Housing Land Supply (Miscellaneous Amendments) Bill 2026
[Bill 15]-VI
TASMANIA
HOUSING LAND SUPPLY (MISCELLANEOUS
AMENDMENTS) BILL 2026
CONTENTS
PART 1 – PRELIMINARY
Short title
Commencement
Repeal of Act
PART 2 – COMMUNITY HOUSING PROVIDERS NATIONAL LAW
(TASMANIA) ACT 2013 AMENDED
Principal Act
Section 9 amended (Relevant Minister)
PART 3 – HOUSING LAND SUPPLY ACT 2018 AMENDED
Principal Act
Section 4 amended (Housing land supply orders)
Section 6 amended (Inclusion of intended zones in housing land
supply orders)
Section 7 amended (Modifications of planning requirements that
may be specified in housing land supply order)
Section 8 amended (Amendment of housing land supply orders)
Part 2, Division 2: Heading amended
Section 9 repealed
Section 10 amended (Consultation to occur before housing land
supply orders put before Parliament)
2
14. Section 13A substituted
13A. Notice to be given of decision not to proceed with
proposed order
13B. Notice to be given if certain orders are made
15. Section 14 amended (Revocation of housing land supply order)
16. Section 15 substituted
15. Notice to be given that land has ceased to be housing
supply land
17. Section 18A inserted
18A. Effect of Part
18. Section 19 amended (Alteration of zoning of housing supply
land)
19. Section 20 amended (Alteration of planning provisions in
relation to housing supply land)
20. Section 21 amended (Directions to amend planning scheme
where land ceases to be housing supply land)
21. Section 23 amended (Taking effect of, and notice of, amendment
of planning scheme)
22. Section 25A inserted
25A. Amendments to applicable planning scheme void in
certain circumstances
23. Section 30 inserted
30. Transitional provision on commencement of
Housing Land Supply (Miscellaneous Amendments)
Act 2026
[Bill 15] 3
HOUSING LAND SUPPLY (MISCELLANEOUS
AMENDMENTS) BILL 2026
(Brought in by the Minister for Business, Industry and
Resources, the Honourable Felix Ashton Ellis)
A BILL FOR
An Act to amend the Housing Land Supply Act 2018 and
the Community Housing Providers National Law
(Tasmania) Act 2013
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 – PRELIMINARY
Short title
This Act may be cited as the Housing Land
Supply (Miscellaneous Amendments) Act 2026.
Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
Repeal of Act
This Act is repealed on the first anniversary of
the day on which it commenced.
Housing Land Supply (Miscellaneous Amendments) Act 2026
Act No. of 2026
s. 4 Part 2 – Community Housing Providers National Law (Tasmania) Act 2013
Amended
4
PART 2 – COMMUNITY HOUSING PROVIDERS
NATIONAL LAW (TASMANIA) ACT 2013 AMENDED
4. Principal Act
In this Part, the Community Housing Providers
National Law (Tasmania) Act 2013* is referred
to as the Principal Act.
5. Section 9 amended (Relevant Minister)
Section 9 of the Principal Act is amended by
omitting “Homes Act 1935” and substituting
“Homes Tasmania Act 2022”.
*No. 21 of 2013
Housing Land Supply (Miscellaneous Amendments) Act 2026
Act No. of 2026
Part 3 – Housing Land Supply Act 2018 Amended s. 6
5
PART 3 – HOUSING LAND SUPPLY ACT 2018
AMENDED
6. Principal Act
In this Part, the Housing Land Supply Act 2018*
is referred to as the Principal Act.
7. Section 4 amended (Housing land supply orders)
Section 4 of the Principal Act is amended by
omitting subsection (5) and substituting the
following subsections:
(5) Section 47(3), (3A), (4), (5), (6) and (7)
of the Acts Interpretation Act 1931 apply
to an order under subsection (1) as if the
order were regulations within the
meaning of that Act.
