51Permits

### 51 Permits > > (1)  [*\[Section 51 Subsection (1) amended by No. 21 of 2020, s. 8, Applied:28 Oct 2020\]*](/view/html/inforce/2020-10-28/act-2020-021#GS8@EN) [*\[Section 51 Subsection (1) amended by No. 47 of 2015, s. 15, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS15@Hpb@EN) [*\[Section 51 Subsection (1) amended by No. 47 of 2015, s. 15, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS15@Hpa@EN) *\[Section 51 Subsection (1) substituted by No. 104 of 1995, s. 16 \]*A person must not commence any use or development which, under the provisions of a planning scheme, requires a permit unless the planning authority which administers the scheme, the Commission, or the Tribunal, has granted a permit in respect of that use or development and the permit is in effect or a major project permit has been granted in respect of that use or development and the permit is in effect. > > > (1A)  [*\[Section 51 Subsection (1A) amended by No. 47 of 2015, s. 15, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS15@Hpd@EN) [*\[Section 51 Subsection (1A) amended by No. 47 of 2015, s. 15, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS15@Hpc@EN) *\[Section 51 Subsection (1A) inserted by No. 104 of 1995, s. 16 \]*A person may apply to a planning authority which administers a planning scheme for the granting of a permit for a use or development which under that scheme requires a permit to be granted in respect of that use or development. > > > (1AA)  [*\[Section 51 Subsection (1AA) inserted by No. 24 of 2014, s. 40, Applied:01 Jan 2015\]*](/view/html/inforce/2015-01-01/act-2014-024#GS40@EN) An application is to be in a form, if any, approved by the Commission. > > > (1AB)  [*\[Section 51 Subsection (1AB) inserted by No. 26 of 2007, s. 16, Applied:01 Aug 2007\]*](/view/html/inforce/2007-08-01/act-2007-026#GS16@EN) A planning authority must not refuse to accept a valid application for a permit, unless the application does not include a declaration that the applicant has – > > > > > > (a) notified the owner of the intention to make the application; or > > > > > > > (b) obtained the written permission of the owner under [section 52](#GS52@EN) . > > > (1AC)  [*\[Section 51 Subsection (1AC) inserted by No. 26 of 2007, s. 16, Applied:01 Aug 2007\]*](/view/html/inforce/2007-08-01/act-2007-026#GS16@EN) For the purposes of [subsection (1AB)](#GS51@Gs1AB@EN) , a valid application is an application that contains all relevant information required by the planning scheme applying to the land that is the subject of the application. > > > (1B)  [*\[Section 51 Subsection (1B) amended by No. 47 of 2015, s. 15, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS15@Hpe@EN) *\[Section 51 Subsection (1B) inserted by No. 104 of 1995, s. 16 \]*If an undertaking is in respect of– > > > > > > (a) a combination of uses; or > > > > > > > (b) a combination of developments; or > > > > > > > (c) a combination of one or more uses and one or more developments– > > > > and under a planning scheme any of those uses or developments requires a permit to be granted in respect of them, a person, in one application, may apply to the planning authority for a permit with respect to that undertaking. > > > (2)  In determining an application for a permit, a planning authority – > > > > > > (a) must seek to further the objectives set out in [Schedule 1](#JS1@EN) ; and > > > > > > > (b) must take into consideration such of the prescribed matters as are relevant to the use or development the subject of the application; and > > > > > > > (c) [*\[Section 51 Subsection (2) amended by No. 32 of 2011, s. 7, Applied:25 Oct 2011\]*](/view/html/inforce/2011-10-25/act-2011-032#GS7@Hpa@EN) must take into consideration the matters set out in representations relating to the application that were made during the period referred to in [section 57(5)](#GS57@Gs5@EN) ; and > > > > > > > (d) [*\[Section 51 Subsection (2) amended by No. 32 of 2011, s. 7, Applied:25 Oct 2011\]*](/view/html/inforce/2011-10-25/act-2011-032#GS7@Hpb@EN) must accept – > > > > > > > > > > (i) any relevant bushfire hazard management plan, or other prescribed management plan relating to environmental hazards or natural hazards, that has been certified as acceptable by an accredited person or a State Service Agency; or > > > > > > > > > > > (ii) any certificate issued by an accredited person or a State Service Agency and stating that the proposed use or development will result in an insufficient increase in risk from the environmental hazard or natural hazard to warrant any specific protection measures. > > > (3)  *\[Section 51 Subsection (3) amended by No. 104 of 1995, s. 16 and s. 35 and Sched. 