{"id":"tas:act-2024-032","name":"Land Use Planning and Approvals (Stony Rise Development Approval) Act 2024","slug":"land-use-planning-and-approvals-stony-rise-development-approval-act-2024","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"32 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31477,"registerId":"tas-act-2024-032-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Land Use Planning and Approvals (Stony Rise Development Approval) Act 2024](/view/html/inforce/2026-04-12/act-2024-032) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on the day on which this Act receives the Royal Assent.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this Act –\n> > \n> > > ***certified draft amendment*** means the draft amendment of the LPS as –\n> > > \n> > > > > (a) provided in respect of the request made under LUPA to the relevant planning authority and numbered AM2022.02; and\n> > > > \n> > > > > (b) certified by the relevant planning authority, in respect of the relevant development, under [section 40F](/view/html/inforce/2026-04-12/act-1993-070#GS40F@EN) of LUPA on 24 October 2022; and\n> > > > \n> > > > > (c) amended as proposed by the relevant planning authority under [section 40K](/view/html/inforce/2026-04-12/act-1993-070#GS40K@EN) of LUPA on 23 January 2023 and submitted to the Commission on that date;\n> > \n> > > ***LPS amendment area*** means all the areas of land within the following certificates of title, within the meaning of the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) :\n> > > \n> > > > > (a) 159930/2, 159930/3 and 159930/100;\n> > > > \n> > > > > (b) 165883/0;\n> > > > \n> > > > > (c) 167737/15, 167737/103 and 167737/104;\n> > > > \n> > > > > (d) 173536/16, 173536/17 and 173536/105;\n> > > > \n> > > > > (e) 184908/101, 184908/102 and 184908/104;\n> > > > \n> > > > > (f) 20325/6;\n> > \n> > > ***LUPA*** means the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) ;\n> > \n> > > ***permit area*** means all the areas of land at the following addresses:\n> > > \n> > > > > (a) 5 Friend Street, Stony Rise, Devonport;\n> > > > \n> > > > > (b) 1 and 2 Gadsby Street, Stony Rise, Devonport;\n> > > > \n> > > > > (c) 88, 90-102 Stony Rise Road, Stony Rise, Devonport;\n> > \n> > > ***relevant planning authority*** means the planning authority for the municipal area of Devonport.\n> \n> > (2)  Unless the contrary intention appears, a word or expression used in LUPA has the same meaning in this Act as it has in that Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Application of LUPA to Stony Rise Development","content":"### 4 Application of LUPA to Stony Rise Development\n\n> > (1)  The amendment to the LPS relating to the LPS amendment area, as specified in the request –\n> > \n> > > > (a) made to the relevant planning authority under [section 37](/view/html/inforce/2026-04-12/act-1993-070#GS37@EN) of LUPA; and\n> > > \n> > > > (b) numbered AM2022.02 –\n> > \n> > is taken to be approved under [section 40Q(1)](/view/html/inforce/2026-04-12/act-1993-070#GS40Q@Gs1@EN) of LUPA in the terms of the certified draft amendment and signed in accordance with [section 40R(1)](/view/html/inforce/2026-04-12/act-1993-070#GS40R@Gs1@EN) of LUPA.\n> \n> > (2)  For the purposes of [section 40S](/view/html/inforce/2026-04-12/act-1993-070#GS40S@EN) of LUPA, the amendment to the LPS, taken to have been approved under [subsection (1)](#GS4@Gs1@EN) , takes effect 21 days after the day on which this Act receives the Royal Assent.\n> \n> > (3)  On the day on which the amendment to the LPS, taken to have been approved under [subsection (1)](#GS4@Gs1@EN) , takes effect, the Commission is to ensure that the LPS relating to the LPS amendment area is amended accordingly.\n> \n> > (4)  The permit relating to the permit area, as specified in the application –\n> > \n> > > > (a) made to the relevant planning authority under [section 40T](/view/html/inforce/2026-04-12/act-1993-070#GS40T@EN) of LUPA; and\n> > > \n> > > > (b) numbered PA2022.0092 –\n> > \n> > is taken to have been granted under [section 42B(1)](/view/html/inforce/2026-04-12/act-1993-070#GS42B@Gs1@EN) of LUPA.\n> \n> > (5)  The permit, taken to have been granted under [subsection (4)](#GS4@Gs4@EN) , is taken to be granted under that subsection –\n> > \n> > > > (a) on the same terms and conditions as apply to the copy of the draft permit –\n> > > > \n> > > > > > (i) attached to the certified draft amendment; and\n> > > > > \n> > > > > > (ii) subsequently amended as proposed by the relevant planning authority under [section 40K](/view/html/inforce/2026-04-12/act-1993-070#GS40K@EN) of LUPA on 23 January 2023 and submitted to the Commission on that date; and\n> > > \n> > > > (b) subject to such additional conditions as determined by the relevant planning authority within 21 days after the day on which this Act receives the Royal Assent.\n> \n> > (6)  Despite [section 42C(1)](/view/html/inforce/2026-04-12/act-1993-070#GS42C@Gs1@EN) of LUPA, the permit, taken to have been granted under [subsection (4)](#GS4@Gs4@EN) , takes effect on whichever is the latest of the following days:\n> > \n> > > > (a) 21 days after the day on which this Act receives the Royal Assent;\n> > > \n> > > > (b) the day specified in the permit as the commencement date;\n> > > \n> > > > (c) if any other approvals under LUPA or another Act are required for the proposed use or development to which the permit relates – the day on which all of those approvals have been obtained;\n> > > \n> > > > (d) if under the permit an agreement under [Part 5](/view/html/inforce/2026-04-12/act-1993-070#HP5@EN) of LUPA is required to be entered into – the day on which the agreement is executed in accordance with that Part.