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 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 is to apply the Landscape Conservation Zone and remove the KIC-S1.0 Fences in the King Island Rural Area Specific Area Plan (SAP) and the Local Area Objectives overlay for clause KIC-P4.2.1 from the following properties:

1. Dickers Road, Yambacoona folio of the Register 208063/1
2. Reekara Road, Sea Elephant folios of the Register 163546/2 and 163546/3
3. adjoining road reserves to the road centreline.

The land at Dickers Road is predominately vegetated, the TasVeg4.0 layer on theLIST indicates the land contains areas of two threatened vegetation communities; (NME) Melaleuca ericifolia swamp forest and (WGK) Eucalyptus globulus King Island forest. The land is accessible from a track however does not have a frontage to a public road. The land is bounded to the north, east and south by land in the Environmental Management Zone, the land to the southwest is in the Particular Purpose Zone.

The land at Reekara Road (163546/2) is predominately vegetated, similarly TasVeg4.0 indicates the land contains patches of (WBR) Eucalyptus brookeriana wet forest also a threatened community. The adjoining land on Reekara Road (163546/3) is a rectangular lot with an access strip along the north boundary of the adjoining lot. The property is heavily vegetated but is not identified as containing any threatened communities.

The land is currently in the King Island Particular Purpose Zone (PPZ) - King Island Rural Area and subject to the Local Area Objectives overlay KIC-P4.2.1. Additionally, the land is contained within the KIC-S1.0 Fences in the King Island Rural Area SAP as land within the King Island PPZ is considered a Rural Area.

Land to the north of the adjoining parcels is in the Landscape Conservation and Environmental Management Zones, to the east Environmental Management and to the south and west the Particular Purpose Zone.

The draft amendment was referred to TasWater under section 56S of the Water and Sewerage Industry Act 2008. In response TasWater provided a statement that it had reviewed the draft amendment and had no representation to make.

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 40(2A) of the Act.
3. 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 application of the Landscape Conservation Zone to the subject properties and it considers application of the zone is consistent with Guideline No.1.
2. The Commission notes the removal of the King Island Particular Purpose Zone - King Island Rural Area and the associated Local Area Objectives overlay removes the requirement for the land to be included in the KIC-S1.0 Fences in the King Island Rural Area SAP.
3. In its decision on the King Island LPS, the Commission considered that the modification was a substantial modification as there may be a public interest. 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 01-2025 to the Tasmanian Planning Scheme - King Island

• Apply the Landscape Conservation Zone to the following properties as shown in Figure 1 below and remove the KIC-S1.0 Fences in the King Island Rural Area Specific Area Plan and the Local Area Objectives overlay for clause KIC-P4.2.1:
  1. Dickers Road, Yambacoona folio of the Register 208063/1
  2. Reekara Road, Sea Elephant folios of the Register 163546/2 and 163546/3
  3. adjoining road reserves to the road centreline.