Key points

  • There are separate approval processes for different sizes and scales of development.
  • The planning system does not duplicate assessment processes.

Regardless of the type of development or which act it is assessed under, the Tasmanian planning system has the same goal: ‘To promote the sustainable development of natural and physical resources and the maintenance of ecological processes and genetic diversity’.

The Tasmanian planning system is made up of legislation, policies and plans that are all connected. They fall into a hierarchy that goes from the international level down to an individual lot. The hierarchy is:

  • International
    • International treaty obligations, e.g. RAMSAR
  • Federal
    • National standards for planning and building issues
  • State
    • Legislation
    • State policies
    • Tasmanian planning policies
  • Regional
    • Regional land use strategies
  • Local
    • Tasmanian Planning Scheme
  • Precinct/town
    • Structure or precinct plans to guide development in areas smaller than a whole local government area
  • Site
    • Any individual lot

The remainder of this planning system page goes into each level in more detail from the state level down.

The Land Use and Planning Approvals Act 1993 (LUPAA) is the main legislation that directs planning, followed by State Policies, which are made under the State Policies and Projects Act 1993.

Key planning elements within the Resource Management and Planning System

Modern development is complex and needs to consider many different issues. As a sample, this could include:

  • Aboriginal heritage
  • Climate change
  • Community development
  • Demography
  • Health and safety
  • Historic heritage
  • Housing
  • Landscape impact
  • Pollution prevention
  • Traffic management and parking
  • Urban design
  • Vegetation protection
  • Water management

Each development will be different, depending on where it is located.

Who assesses what?

Most of the decisions about land use and development on private land are made by the local council, frequently with advice from relevant government departments and infrastructure providers.
For development on public land, the responsibility is divided according to the industry. Forestry and mining can occur on private land as well, and they are still governed by the industry acts.

The table below summarises this.

IndustryLegislationWho
ForestryForest Practices Act 1985
Forest Management Act 2013
Sustainable Timber Tasmania
MiningMineral Resources Development Act 1995Mineral Resources Tasmania
Department of State Growth
ParksNational Parks and Reserves Management Act 2002
Nature Conservation Act  2002
Department of Natural Resources and Environment
Marine farmsMarine Farming Planning Act 1995
Living Marine Resources Management Act 1995
Department of Natural Resources and Environment

All other land uses or developments are assessed under the Land Use and Planning Approvals Act 1993 (LUPAA), and the primary decision maker is local government.

Environmental impact

Larger projects may also trigger an environmental impact assessment process, under the Environmental Management and Pollution Control Act 1994 and related legislation, for example threatened species.

Heritage

Both Aboriginal and other heritage have separate assessment processes under different legislation.

Aboriginal heritage legislation is currently being reviewed. You can find out more about its status here. For other heritage, the relevant Act is the Historic Cultural Heritage Act 1995.

To read the full description of the aims, see Schedule One of the Act.