The draft amendment is approved under section 40Q of the Land Use Planning and Approvals Act 1993.

On 18 October 2024, the Commission decided to modify the draft King Island Local Provisions Schedule (draft LPS). The King Island LPS (as modified) became effective on 18 December 2024.

As part of its 18 October 2024 decision, the Commission found that the draft LPS required substantial modification and accordingly, under section 35KB of the Act, the Commission directed the planning authority to prepare a draft amendment to the King Island LPS and to submit the draft amendment to the Commission after the LPS came into effect.

The subject draft amendment is one of five draft amendments to the King Island LPS prepared in response to the Commission's direction. The King Island Council planning authority has publicly exhibited the draft amendment in accordance with section 40G and provided the Commission with its section 40K report.

The draft amendment proposed to apply the Safeguarding of Airports Code and insert the Airport Obstacle Limitation Area overlay map.

The draft amendment was referred to TasWater under section 56S of the Water and Sewerage Industry Act 2008. In response TasWater made a representation stating no objection to the draft amendment and that TasWater did not wish to attend any hearing.

No other representations were received in relation to the draft amendment.

Planning authority's response to the representations

The planning authority did not recommend any modification to the draft amendment.

1. Under section 40M of the Land Use Planning and Approvals Act 1993 (the Act), the Commission is required to consider the draft amendment to the LPS and the representations, statements and recommendations contained in the planning authority's section 40K report and any information obtained at a hearing.
2. No opposing representations were received, and the Commission dispensed with a hearing in accordance with section 40L(2) of the Act.

1. The Commission must also consider whether the draft amendment meets the LPS criteria as set out under section 34(2) of the Act:

(a) contains all the provisions that the SPPs specify must be contained in an LPS; and

(b) is in accordance with section 32; and

(c) furthers the objectives set out in Schedule 1; and

(d) is consistent with each State policy; and

(da) satisfies the relevant criteria in relation to the TPPs; and

(e) as far as practicable, is consistent with the regional land use strategy, if any, for the regional area in which is situated the land to which the relevant planning instrument relates; and

(f) has regard to the strategic plan, prepared under section 66 of the Local Government Act 1993, that applies in relation to the land to which the relevant planning instrument relates; and

(g) as far as practicable, is consistent with and co-ordinated with any LPSs that apply to municipal areas that are adjacent to the municipal area to which the relevant planning instrument relates; and

(h) has regard to the safety requirements set out in the standards prescribed under the Gas Safety Act 2019.

1. In its approval of the draft LPS the Commission determined that it met the LPS criteria. As part of that decision, it follows that the Commission also established that the directed modifications to the LPS through section 35KB were also consistent with the LPS criteria.
2. No further submissions were received raising any matters that warrant further considerations against these criteria.

1. The Commission's decision on the King Island LPS established that it accepted the evidence in support of the inclusion of the Airport Obstacle Limitation Area overlay.
2. In its decision on the King Island LPS, the Commission considered that:
   • the Airport Obstacle Limitation Area overlay be included in the draft LPS to protect the ongoing functioning of the King Island Airport through not having buildings or structures protruding into the airspace around the airport;
   • the modification furthers Part 2 Resource Management and Planning System objective (h); and
   • the modification was a substantial modification as there may be a public interest.
3. The Commission considers that exhibition of the draft amendment has given sufficient opportunity for any matters of public interest to be raised. As representations were not received in relation to the draft amendment, the Commission remains satisfied that the draft amendment is consistent with the LPS criteria at section 34(2) of the Act.

1. The Commission is satisfied that the draft amendment meets the LPS criteria and gives its approval.

Approved amendment 03/2025 to the Tasmanian Planning Scheme - King Island

Apply the Airport Obstacle Limitation Area overlay as shown in Figure 1 below.

Figure 1 - Application of Airport Obstacle Limitation Area Overlay