12Existing uses and developments

### 12 Existing uses and developments > *\[Section 12 Subsection (1) amended by No. 6 of 1995, s. 4 \]*[*\[Section 12 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-085#JS4@Ja5@GC2@Hpc@EN) [*\[Section 12 Subsection (4) amended by No. 24 of 2014, s. 5, Applied:01 Jan 2015\]*](/view/html/inforce/2015-01-01/act-2014-024#GS5@EN) [*\[Section 12 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS10@EN) > > > (1)  Subject to [subsections (5)](#GS12@Gs5@EN) , [(6)](#GS12@Gs6@EN) and [(7)](#GS12@Gs7@EN) , nothing in a provision of a planning scheme, or of the Tasmanian Planning Scheme, in relation to a municipal area is to be taken (including by virtue of requiring a permit to be obtained) to – > > > > > > (a) prevent the continuance of the use, of any land, in the municipal area, upon which buildings or works are not erected, for the purposes for which the land was being lawfully used immediately before the provision came into effect; or > > > > > > > (b) prevent – > > > > > > > > > > (i) the use, of any building in the municipal area that was erected before that provision came into effect in relation to the municipal area, for any purpose for which the building was lawfully being used immediately before the provision came into effect in relation to the municipal area; or > > > > > > > > > > > (ii) the maintenance or repair of such a building; or > > > > > > > (c) prevent the use, of any works constructed in the municipal area before the provision came into effect in relation to the municipal area, for any purpose for which the works were being lawfully used immediately before the provision came into effect in relation to the municipal area; or > > > > > > > (d) prevent the use of any building, or works, in the municipal area, for any purpose for which it or they were being lawfully erected, or carried out, immediately before the provision came into effect in relation to the municipal area; or > > > > > > > (e) require the removal or alteration of any lawfully constructed buildings, or works, in the municipal area. > > > (2)  Nothing in a provision of a planning scheme, or the Tasmanian Planning Scheme, in relation to a municipal area is to be taken to prevent a development, in the municipal area – > > > > > > (a) [*\[Section 12 Subsection (2) amended by No. 21 of 2020, s. 6, Applied:28 Oct 2020\]*](/view/html/inforce/2020-10-28/act-2020-021#GS6@EN) that is a development in relation to which a permit, or a major project permit, is in force; and > > > > > > > (b) that is a development that was not completed before the provision came into effect in relation to the municipal area – > > > > from being completed within 3 years of that provision coming into effect in relation to the municipal area or any lesser or greater period specified in respect of the completion of that development under the terms of the permit or another permit or to prevent the use of the land on which the development is carried out for any use that is authorised by the permit. > > > (3)  Nothing in a provision of a planning scheme, or the Tasmanian Planning Scheme, in relation to a municipal area is to be taken to prevent a development, in the municipal area – > > > > > > (a) that is a development – > > > > > > > > > > (i) that was, before the commencement of the provision, a development in relation to which a permit under this Act was not required; and > > > > > > > > > > > (ii) [*\[Section 12 Subsection (3) amended by No. 12 of 2016, Sched. 1, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2016-012#JS1@Ja13@GC1@EN) in relation to which a permit, or a certificate of likely compliance, under the [Building Act 2016](/view/html/inforce/2026-04-12/act-2016-025) is in force; and > > > > > > > > > > > (iii) that was not completed before the provision came into effect in relation to the municipal area; or > > > > > > > (b) that is a development that was lawfully commenced but was not completed before the provision came into effect in relation to the municipal area – > > > > from being completed within 3 years of that provision coming into effect in relation to the municipal area or to prevent the use of the land for the purposes for which the development was carried out. > > > (4)  Nothing in a provision of a planning scheme, or the Tasmanian Planning Scheme, in relation to a municipal area is to be taken to prevent (including by virtue of requiring a permit to be obtained) the reconstruction of a building, or restoration of works, that is or are destroyed or damaged and was or were integral and subservient to a lawfully established existing use, whether or not the use conforms to the provision, if – > > > > > > (a) the destruction or damage was not caused intentionally by the owner of that building or those works; and > > > > > > > (b) the building or works was or were lawfully established before the provision came into effect in relation to the municipal area – > > > > or to prevent the use of the reconstructed building or works for the purposes for which they were reconstructed or restored. > > > (5)  [Subsections (1)](#GS12@Gs1@EN) , [(2)](#GS12@Gs2@EN) , [(3)](#GS12@Gs3@EN) and [(4)](#GS12@Gs4@EN) do not apply to, or in relation to, a use of land – > > > > > > (a) that has stopped for a continuous period of 2 years; or > > > > > > > (b) that has stopped for 2 or more periods which together total 2 years in any period of 3 years; or > > > > > > > (c) that is seasonal in nature, if the use does not take place for 2 years in succession. > > > (6)  [Subsection (1)](#GS12@Gs1@EN) does not apply to the extension or transfer from one part of a parcel of land to another of a use previously confined to the first-mentioned part of that parcel of land. > > > (7)  [Subsections (1)](#GS12@Gs1@EN) , [(2)](#GS12@Gs2@EN) , [(3)](#GS12@Gs3@EN) and [(4)](#GS12@Gs4@EN) do not apply to, or in relation to, a use, of any land, building or work, that is substantially intensified.