(5A) Notification of a housing land supply
order in accordance with subsection (4)
is taken to be publication of the order for
the purposes of section 47(3)(a) of the
Acts Interpretation Act 1931.
(5B) A housing land supply order is not a
statutory rule for the purposes of the
Rules Publication Act 1953.
*No. 8 of 2018
Housing Land Supply (Miscellaneous Amendments) Act 2026
Act No. of 2026
s. 8 Part 3 – Housing Land Supply Act 2018 Amended
6
8. Section 6 amended (Inclusion of intended zones in
housing land supply orders)
Section 6(2)(ab) of the Principal Act is amended
by omitting subparagraph (i).
9. Section 7 amended (Modifications of planning
requirements that may be specified in housing land
supply order)
Section 7 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) In addition to or in substitution of a
provision specified in subsection (2), a
housing land supply order may include,
for the purposes of section 4(3), one or
more of the following in relation to an
area of land, or a part of an area of land,
that is specified in the housing land
supply order to be housing supply land:
(a) a draft of a site-specific
qualification that is to –
(i) be included in the
applicable planning
scheme; or
(ii) modify an existing
provision of the
applicable planning
scheme;
Housing Land Supply (Miscellaneous Amendments) Act 2026
Act No. of 2026
Part 3 – Housing Land Supply Act 2018 Amended s. 10
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(b) a draft of a specific area plan that
is to –
(i) be included in the
applicable planning
scheme; or
(ii) modify an existing
provision of the
applicable planning
scheme.
10. Section 8 amended (Amendment of housing land
supply orders)
Section 8 of the Principal Act is amended by
omitting subsection (6) and substituting the
following subsections:
(6) Section 47(3), (3A), (4), (5), (6) and (7)
of the Acts Interpretation Act 1931 apply
to an order under subsection (1) as if the
order were regulations within the
meaning of that Act.
(7) Notification of an order, under
subsection (1), in accordance with
subsection (5) is taken to be publication
of the order for the purposes of section
47(3)(a) of the Acts Interpretation Act
1931.
(8) An order under subsection (1) is not a
statutory rule for the purposes of the
Rules Publication Act 1953.
Housing Land Supply (Miscellaneous Amendments) Act 2026
Act No. of 2026
s. 11 Part 3 – Housing Land Supply Act 2018 Amended
8
11. Part 2, Division 2: Heading amended
Division 2 of Part 2 of the Principal Act is
amended by omitting “Consultation and
parliamentary scrutiny in respect of proposed
orders” from the heading to that Division and
substituting “Consultation in respect of
proposed orders”.
12. Section 9 repealed
Section 9 of the Principal Act is repealed.
13. Section 10 amended (Consultation to occur before
housing land supply orders put before Parliament)
Section 10 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) “laying
before both Houses of Parliament in
accordance with section 9 the proposed
order in the form of the order to be made
under section 4(1) or section 8(1)” and
substituting “making the order”;
(b) by omitting subsection (2) and
substituting the following subsection:
(2) The Minister must not make an
order under section 4(1) or
section 8(1) if –
(a) before making the order,
the Minister wishes to
alter the order from the
Housing Land Supply (Miscellaneous Amendments) Act 2026
Act No. of 2026
Part 3 – Housing Land Supply Act 2018 Amended s. 14
9
proposed order that was
publicly exhibited in
accordance with
section 12; and
(b) the alteration of the order
significantly changes
either the character or
effect of the proposed
order; and
(c) the order so altered was
not publicly exhibited in
accordance with
section 12.
