Tasmanian Planning Commission

Tasmanian Planning Commission
Name	Tasmanian Planning Commission
Formation	1993
Jurisdiction	Tasmania, Australia
Headquarters	Hobart
Type	Statutory tribunal
Parent agency	Department of Natural Resources and Environment Tasmania

Tasmanian Planning Commission The Tasmanian Planning Commission is an independent statutory tribunal established under the Land Use Planning and Approvals Act 1993 to adjudicate land use disputes, assess planning schemes, and provide policy advice in Tasmania. It operates alongside entities such as the Department of Natural Resources and Environment Tasmania, the Resource Management and Planning Appeals Tribunal, and local government councils including the City of Hobart and Glenorchy City Council to influence development outcomes across regions like Greater Hobart and the West Coast, Tasmania. Its decisions interact with legal institutions such as the Supreme Court of Tasmania and national instruments like the Environment Protection and Biodiversity Conservation Act 1999 when matters raise federal interests.

History

The commission was created through reforms introduced by the Liberal Party of Australia (Tasmanian Division) and legislative changes during the tenure of ministers from the Rennick Ministry era to replace earlier planning bodies including various municipal planning authorities and the former Town and Country Planning Board. Early milestones involved contentious inquiries into projects such as the proposed Gordon-below-Franklin hydroelectric schemes and interactions with environmental campaigns led by organizations like the Tasmanian Wilderness Society and figures associated with the Franklin Dam controversy. Throughout the 1990s and 2000s it navigated competing interests represented by industry groups such as the Minerals Council of Australia and conservationists linked to the Australian Conservation Foundation, while jurisprudence evolved through appeals heard in the Federal Court of Australia and decisions cited by the High Court of Australia.

Functions and Responsibilities

The commission's statutory remit under the Land Use Planning and Approvals Act 1993 includes assessment of planning schemes, mediation of objections from stakeholders like the Property Council of Australia and community groups such as the Tasmanian Conservation Trust, and determining State Planning Provisions that affect areas including Greater Launceston and the King Island Council region. It hears appeals from applicants, developers represented by firms connected to the Urban Development Institute of Australia and residents represented by advocacy groups such as Representatives of Municipalities in Tasmania, issuing determinations that can reference heritage instruments like listings on the Tasmanian Heritage Register and environmental overlays related to the World Heritage Area.

Governance and Composition

The commission comprises appointed commissioners drawn from legal and planning backgrounds, nominated under processes involving the Premier of Tasmania and ministers from portfolios such as the Ministry for Planning and the Minister for Local Government and Planning (Tasmania). Commissioners have included practicing planners from associations like the Planning Institute of Australia and lawyers with experience before tribunals such as the Administrative Appeals Tribunal (Australia). Its corporate governance interfaces with statutory bodies including the Office of the Coordinator-General (Tasmania) and local councils such as the Sorell Council, and its procedural rules reference standards used by the Australian Law Reform Commission in administrative review contexts.

Planning Scheme Assessment and Approvals

The commission evaluates draft and amended planning schemes submitted by councils including the Break O'Day Council, the Circular Head Council, and the Derwent Valley Council, balancing proposals from proponents such as mining companies active in the West Coast (Tasmania) against objections lodged by conservation organizations like the Wilderness Society (Australia). Assessments require consideration of statutory plans including local strategic plans prepared under frameworks similar to those used by the City of Launceston and may involve expert evidence from consultants associated with firms in the Urban Development Institute of Australia network. Approvals and refusals have led to appeals advanced to higher courts like the Supreme Court of Tasmania and public inquiries convened by officials formerly serving in the Department of Premier and Cabinet (Tasmania).

Strategic Planning and Policy Guidance

The commission contributes to statewide strategic guidance by advising on State Planning Provisions and urban growth boundaries referenced in strategies developed by the Tasmanian Planning Policy Unit and regional plans for areas like Huon Valley Council and Kingborough Council. It has informed policy debates around infrastructure coordinated by the Tasmanian Infrastructure Advisory Board and environmental management intersecting with areas designated under the National Heritage List. Its policy outputs have been cited in submissions to federal processes involving the Commonwealth of Australia and in reports commissioned by entities such as the Tasmanian Audit Office.

Controversies and Major Decisions

High-profile decisions have included determinations affecting resource proposals linked to companies represented before the commission and contentious urban projects in Hobart and Launceston that provoked intervention from activist groups including the Tasmanian Aboriginal Centre and heritage campaigns invoking the Tasmanian Heritage Council. Some rulings prompted judicial review in the Federal Court of Australia and commentary from political parties such as the Australian Labor Party (Tasmanian Branch) and the Tasmanian Greens, while major inquiries have examined its role in decisions about developments near the Derwent River and within proximities to the Tasmanian Wilderness World Heritage Area. Debates over transparency, procedural fairness, and statutory interpretation continue to engage academics from the University of Tasmania and policy analysts in state institutions.

Category:Organisations based in Hobart Category:Planning authorities in Australia