Heritage Council does not manage local heritage values. This is the responsibility of councils under planning legislation and the Tasmanian Planning Scheme. Councils list locally significant places, precincts and significant trees in a Local Historic Heritage Code, as part of their Local Provisions Schedules.

Infrastructure and utility providers have a role to play in the planning system because they provide essential services that make modern life possible. This includes power, water, sewerage and roads. Some of these providers have regulatory roles in the planning system.

TasWater and Tas Gas Networks have specific roles in the development application process. Councils must refer certain development applications to TasWater, who give advice to councils and include conditions in planning permits under the Water and Sewerage Industry Act 2008. Tas Gas Networks also gives advice on development applications to councils under the Gas Industry Act 2019 within a gas infrastructure planning corridor.

Councils must also refer certain development applications to TasNetworks and pass on their advice to the applicant to enable early discussions on any electricity infrastructure needs.

Councils also provide infrastructure services such as stormwater drainage under the Urban Drainage Act 2013 and local roads under the Local Government (Highways) Act 1982. The Department of State Growth is responsible for state roads under the Roads and Jetties Act 1935.

Infrastructure and utility providers undertake long-term planning to meet the growing population’s needs, and work with planning authorities to make sure that the land requirements for future infrastructure are integrated into strategic and statutory plans.

TasWater and Tas Gas Networks do not make the final decision on a development application – just matters relating to their infrastructure or utilities.

While states and territories are responsible for land and water use, pollution control and air quality, the Australian Government becomes involved if the project could impact nationally significant and protected animals, plants, habitats or places. This is controlled under the Environmental Protection and Biodiversity Conservation Act 1999, which is currently under review.

The Australian Government does not assess any other aspects of projects except their environmental and heritage impacts.

In Tasmania, threatened species are protected under the Threatened Species Protection Act 1995. A permit is required to knowingly “take” (which includes kill, injure, catch, damage, destroy and collect), keep, trade or process any specimen of a listed threatened species. Listed taxon permits are issued by the Environment, Heritage and Land Division of the Department of Natural Resources and Environment Tasmania.

The Threatened Species Unit of the Department of Natural Resources and Environment Tasmania does not assess any other aspects of a proposal – just the impacts on threatened species.

The Aboriginal Heritage Act 1975  (which is expected to be replaced soon) is the primary legislation for the protection of Aboriginal cultural heritage in Tasmania. The Act establishes the Tasmanian Aboriginal Heritage Council, a body broadly representative of the Aboriginal people of Tasmania. The Aboriginal Heritage Council provides advice and recommendations to the Minister for Aboriginal Affairs and the Director of National Parks and Wildlife on the protection and management of Aboriginal heritage in Tasmania. It also engages with developers and other stakeholders. Aboriginal Heritage Tasmania, in the Department of Natural Resources and Environment Tasmania, provides administrative support to the Aboriginal Heritage Council.

Aboriginal Heritage Tasmania manages the Aboriginal Heritage Register, as well as providing advice and heritage awareness training to landowners, land managers and developers.

There are broad obligations under the Aboriginal Heritage Act to report the finding of, and not to harm, Aboriginal heritage. It is an offence to interfere with Aboriginal heritage without a permit granted by the Minister for Aboriginal Affairs.

Aboriginal Heritage do not have a role in deciding planning applications or creating or amending LPSs.

The Tasmania Parks and Wildlife Service (PWS) land management functions are administered under the National Parks and Reserves Management Act 2002, the Nature Conservation Act 2002, Crown Lands Act 1976 and associated regulations and reserve management plans.

The PWS is responsible for the planning and management of 19 national parks, over 800 other reserves including marine reserves, and three world heritage areas. The PWS undertake reserve activity assessments to guide decisions about appropriate use or development on or near reserves. The PWS may also authorise use and development on Crown land. The Department of Natural Resources and Environment Tasmania may provide guidance on the assessment of developments on private land (development planning and conservation assessment).

The PWS does not fully authorise proposals on a reserve. A planning permit is still required from the local council (where applicable).

The Wellington Park Management Trust is the independent statutory management authority for Wellington Park. The Trust is responsible for the management and protection of the diverse natural and cultural values of Wellington Park. The Trust develops and periodically updates the Wellington Park Management Plan, which functions as the planning scheme for Wellington Park. Certain activities such as erecting structures, installing signage and disturbing vegetation require a permit from the Trust under the Wellington Park Regulations 2019.

The Wellington Park Management Trust does not assess development applications under the Land Use Planning and Approvals Act 1993. This is undertaken by local councils.

The Forest Practices Authority (FPA) manages the Tasmanian forest practices system on both public and private land under the Forest Practices Act 1985. The FPA regulates all the activities that are defined as ‘forest practices’, including establishing forests, growing and harvesting timber, clearing trees, clearing and converting threatened native vegetation, and work within forest areas, such as on roads and in quarries. Most people who want to carry out forest practices on private land need a certified forest practices plan (FPP) first.

