What is this about?

This project is proposing to amend the State Coastal Policy 1996 (SCP) to ensure that only appropriate development occurs in sensitive coastal environments that are considered to be actively mobile landforms.

Who is involved?

The State Planning Office on behalf of the Premier released a position paper for public comment to assist in drafting an amendment. Any draft amendment to the State Coastal Policy will be assessed by the Tasmanian Planning Commission, who will provide a report to the Premier. If the Premier recommends the Governor makes an amended policy, it has to be approved by both Houses of Parliament.

How long will it take?

It is anticipated the amendment process will take approximately 12 months.

Background

The government has identified an issue with Outcome 1.4.2 of the State Coastal Policy (SCP) which prohibits development and works on ‘actively mobile landforms’, except for engineering or remediation works to protect people, property and land.

Under the Land Use Planning and Approvals Act 1993 (LUPAA) the definition of development includes:

  • construction, alteration or decoration of a building
  • demolition or removal of a building, structure or works
  • carrying out of works
  • subdivision of land
  • signs.

In addition, the term '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.

Outcome 1.4.2 does not allow for development or works such as jetties, wharfs, removal of weeds, signs or even constructed pathways over dunes to be considered on ‘actively mobile landforms’. There is also no agreed position on what an ‘actively mobile landform’ is.

An amendment to the SCP will seek a more reasonable and less ambiguous policy response where works and development that have little or no impact, or that are dependent on being in that location, can be considered.

The government has prepared legislation to validate past planning approvals that may contravene Outcome 1.4.2. The validating legislation is a separate process to this proposed amendment to the State Coastal Policy.

The process for amending the SCP is established under section 15A of the State Polices and Project Act 1993. Section 15A also refers to section 12 that allows a draft amendment to a State Policy to become an Interim State Policy having immediate effect if approved by the Governor.

Life Cycle

Project updates, key documents and dates are outlined below.

Have your say - Position paper, Status: Complete
State Planning Office

This consultation is closed.

The State Planning Office sought comment on the Position Paper - review of the State Coastal Policy - Development on Actively Mobile Landforms.

The consultation was open from 9 September until 21 October 2024.

Featured document

Submissions in writing should be sent to the State Planning Office before the closing date.

Postal address:

State Planning Office
Department of State Growth
GPO Box 536
Hobart TAS 7001

Email address:

spo@stateplanning.tas.gov.au

Personal information

Submissions will be treated as public information and will be published on our website unless confidentiality is specifically requested. No personal information other than an individual’s name or the organisation making a submission will be published.

Further information about privacy and your personal information is available.

Position Paper submissions received, Status: Complete

A total of 135 submissions were made during the public consultation on the Position Paper - review of the State Coastal Policy - Development on Actively Mobile Landforms, as listed below.

Drafting amendment, Status: Not started

Submissions are reviewed and a report on the consultation is prepared. This informs the finalisation of the draft amendment to the State Coastal Policy.

Draft amendment to TPC for exhibition, Status: Not started

The Minister may approve the draft amendment and direct the Tasmanian Planning Commission (the Commission) to undertake an assessment of the draft amendment, including a public exhibition process.

Commission completes assessment, Status: Not started
Tasmanian Planning Commission

The Tasmanian Planning Commission (TPC) provides a report on the draft amendment to the Minister.

Making the amended policy, Status: Not started
Tasmanian Parliament

The Minister determines whether to recommend that the Governor makes the amended State Coastal Policy.

If the Governor makes the amended Policy, it does not come into effect until it has been approved by both Houses of Parliament.