Scheme

Key points

  • Both the State Planning Provisions (SPPs) and the Local Provisions Schedules(LPSs) can change.
  • There are separate processes for these changes.
  • The public is consulted in both.

About

Changes to the Tasmanian Planning Scheme (TPS) can occur at two levels:

  • SPPs – this impacts all council areas
  • LPSs – this impacts only the relevant council area

SPP amendment process

An amendment to the SPPs can be started by the Minister, or any person making a request for the Minister for Planning to consider a draft amendment. If the Minister decides to proceed, terms of reference are prepared. Usually, this stage involves targeted consultation with planning authorities and state agencies.

Draft amendments must meet the SPP criteria. This means that they must:

  • further the objectives of the Land Use Planning and Approvals Act 1993 (LUPAA) set out in Schedule One
  • be consistent with each State Policy
  • be consistent with the TPPs
  • have considered the relevant rules of the Gas Safety Act 2019
  • be in accordance with Section 11 of the Act (contents of the TPS).

Draft amendments will generally have an exhibition period of 42 days for public comment. The Tasmanian Planning Commission (TPC) run these exhibitions. Under the Act, a notice about the exhibition must be published in a newspaper that circulates generally in Tasmania. Information is also published on the TPC website and this website.

Minor amendment

In some cases, the Minister (with the advice of the TPC) may decide an exhibition is not required because the nature of the draft amendment is minor and public interest will not be prejudiced. Depending on the purpose of the minor correction, there may be targeted consultation with councils, and State agencies and authorities.

Interim amendment

In some cases, the Minister (with the advice of the TPC) may decide that it is in the public interest to urgently address an issue, for example new data on a natural hazard. With an interim SPP amendment, the draft amendment can start sooner, while the Commission’s exhibition and assessment process continues. The draft amendment on which the interim amendment is based follows the ordinary amendment assessment process by the Commission. The interim amendment is then replaced by the finally approved SPP amendment.

If an exhibition is held, the TPC considers all representations received, and may decide to hold hearings to clarify some matters.

The TPC prepares a recommendation report and submits this to the Minister for consideration.

There are a range of possible outcomes. The Minister may:

  • refuse to amend the SPPs
  • amend the SPPs as proposed in the draft amendment
  • modify the draft amendment.

This may, or may not, require further public exhibition.

The Minister's decision to undertake the minor or interim amendment process, and the date an amendment takes effect, are published in the Gazette on conclusion of the amendment process.

More information on the preparation and assessment of draft SPPs amendments process under LUPAA is available in the SPO's simplified flow chart, or the Tasmanian Planning Commission provides a more detailed flowchart on their website.

LPS amendment process

Amendments can be made to any of the following:

  • the written part of the LPS
  • the zoning or overlay maps.

An amendment to an LPS may be initiated:

  • by the council
  • in response to the Minister directing the council to prepare a draft amendment, or
  • in response to any person making a request to the council.

If the council supports or certifies the amendment, it must be placed on public exhibition, and any person may make a representation (also called a submission).

If the council prepares an amendment, it must certify that the amendment meets the LPS criteria. This means that an amendment must:

  • further the objectives of LUPAA set out in Schedule One
  • be consistent with each State Policy
  • be consistent with the TPPs
  • be consistent with the relevant Regional Land Use Strategy (RLUS)
  • be coordinated with the LPSs operating in surrounding municipalities
  • consider council’s strategic plan
  • consider the relevant rules of the Gas Safety Act 2019
  • meet the specifications in the SPPs for contents of an LPS
  • conform with Section 32 of LUPAA (contents of LPSs).

In some cases, the council may request the TPC to decide and notify that exhibition is not required because the nature of the draft amendment is minor and public interest will not be prejudiced. Otherwise, after council certifies the amendment, it must be placed on public exhibition and any person may make a representation (also called a submission). After the council has considered the representations, it must report to the TPC.

The TPC must hold a hearing into the representations, and may seek information to gain a better understanding about the amendment and help in determining whether to:

  • approve the amendment
  • refuse the amendment
  • modify
  • substantially modify the amendment itself
  • direct the council to modify, substantially modify or submit a substitute draft amendment.

The TPC’s decision must also consider whether the draft amendment meets the LPS criteria.

A substantially modified or substitute draft amendment may require certification by the TPC, and must be exhibited by the council, before being considered for approval by the TPC.

Want to know more about this topic?

See the Tasmanian Planning Commission flowchart for SPP amendments.

See the Tasmanian Planning Commission flowchart for LPS amendment.