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| Tasmanian Planning Scheme | |
|---|---|
| Name | Tasmanian Planning Scheme |
| Jurisdiction | Tasmania, Australia |
| Status | Active |
| Commenced | 2021 |
| Website | N/A |
Tasmanian Planning Scheme The Tasmanian Planning Scheme is the statewide statutory planning instrument introduced to consolidate land use and development rules across Tasmania, replacing multiple zoning instruments and aligning with the Land Use Planning and Approvals Act 1993 reforms under the Tasmanian Government. It sets strategic intent for development consistent with frameworks like the State Planning Provisions, integrates policy considerations from entities such as the Environment Protection Authority (Tasmania), and interacts with heritage controls like the Historic Cultural Heritage Act 1995 (Tasmania). The scheme influences decisions by authorities including the Tasmanian Planning Commission, local councils in Tasmania, and statutory bodies such as the Crown Lands Act 1976 administrators.
The scheme’s purpose is to provide a unified statutory instrument to guide planning decisions across the City of Hobart, Launceston', Devonport, and regional municipalities, balancing growth objectives with protections referenced in instruments like the National Environment Protection Council and the Rivers and Water Supply Commission (Tasmania). It aims to coordinate outcomes across development controls informed by agencies such as the Tasmania Fire Service, the Department of Primary Industries, Parks, Water and Environment (Tasmania), and statutory lists like the Tasmanian Heritage Register. The scheme replaces multiple municipal planning schemes to create consistency with statewide strategies such as the Tasmanian State Policy and regional plans influenced by bodies like the Northern Tasmania Development Corporation.
The scheme is grounded in the Land Use Planning and Approvals Act 1993, implemented through instruments established by the Tasmanian Planning Commission and authorisations from the Minister for Planning (Tasmania). It intersects with legislation including the Environmental Management and Pollution Control Act 1994 (Tasmania), the Historic Cultural Heritage Act 1995 (Tasmania), and statutory oversight from the Integrity Commission (Tasmania) for procedural fairness. Judicial review avenues under the Supreme Court of Tasmania and appeals to tribunals such as the Resource Management and Planning Appeals Tribunal (Tasmania) shape legal interpretation, while intergovernmental agreements with the Commonwealth of Australia inform matters like environmental approvals and infrastructure funding.
The scheme comprises the statewide State Planning Provisions, local planning maps, and local provisions administered by individual councils in Tasmania including the Kingborough Council and Brighton Council, integrating zone descriptions such as residential, industrial, and rural zones used by administrations like the Meander Valley Council. Content includes specific overlays protecting values listed by the Tasmanian Heritage Council, environmental overlays reflecting inputs from the Parks and Wildlife Service (Tasmania), and development standards addressing matters similar to those in documents produced by the Australian Building Codes Board. The scheme references strategic documents from entities like the Tasmanian Climate Change Office and regional plans from bodies such as the Southern Midlands Council.
Implementation is managed by the Tasmanian Planning Commission in cooperation with local councils in Tasmania and assessment authorities like the State Growth (Tasmania). Applications follow procedures analogous to those under the Land Use Planning and Approvals Act 1993, with public notification obligations paralleling processes used by the Environmental Protection Authority (Tasmania). Assessment pathways include exempt, permitted, and discretionary tracks overseen by planning officers in municipalities such as Glenorchy Council and subject to review by the Resource Management and Planning Appeals Tribunal (Tasmania) or judicial bodies like the Supreme Court of Tasmania when contested. Infrastructure coordination involves agencies such as TasWater and transport authorities like the Department of State Growth (Tasmania).
Local planning provisions are prepared by councils including Hobart City Council and Launceston City Council and must align with the State Planning Provisions administered by the Tasmanian Planning Commission. These provisions cover matters like heritage overlays maintained by the Tasmanian Heritage Council, environmental protections influenced by the Parks and Wildlife Service (Tasmania), and bushfire hazard measures reflecting advice from the Tasmania Fire Service. Codes address building relationships analogous to standards from the Australian Building Codes Board and infrastructure coordination with entities such as TasNetworks and TasWater.
Compliance mechanisms involve enforcement by councils and statutory action via the Supreme Court of Tasmania or punitive measures under the Land Use Planning and Approvals Act 1993, with oversight and investigation by agencies like the Integrity Commission (Tasmania). Appeals and merits review proceed to the Resource Management and Planning Appeals Tribunal (Tasmania) and may escalate to the Supreme Court of Tasmania on points of law, while public interest litigation has engaged organizations such as the Environmental Defenders Office (Tasmania). Enforcement can involve injunctions, fines, and corrective notices served by municipal authorities like Devonport City Council.
Advocates including regional development bodies like the Northern Tasmania Development Corporation argue the scheme improves consistency for investment supported by the Commonwealth of Australia funding; critics including some local councillors and heritage groups linked to the Tasmanian Heritage Council contend that centralisation may reduce local discretion and nuanced protections similar to debates around the Historic Cultural Heritage Act 1995 (Tasmania). Environmental NGOs and legal advocates such as the Environmental Defenders Office (Tasmania) have raised concerns about biodiversity safeguards compared with protections under instruments like the Environmental Management and Pollution Control Act 1994 (Tasmania), while industry groups and chambers such as the Business Council of Tasmania focus on development certainty and infrastructure coordination with the Department of State Growth (Tasmania).
Category:Planning in Tasmania