The draft amendment is modified under section 40N(1)(b) of the Land Use Planning and Approvals Act 1993 as set out in Annexure A and is approved under section 40Q.

The draft amendment proposes to apply the Natural Assets Code - priority vegetation area overlay (overlay) to properties in the Low Density Residential Zone.

The Tasmanian Planning Scheme - Tasman (planning scheme) came in effect on

8 December 2021. The planning scheme does not currently apply the priority vegetation overlay to land in the Low Density Residential Zone.

The overlay is proposed to be applied to approximately 291 properties in the Low Density Residential Zone in the Tasman Municipal area that are large enough to be considered to have subdivision potential.

The minimum lot size for the Low Density Residential Zone is 1,500m² under the Acceptable Solution which can be reduced to 1,200m² under the Performance Criteria.

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 it had no objection to the draft amendment and that TasWater did not wish to attend any hearing.

Planning authority's response to the representations

The planning authority considered the representations and recommended no 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 Local Provisions Schedule (LPS) and the representations, statements and recommendations contained in the planning authority's section 40K report and any information obtained at a hearing.
2. One representations was received and after consultation under section 40L(2) of the Act, the Commission dispensed with holding a hearing.
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. Where relevant, these matters are discussed below.

1. The relevant regional land use strategy is the Southern Tasmania Regional Land Use Strategy 2010-2035 (regional strategy).
2. The planning authority's report supporting the draft amendment (supporting report) submitted that the draft amendment was consistent with the biodiversity regional policy of the regional strategy.
3. The planning authority considered that the draft amendment meets policy BNV1 as the application of the priority vegetation area mapping will enable the overlay to protect natural values.
4. The planning authority considered that the draft amendment meets policy BNV2 as:

The management of natural values through the updated priority vegetation area overlay will ensure the protection of vegetation communities, flora and fauna species, and habitat for threatened species, important for building resilience and adaptation to climate change.

1. The Commission agrees with the planning authority that the draft amendment is consistent with the regional strategy's regional policy for biodiversity and will protect natural values in the municipality.
2. The Commission finds that the draft amendment is, as far as is practicable, consistent with the regional strategy.

1. The planning authority's supporting report noted that there is currently no strategic plan for the Tasman municipality and for this reason the draft amendment to the LPS does not conflict with any strategic plan for the area.

1. The Commission accepts the submission from the planning authority.

Natural Assets Code - priority vegetation overlay

1. The planning authority's supporting report submitted that currently vegetation on land within the Low Density Residential Zone is not protected and the proposed amendment will enable the application of the overlay to identify priority vegetation and protect natural values.
2. The overlay is proposed to be applied to approximately 291 properties in the Low Density Residential Zone.
3. C7.2.1 of the Natural Assets Code states that the priority vegetation overlay applies to development on land within the Low Density Residential Zone only if an application is for subdivision.
4. The planning authority submitted that Esk Spatial had undertaken mapping of the priority vegetation areas for the Tasman Local Provisions Schedule which came into effect in December 2021 based on the Regional Ecosystem Model (REM) of Tasmanian Biodiversity model.
5. The REM contains assessments of four attributes of biodiversity that may need to be considered for conservation:
   • Native vegetation (TASVEG-based units assessed Statewide and bio regionally)
   • Priority species (threatened and other important species)
   • Hollow dwelling species habitat
   • Landscape ecological function - the ability of the landscape to maintain the elements of biodiversity it contains.
6. The Section 8A Guideline No. 1 Local Provisions Schedule LPS zone and code application (Guideline No. 1) state that:

The priority vegetation area overlay is intended for native vegetation that:

• forms an integral part of a threatened native vegetation community as prescribed under Schedule 3A of the Nature Conservation Act 2002;
• is a threatened flora species;
• forms a significant habitat for a threatened fauna species; or
• has been identified as native vegetation of local importance.

1. The planning authority addressed the requirements of Guideline No. 1 and submitted that the draft amendment met Guidelines NAC7, 8, 9, 10, 11, 12 and 13.
2. The planning authority advised that the mapped priority vegetation areas shown on the overlay maps include:
   • threatened native vegetation communities as identified in TASVEG Version 3 and 4 Mapping (NAC7)
   • threatened flora species based on the threatened flora data from the Natural Values Atlas (NAC8)
   • threatened fauna species, including areas identified as significant habitat based on the threatened fauna data from the Natural Values Atlas (NAC 10).
3. The planning authority is satisfied that any anomalies or inaccuracies in the mapping and data can be dealt with on a case by case basis through the development application process.
4. The planning authority submitted that the application of the priority vegetation area overlay within the Low Density Residential Zone will provide protection of the known natural values of the area during the consideration of any future subdivision application.

1. The application of the priority vegetation area overlay to the Low Density Residential Zone will ensure that natural values are considered as part of any future subdivision application.
2. The priority vegetation area overlay has been applied in accordance with the REM mapping, which is based on expert evidence.
3. The Commission accepts that the overlay has been applied as required by Guideline No. 1 and is consistent with the LPS requirements of the SPPs.
4. The Commission notes that the application of the overlay to the Low Density Residential Zone only applies to subdivision and impacts on identified priority vegetation would be managed by the standards in the Natural Assets Code.

State Policies and Resource Management and Planning System Objectives

1. The Commission finds that no State Policies are relevant to the draft amendment and that it seeks to further the Objectives of the Resource Management and Planning System in Schedule 1 of the Act.

1. Under section 40M of the Act the Commission must consider whether modifications to a draft amendment of an LPS ought to be made.
2. The draft amendment certified by the planning authority shows all the current overlays applied to the planning scheme under the Natural Assets Code.
3. The draft amendment requires modification to only display the areas of the priority vegetation area overlay for the Low Density Residential Zone.

1. Subject to the modifications described above, the Commission is satisfied that the draft amendment meets the LPS criteria and gives its approval.

Modified amendment AM 2-2024 to the Tasmanian Planning Scheme - Tasman

1. Apply the priority vegetation area overlay to land parcels in the Low Density Residential Zone as shown below.