1 \]*[*\[Section 51 Subsection (3) substituted by No. 49 of 2001, s. 25, Applied:16 Jul 2001\]*](/view/html/inforce/2001-07-16/act-2001-049#GS25@EN) [*\[Section 51 Subsection (3) amended by No. 47 of 2015, s. 15, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS15@Hpf@EN) [*\[Section 51 Subsection (3) amended by No. 47 of 2015, s. 15, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS15@Hpg@EN) [*\[Section 51 Subsection (3) amended by No. 47 of 2015, s. 15, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS15@Hph@EN) [*\[Section 51 Subsection (3) amended by No. 47 of 2015, s. 15, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS15@Hpk@EN) [*\[Section 51 Subsection (3) amended by No. 47 of 2015, s. 15, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS15@Hpj@EN) [*\[Section 51 Subsection (3) amended by No. 47 of 2015, s. 15, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS15@Hpi@EN) [*\[Section 51 Subsection (3) amended by No. 47 of 2015, s. 15, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS15@Hpl@EN) [*\[Section 51 Subsection (3) substituted by No. 7 of 2021, s. 20, Applied:14 Jul 2021\]*](/view/html/inforce/2021-07-14/act-2021-007#GS20@EN) The decision of a planning authority on an application referred to in [subsection (1A)](#GS51@Gs1A@EN) or [(1B)](#GS51@Gs1B@EN) is to be made in accordance with the provisions of the planning scheme as in effect on the day on which the application is validly made, unless another subsection of this section applies in relation to the application. > > > (3AA)  [*\[Section 51 Subsection (3AA) inserted by No. 7 of 2021, s. 20, Applied:14 Jul 2021\]*](/view/html/inforce/2021-07-14/act-2021-007#GS20@EN) If – > > > > > > (a) an application, referred to in [subsection (1A)](#GS51@Gs1A@EN) or [(1B)](#GS51@Gs1B@EN) , is validly made to a planning authority after the end of the 7-day period after the planning authority has been directed under section 41(a) of this Act, as in force before the day on which section 10 of the Tasmanian Planning Scheme Amendment Act commenced, to modify, or alter to a substantial degree, a draft amendment of a planning scheme; and > > > > > > > (b) there is not in effect, on the day on which the application is validly made, an amendment, of the planning scheme, in the terms, or substantially in the terms, of the draft amendment of the planning scheme, modified or altered as required by the direction – > > > > the planning authority is to make the decision on the application in accordance with the provisions, of the planning scheme, as those provisions would be in effect on that day if an amendment of the planning scheme, in the terms, or substantially in the terms, of the draft amendment, modified or altered as required by the direction, were in effect on that day. > > > (3AB)  [*\[Section 51 Subsection (3AB) inserted by No. 7 of 2021, s. 20, Applied:14 Jul 2021\]*](/view/html/inforce/2021-07-14/act-2021-007#GS20@EN) If – > > > > > > (a) an application, referred to in [subsection (1A)](#GS51@Gs1A@EN) or [(1B)](#GS51@Gs1B@EN) , is validly made to a planning authority after the end of the 7-day period after the planning authority has been directed under [section 35K(1)(a)](#GS35K@Gs1@Hpa@EN) to modify a draft LPS; and > > > > > > > (b) there is not in effect, on the day on which the application is validly made, an LPS, in the terms, or substantially in the terms, of the draft LPS, modified as required by the direction – > > > > > > the planning authority is to make the decision on the application in accordance with the provisions, of the planning scheme, as those provisions would be in effect on that day if – > > > > > > > (c) an LPS, in the terms, or substantially in the terms, of the draft