The Land Use Planning and Approvals Act 1993 (LUPAA) is the main land use planning legislation in the RMPS. It was introduced in 1993 and came into operation in 1994.
It creates the main tools of planning control, like the Tasmanian Planning Scheme (TPS), and defines the power of elected members, individuals and organisations in the planning system.
LUPAA creates the planning hierarchy that applies in Tasmania, going from the highest order to the lowest. At the top are the Tasmanian Planning Policies (TPPs). These are state wide policies that all other plans and strategies must implement. The main way the TPPs will be implemented is through the regional plans, the next level of the hierarchy, and so on down the line.
Under LUPAA, councils are defined as planning authorities. They create and administer the planning scheme that operates in your area. This is formally called the Local Provisions Schedule (LPS). The term ‘local planning scheme’ is also commonly used.
The TPS is the main statutory plan. It is a statewide template that local councils apply to their area. The local councils also enforce planning decisions.
The Minister has no powers in local development decisions. If people become involved in conflicts about local planning and development, these can only be resolved with the council or through the Tasmanian Civil and Administrative Tribunal (TASCAT.)