\n> \n> > (7)  The relevant planning authority must give notice, in writing, of details relating to the amendment taken to be approved under [subsection (1)](#GS4@Gs1@EN) , and the permit taken to have been granted under [subsection (4)](#GS4@Gs4@EN) , to –\n> > \n> > > > (a) the Commission; and\n> > > \n> > > > (b) the person who made the request for the amendment; and\n> > > \n> > > > (c) the person who applied for the permit; and\n> > > \n> > > > (d) each person or body who or that made a representation in relation to the permit.\n> \n> > (8)  For the avoidance of doubt, except as specified in this section –\n> > \n> > > > (a) LUPA applies to the amendment of the LPS taken to be approved under [subsection (1)](#GS4@Gs1@EN) , and the permit taken to have been granted under [subsection (4)](#GS4@Gs4@EN) , as if the amendment were approved, and the permit were granted, by the Commission under the relevant provisions of LUPA; and\n> > > \n> > > > (b) nothing in this section prevents the amendment of the LPS taken to be approved under [subsection (1)](#GS4@Gs1@EN) , or the permit taken to have been granted under [subsection (4)](#GS4@Gs4@EN) , from subsequently being amended, varied, modified, extended or revoked in accordance with LUPA.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Review of matters relating to transport","content":"### 5 Review of matters relating to transport\n\n> > (1)  The Minister is to cause a review of traffic management and public transport accessibility, within the permit area and its surrounding area, to be commenced within 6 months after the day on which this Act commences.\n> \n> > (2)  A review under [subsection (1)](#GS5@Gs1@EN) is to –\n> > \n> > > > (a) be undertaken by the department responsible for the [Traffic Act 1925](/view/html/inforce/2026-04-12/act-1925-038) ; and\n> > > \n> > > > (b) be completed within 4 weeks of the commencement of the review in accordance with [subsection (1)](#GS5@Gs1@EN) ; and\n> > > \n> > > > (c) include such recommendations as that department considers appropriate, in respect of traffic management and public transport accessibility, within the permit area and its surrounding area.\n> \n> > (3)  As soon as practicable after completing the review under [subsection (1)](#GS5@Gs1@EN) , the department undertaking the review is to provide a copy of the review to the Minister.\n> \n> > (4)  The Minister is to cause a copy of the review to be tabled in each House of Parliament within 5 sitting-days of that House after the Minister receives a copy of the review under [subsection (3)](#GS5@Gs3@EN) .","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Administration of Act","content":"### 6 Administration of Act\n\n> Until provision is made in relation to this Act by order under section 4 of the *Administrative Arrangements Act 1990* –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Housing, Planning and Consumer Affairs; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of State Growth.","sortOrder":5}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears narrowly focused on its stated purpose — granting or confirming a development approval for the Stony Rise site specifically. There is no evidence from the available text of scope creep beyond that singular intent. However, the absence of the full substantive provisions limits confidence in this assessment."},"complexity_factors":["Site-specific legislation interacts with the broader Land Use Planning and Approvals Act 1993, requiring understanding of both frameworks","The Act likely overrides or modifies standard planning processes, creating legal interplay between statute and normal approval pathways","Implications for third-party rights (appeal rights, objection rights) are non-obvious and require specialist knowledge to assess","The full substantive provisions were not available in this extract, making complete analysis impossible and adding interpretive uncertainty","Constitutional and administrative law questions may arise around the separation of judicial and legislative functions when Parliament approves specific developments","Enforcement and conditions of approval (if any) would require cross-referencing with the parent planning legislation"],"plain_english_summary":"This Act is site-specific legislation that effectively grants or confirms a development approval for Stony Rise, bypassing the usual Tasmanian planning process (council assessment, public objections, tribunal appeals). It primarily benefits the landowner/developer, limits neighbours’ and council’s usual rights to object or review, and matters because it removes normal scrutiny and sets a precedent for Parliament directly overriding planning procedures."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This legislation appears tightly scoped to its original purpose. It is a classic 'private bill' or site-specific planning intervention that does exactly what it says on the tin: approves one specific development (Stony Rise) with defined boundaries, application numbers, and dates. There is no scope creep — it doesn't expand to other areas, create general principles, or establish ongoing regulatory frameworks beyond the mandatory transport review."