The FPA does not assess any other aspects of projects except activities relating to forest practices.

Consumer, Building and Occupational Services (CBOS) regulates building and building-related professions in Tasmania.

Under the Occupational Licensing Act 2005, CBOS issues licences for a range of building-related professions including:

• architects
• building designers
• builders
• electricians
• engineers
• gasfitters
• planning consultants
• plumbers.

CBOS also regulates building standards that all developments must comply with, for example, some construction-related aspects of hazards, such as materials used in bushfire-prone areas. They administer Director’s Determinations for:

• hazards relating to building approvals (such as bushfire, coastal erosion, coastal inundation, landslip, and flooding hazards)
• issuing building and plumbing approvals and authorisations under the Building Act 2016
• accredits licensed planning consultants with ‘No Planning Approval Required’ certificates.

The licensed professionals noted above will guide clients through the regulations that apply in their circumstance.

CBOS manages the PlanBuild website, Tasmania’s online portal for planning and building.

CBOS does not assess or decide on planning and building applications. These remain the function of local councils.

Most building or plumbing work in Tasmania will require a building permit, or some form of authorisation. This follows, and is separate to, a planning permit issued by the council.

A building surveyor will:

• assess the proposed design and building work to make sure it complies with the National Construction Code and Tasmanian legislation
• send a copy of all relevant documentation to your council so they have a record of your building, or can issue a building permit.

Your council can advise on which type of building approval process applies, and whether a building permit is required.

Consumer Building and Occupational Services (CBOS) performs the following key roles related to the planning system:

• administers Director’s Determinations for hazards relating to building approvals (such as bushfire, coastal erosion, coastal inundation, landslip, and flooding hazards)
• administers Director's Determinations for issuing building and plumbing approvals and authorisations under the Building Act 2016
• accredits licensed planning consultants with ‘No Planning Approval Required’ certificates.

CBOS manages the PlanBuild website, Tasmania’s online portal for planning and building.

The Department of Natural Resources and Environment Tasmania (NRE) is responsible for the sustainable management of the State’s natural and cultural heritage for the benefit of the Tasmanian community. Its role in planning is significant because of the many connections between planning and environmental management. In relation to planning, NRE:

• provides strategic advice to the Government on agriculture, forestry, inland waters, biosecurity, marine resources, parks and reserves, heritage, environment and lands
• has a critical role in mapping and aerial photography
• maintains accurate land tenure information
• is responsible for the planning and management of national parks, other land reserves, marine reserves and world heritage areas
• is responsible for natural resource management, geo-conservation, waterway and coastal protection, and managing invasive species
• is responsible for the conservation of threatened species and communities
• performs reserve activity assessments (like an environmental impact assessment on private land)
• has an advisory role in conservation assessments of developments on private land.

The NRE does not have a role in deciding planning applications or creating or amending Local Provisions Schedules.

The Department of State Growth has a wide range of responsibilities that impact on land use planning in Tasmania. These responsibilities include:

• investment attraction
• transport
• infrastructure
• cultural industry and tourism supply development
• skills, training and workforce growth
• international relations and trade
• science and technology, resources
• energy and emissions reductions, and
• region and sector development.

The Department of State Growth has also developed a population strategy for Tasmania with targeted population growth.

The Department of State Growth does not have a role in deciding planning applications, or creating or amending LPSs.

Homes Tasmania is Tasmania’s housing and homelessness system manager. Established under the Homes Tasmania Act 2022, its role is to deliver social and affordable housing for Tasmanians most in need. This includes helping Tasmanians into:

• crisis accommodation and support
• social housing, including supported accommodation, public and community housing and specialist accommodation for vulnerable people
• affordable housing, including affordable land, affordable private rentals and affordable home ownership.

Homes Tasmania can request the Minister for Planning make a housing land supply order under the Housing Land Supply Act 2018 to rezone government land for residential purposes. This involves a period of public consultation, and the final decision sits with the Minister for Planning. If approved, Homes Tasmania retains land for the development of social and affordable housing and releases land for private development, giving priority to affordable housing and development, including the MyHome program.

Homes Tasmania does not make decisions about development applications. This power remains with councils.

The Office of the Coordinator General is Tasmania’s principal entity to attract and support investment in the state. The Office provides a single point of contact for businesses looking to establish, expand or relocate to Tasmania. Working across a wide variety of sectors, the Office works across investment attraction, red tape reduction, site selection and other strategic project facilitation, supporting investors to investigate, plan and implement their projects.