14. Section 13A substituted
Section 13A of the Principal Act is repealed and
the following sections are substituted:
13A. Notice to be given of decision not to proceed
with proposed order
If, after complying with the requirements
of section 10 in relation to a proposed
order in relation to an area of land, the
Minister decides not to make the order
under this Act, the Minister must ensure
that –
(a) as soon as practicable after the
decision is made, a notice
specifying each of the following
matters is to be published in the
Gazette:
Housing Land Supply (Miscellaneous Amendments) Act 2026
Act No. of 2026
s. 14 Part 3 – Housing Land Supply Act 2018 Amended
10
(i) the decision and the
reasons for the decision;
(ii) the proposed order to
which the decision
relates; and
(b) a copy of the notice referred to in
paragraph (a) in respect of the
decision is –
(i) tabled in each House of
Parliament; and
(ii) given to each interested
person, and each person
who made a submission
under section 13(1), in
relation to the area of
land; and
(c) the following information is made
available for viewing by members
of the public, on a website
operated by or on behalf of the
Department, for a period of at
least 6 months after the decision
was made in respect of the
proposed order:
(i) a copy of the notice
referred to in
paragraph (a) in respect of
the decision;
(ii) each submission made
under section 13(1) in
Housing Land Supply (Miscellaneous Amendments) Act 2026
Act No. of 2026
Part 3 – Housing Land Supply Act 2018 Amended s. 14
11
relation to the proposed
order and the Minister’s
response in relation to
each of the submissions.
13B. Notice to be given if certain orders are made
(1) If, after complying with the requirements
of section 10 in relation to a proposed
order, the Minister makes the order under
section 4(1) or section 8(1), the Minister
must ensure that a notice is published, on
the website operated by or on behalf of
the Department, that –
(a) specifies the reasons why the
Minister made the order; and
(b) specifies the grounds on which
the Minister is satisfied that the
order does not contravene
section 5(2) or section 6(1) or (2),
if relevant; and
(c) includes a copy of –
(i) each submission made
under section 13(1) in
relation to the order; and
(ii) the Minister’s response in
respect of each such
submission; and
(d) if the order was altered between
consultation under section 10(2),
includes a statement as to –
Housing Land Supply (Miscellaneous Amendments) Act 2026
Act No. of 2026
s. 15 Part 3 – Housing Land Supply Act 2018 Amended
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(i) how, and why, the order
was altered; and
(ii) whether the order so
altered was publicly
exhibited in accordance
with section 12.
(2) The information published, on a website
as required under subsection (1), in
respect of a housing land supply order is
to remain available for viewing by
members of the public for a period of at
least 6 months after the order was made.
15. Section 14 amended (Revocation of housing land
supply order)
Section 14 of the Principal Act is amended by
omitting subsection (5) and substituting the
following subsection:
(5) An order under subsection (1) is not a
statutory rule for the purposes of the
Rules Publication Act 1953.
16. Section 15 substituted
Section 15 of the Principal Act is repealed and
the following section is substituted:
15. Notice to be given that land has ceased to be
housing supply land
(1) As soon as practicable after making an
order under section 14(1), the Minister is
Housing Land Supply (Miscellaneous Amendments) Act 2026
Act No. of 2026
Part 3 – Housing Land Supply Act 2018 Amended s. 16
13
to ensure that a notice is made available
for viewing by members of the public, on
a website operated by or on behalf of the
Department, that –
(a) specifies –
(i) that an area of land to
which the order relates is
to cease, or has ceased, to
be housing supply land;
and
(ii) the day on which the area
of land is to cease, or has
ceased, to be housing
supply land; and
(iii) the reasons why the
Minister has made the
order; and
(iv) the grounds, under
section 14(2), on which
the order was made; and
(b) includes a copy of the order made
under section 14(1); and
(c) contains such other information
in relation to the order as the
Minister thinks fit.
(2) A notice under subsection (1) in respect
of an order under section 14(1) is to
remain available for viewing by members
of the public, in accordance with that
Housing Land Supply (Miscellaneous Amendments) Act 2026
Act No. of 2026
s. 17 Part 3 – Housing Land Supply Act 2018 Amended
14
subsection, for at least 6 months after the
order takes effect.
17. Section 18A inserted
Before section 19 of the Principal Act, the
following section is inserted in Part 4:
18A. Effect of Part
For the purposes of this Act, if a housing
land supply order includes, or requires,
an alteration or amendment under this
Part, that alteration or amendment is
taken to have effect from the day on
which the relevant housing land supply
order takes effect.