},"complexity_factors":["Multiple nested defined terms referencing external documents (specific title numbers, planning application numbers, dates)","Heavy cross-referencing to the Land Use Planning and Approvals Act 1993 (LUPA) — 15+ external section references","Conditional timing provisions with multiple triggers (section 4(6) has four alternative commencement dates)","Technical planning jargon requiring knowledge of Tasmanian planning scheme amendment processes (sections 37, 40F, 40K, 40Q, 40R, 40S, 40T, 42B, 42C of LUPA)","Specific parcel identification by certificate of title rather than simple address (6 groups of title references)","Dual-track structure: simultaneous amendment approval AND permit approval with interlocking but distinct timing rules"],"plain_english_summary":"**What this legislation does**\n\nThis is a **site-specific planning law** that fast-tracks approval for a major development in Stony Rise, Devonport (Tasmania). It essentially overrides the normal planning approval process for a particular housing or commercial development.\n\n**Who it affects**\n\n- **The developer**: Gets automatic approval for a planning scheme amendment and a development permit without going through the usual Tasmanian Planning Commission process\n- **Local residents and objectors**: People who made representations about the development will be notified, but the normal appeal rights are bypassed\n- **Devonport City Council**: The \"relevant planning authority\" must handle administrative tasks and can add some conditions to the permit\n- **State government**: Must conduct a transport review within 6 months\n\n**What exactly gets approved**\n\nThe legislation:\n- **Deems approved** a planning scheme amendment (numbered AM2022.02) covering specific parcels of land identified by title references\n- **Deems granted** a development permit (numbered PA2022.0092) for addresses on Friend Street, Gadsby Street, and Stony Rise Road\n- Sets specific timing rules for when these approvals take effect\n\n**Why it matters**\n\nThis is an example of **\"parliamentary intervention\"** in planning decisions. Instead of letting the planning system run its course, Parliament has stepped in to guarantee approval for a specific project. This:\n- Removes uncertainty for the developer\n- Bypasses potential delays or rejection by the Planning Commission\n- Creates a precedent that other developers may seek to follow\n- Requires post-approval scrutiny of transport impacts\n\nThe Act also includes a **sunset provision** of sorts: it mandates a review of traffic management and public transport accessibility within 6 months of commencement, with results tabled in Parliament."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act implements the specific amendment AM2022.02 and permit PA2022.0092 as certified and amended, for the defined LPS amendment area and permit area. It does not expand the geographic scope or the content of the certified documents; instead it declares those documents to be taken as approved/granted and sets timing and procedural rules (see s4(1)–(6)). There is no express indication in this Act that the substantive scope of the proposal differs from the certified request and application."},"complexity_factors":["Extensive cross-references to the Land Use Planning and Approvals Act 1993 (LUPA) which import external definitions and procedures (see s3(2) and s4 generally).","Incorporation of externally certified documents by reference — the certified draft amendment and amended draft permit (s3(1) definitions; s4(1), s4(5)(a)).","Multiple and conditional commencement rules for the permit and amendment (s4(2), s4(6) — several alternative triggering events).","Discretion left to the relevant planning authority to add additional permit conditions within a 21‑day window (s4(5)(b)), creating short administrative timeframes and potential uncertainty.","Requirement that the Commission make LPS amendments on the specified day and that notices be given to multiple parties (s4(3), s4(7)), imposing implementation tasks across agencies and stakeholders.","Statutory override of normal LUPA sequencing by declaring approvals to be taken as granted/approved, while otherwise preserving LUPA’s ongoing application (s4(1), s4(4), s4(8)).","A mandated, time‑bounded review of traffic management and public transport by a different department (Traffic Act 1925 department) with strict commencement and completion deadlines (s5(1)–(4)).","Temporary administrative assignment pending Administrative Arrangements orders, affecting which Minister and department administer the Act (s6)."],"plain_english_summary":"This Act gives legal effect to a specific local planning scheme amendment (AM2022.02) and a development permit (PA2022.0092) for identified parcels in Stony Rise, Devonport, treating those documents as if approved and granted and directing the Commission to update the LPS. It fixes when the amendment and permit take effect and preserves ongoing amendment, variation or revocation under the Land Use Planning and Approvals Act.\n\nThe Devonport planning authority may add permit conditions within 21 days, the Minister must commission a short traffic and public‑transport review, and the Minister for Housing, Planning and Consumer Affairs (Department of State Growth) administers the Act."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/land-use-planning-and-approvals-stony-rise-development-approval-act-2024","history":"/api/acts/land-use-planning-and-approvals-stony-rise-development-approval-act-2024/history","analysis":"/api/acts/land-use-planning-and-approvals-stony-rise-development-approval-act-2024/analysis","conflicts":"/api/acts/land-use-planning-and-approvals-stony-rise-development-approval-act-2024/conflicts","importantCases":"/api/acts/land-use-planning-and-approvals-stony-rise-development-approval-act-2024/important-cases","documents":"/api/acts/land-use-planning-and-approvals-stony-rise-development-approval-act-2024/documents"}}