The Office of Local Government (OLG) is responsible for administering the Local Government Act 1993, which gives it power to review local governments and local government boards. As part of this responsibility, it also supports councils through education and training materials for councillors and advises on policy, governance and operational matters. In relation to planning, OLG provides specialist advice to the SPO on local government issues.

The OLG does not have a role in deciding development applications or creating or amending Local Provisions Schedules.

Renewables, Climate and Future Industries Tasmania (ReCFIT) is responsible for providing strategic advice to the Government on climate change, renewable energy, energy security and emissions reduction. It is guided by the Climate Change (State Action) Act 2008 and the Climate Change (Greenhouse Gas Emissions) Regulations 2012, along with the Energy Co-ordination and Planning Act 1995, and the Electricity Supply Industry Act 1995.

There are a wide range of land use planning implications from climate change. Broadly, these can be categorised as:

• planning that supports emissions reduction (climate change mitigation) including permitting infrastructure for new renewable energy, and retrofitting for energy efficiency or active transport
• planning that supports building resilience to climate change (climate-change adaptation) including managing natural hazards, urban retrofitting and water-sensitive urban design
• planning that can achieve both outcomes, including urban cooling through tree planting.

ReCFIT makes policy that supports climate change mitigation and adaptation, and provides advice to various government departments to ensure decisions are guided by accurate and up-to-date information.

There are also connection points between the planning system and ReCFIT’s responsibilities in relation to renewable energy and energy security, including statutory obligations and responsibilities under the Energy Co-ordination and Planning Act 1995.

Resilience and Recovery Tasmania (RRT) has an important advisory role to play in planning, as part of its broader emergency management responsibilities. It supports the application of emergency management principles to planning for natural hazards, such as coastal inundation and erosion, landslip, riverine flooding and fire. In relation to planning, RRT:

• supports the development and implementation of risk-based policy and hazard mapping in collaboration with response agencies including the State Emergency Service (SES) and the Tasmanian Fire Service (TFS)
• supports the State Recovery Advisor to coordinate whole-of-government disaster recovery activities
• provides grants to councils for reconstruction under the Tasmanian Relief and Recovery Arrangements (TRRA)
• provides specialist advice to the SPO on natural hazard issues for a number of codes in the State Planning Provisions.

The RRT does not provide advice outside of security and emergency management.

The Tasmania Fire Service (TFS) performs the following key roles in relation to planning:

• provides advice on bushfire hazard issues (for the Bushfire-Prone Areas Code in the State Planning Provisions
• accredits Bushfire Hazard Practitioners (who complete bushfire assessments and certify hazard management plans for development applications in compliance with the Bushfire-Prone Areas Code and the Building Act 2016

The TFS does not have a role in deciding planning applications or creating or amending LPSs.

The Threatened Species Link is a service within the Department of Natural Resources and Environment (NRE) that provides advice on how to conserve threatened species in Tasmania. Its website includes information on legal obligations and issues to be considered when planning an activity that may affect threatened species.

The Local Government Association of Tasmania (LGAT) is the peak body for all Tasmanian councils. It provides advocacy, representation, procurement, professional development, research and policy development services and advice to councils, and shares information about Tasmanian councils with the community. You can find contact details for all Tasmanian councils on its website.

The LGAT is not a council or a planning authority, has no role in statutory or strategic planning, and does not have a role in deciding planning applications or creating or amending Local Provisions Schedules (LPSs).

The Southern Tasmanian Councils Authority (STCA) is a regional organisation of councils that work in partnership to address regional development issues and progress sustainable economic, environmental and social outcomes for Southern Tasmania. The STCA works in partnership with the Tasmanian Government to prepare the Southern Tasmanian Regional Land Use Strategy.

Member councils are Brighton, Central Highlands, Derwent Valley, Glamorgan Spring Bay, Hobart, Huon Valley, Sorell, Southern Midlands and Tasman.

The Cradle Coast Authority is owned by the 8 councils across the region and exists to support them to achieve regional outcomes and maintain strong local government through 3 key functions:  natural resource management, strategic services and regional economic development. Regional economic development includes strategic planning and planning advocacy, and the implementation of letters of expectations developed with Council Management across the 8 councils.

Member councils are Central Coast, Circular Head, Devonport, Kentish, King Island, Latrobe, Waratah-Wynyard and West Coast.

The Northern Tasmania Development Corporation is funded by 6 councils and acts to progress regional planning needs in Northern Tasmania.

Member councils are Launceston, Northern Midlands, Meander Valley, Break O’Day, George Town and West Tamar.

The Planning Institute of Australia (PIA) is the peak body for Australia's planning profession. PIA advances best planning practice through advocacy, education, professional development and policy advice. PIA champions:

• climate-change mitigation and adaptation
• effective infrastructure provision
• affordable housing
• sustainable development and
• a national settlement strategy

to improve the livability of Australia's towns and cities.