18. Section 19 amended (Alteration of zoning of
housing supply land)
Section 19 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) As soon as practicable after a housing
land supply order is made that specifies
an intended zone in relation to an area of
land or part of an area of land to which
the order relates, the Minister, by notice
in writing to the Commission, is to direct
the Commission to amend the zoning
map in relation to the area of land or the
part.
Housing Land Supply (Miscellaneous Amendments) Act 2026
Act No. of 2026
Part 3 – Housing Land Supply Act 2018 Amended s. 19
15
19. Section 20 amended (Alteration of planning
provisions in relation to housing supply land)
Section 20 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) As soon as practicable after a housing
land supply order is made that requires
an amendment to a planning scheme, the
Minister is to direct the Commission to
amend the applicable planning scheme in
relation to the area of land or part,
respectively.
20. Section 21 amended (Directions to amend planning
scheme where land ceases to be housing supply
land)
Section 21(1) of the Principal Act is amended by
omitting “to the area of land” and substituting
“to the area of land if the relevant housing land
supply order required an amendment to that
planning scheme”.
21. Section 23 amended (Taking effect of, and notice of,
amendment of planning scheme)
Section 23 of the Principal Act is amended as
follows:
(a) by omitting paragraphs (a) and (b) from
subsection (2) and substituting the
following paragraphs:
Housing Land Supply (Miscellaneous Amendments) Act 2026
Act No. of 2026
s. 22 Part 3 – Housing Land Supply Act 2018 Amended
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(a) is to give notice of the
amendment to –
(i) the interested persons, for
the purposes of
section 11, in relation to
the land; and
(ii) each person who made a
submission under
section 13(1) in relation to
the area of land; and
(b) is to publish in a newspaper that
is published, and circulates
generally, in Tasmania a notice –
(i) that the amendment has
been made; and
(ii) specifying the day on
which the amendment
took effect.
(b) by omitting subsection (3).
22. Section 25A inserted
After section 25 of the Principal Act, the
following section is inserted in Part 4:
25A. Amendments to applicable planning scheme
void in certain circumstances
(1) If a planning scheme is amended under
section 19, section 20, section 21 or
section 22 as a result of an order made
Housing Land Supply (Miscellaneous Amendments) Act 2026
Act No. of 2026
Part 3 – Housing Land Supply Act 2018 Amended s. 22
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under this Act, the amendments are taken
to be void if –
(a) the order is required to be tabled
in each House of Parliament in
accordance with section 47 of the
Acts Interpretation Act 1931; and
(b) the order is void under section
47(3A) of that Act or disallowed
under section 47(4) of that Act.
(2) If amendments to a planning scheme are
taken to be void under subsection (1) –
(a) as soon as practicable after the
Minister becomes aware that the
relevant order is void or
disallowed under section 47 of
the Acts Interpretation Act 1931,
the Minister is to notify –
(i) the Commission; and
(ii) each interested person, for
the purposes of
section 11, in relation to
the land to which the
order relates; and
(iii) each person who made a
submission under
section 13(1) in relation to
the order; and
Housing Land Supply (Miscellaneous Amendments) Act 2026
Act No. of 2026
s. 23 Part 3 – Housing Land Supply Act 2018 Amended
18
(b) the Commission is to revoke the
amendments to the planning
scheme; and
(c) the revocation of those
amendments does not affect the
validity of any action taken in
accordance with the planning
scheme so amended.
23. Section 30 inserted
After section 29 of the Principal Act, the
following section is inserted in Part 5:
30. Transitional provision on commencement of
Housing Land Supply (Miscellaneous
Amendments) Act 2026
This Act, as in force immediately before
the commencement of the Housing Land
Supply (Miscellaneous Amendments) Act
2026, applies to a proposed order if
notice of the proposed order has been
given under section 12(1) of this Act
before the commencement of the
Housing Land Supply (Miscellaneous
Amendments) Act 2026.
Government Printer, Tasmania