LPS modified in accordance with the direction, were in effect on that day; and > > > > > > > (d) the SPPs were, on that day, in effect in relation to the land to which the application relates. > > > (3AC)  [*\[Section 51 Subsection (3AC) inserted by No. 7 of 2021, s. 20, Applied:14 Jul 2021\]*](/view/html/inforce/2021-07-14/act-2021-007#GS20@EN) If – > > > > > > (a) an application, referred to in [subsection (1A)](#GS51@Gs1A@EN) or [(1B)](#GS51@Gs1B@EN) , is validly made to a planning authority after the end of the 7-day period after the planning authority has, in relation to a draft LPS, been directed under [section 35KB](#GS35KB@EN) to prepare an amendment, under [Part 3B](#HP3B@EN) , of an LPS made in the terms, or substantially in the terms, of the draft LPS; and > > > > > > > (b) there is not in effect on the day on which the application is validly made, an LPS in the terms, or substantially in the terms, of the draft LPS, modified as required by the direction – > > > > > > the planning authority is to make the decision on the application in accordance with the provisions, of the planning scheme, as those provisions would be in effect on that day if – > > > > > > > (c) an LPS, in the terms, or substantially in the terms, of the draft LPS, were in effect on that day; and > > > > > > > (d) an amendment of the LPS in the terms, or substantially in the terms, of the draft amendment of the LPS made in accordance with the direction, were in effect on that day; and > > > > > > > (e) the SPPs were in effect in relation to the land on that day. > > > (3AD)  [*\[Section 51 Subsection (3AD) inserted by No. 7 of 2021, s. 20, Applied:14 Jul 2021\]*](/view/html/inforce/2021-07-14/act-2021-007#GS20@EN) If – > > > > > > (a) an application, referred to in [subsection (1A)](#GS51@Gs1A@EN) or [(1B)](#GS51@Gs1B@EN) , is validly made to a planning authority after the end of the 7-day period after the planning authority has, in relation to a draft LPS, been directed under [section 35KB](#GS35KB@EN) to prepare an amendment, under [Part 3B](#HP3B@EN) , of an LPS made in the terms, or substantially in the terms, of the draft LPS; and > > > > > > > (b) there is in effect, on the day on which the application is validly made, an LPS, in the terms, or substantially in the terms, of the draft LPS; and > > > > > > > (c) there is no amendment of the LPS, in the terms, or substantially in the terms, of the draft amendment of the LPS prepared in accordance with the direction, that is in effect on that day – > > > > the planning authority is to make the decision on the application in accordance with the provisions, of the planning scheme, as those provisions would be in effect on that day if an amendment of the LPS, in the terms of a draft amendment of the LPS prepared in accordance with the direction, were in effect on that day. > > > (3AE)  [*\[Section 51 Subsection (3AE) inserted by No. 7 of 2021, s. 20, Applied:14 Jul 2021\]*](/view/html/inforce/2021-07-14/act-2021-007#GS20@EN) If – > > > > > > (a) an application, referred to in [subsection (1A)](#GS51@Gs1A@EN) or [(1B)](#GS51@Gs1B@EN) , is validly made to a planning authority after the end of the 7-day period after the planning authority has, in relation to a draft LPS, been directed under [section 35KB](#GS35KB@EN) to prepare an amendment, under [Part 3B](#HP3B@EN) , of an LPS made in the terms, or substantially in the terms, of the draft LPS; and > > > > > > > (b) the planning authority has been directed under [section 35K(1)(a)](#GS35K@Gs1@Hpa@EN) to modify a draft LPS but there is not in effect, on the day on which the application is validly made, an LPS, in the terms, or substantially in the terms, of the draft LPS, modified as required by the direction – > > > > > > the planning authority is to make the decision on the application in accordance with the provisions, of the planning scheme, as those provisions would be in effect on that day if – > > > > > > > (c) an LPS, in the terms, or substantially in the terms, of the draft LPS modified in accordance with the direction under [section 35K(1)(a)](#GS35K@Gs1@Hpa@EN) , were in effect on that day; and > > > > > > > (d) an amendment had been made, under [Part 3B](#HP3B@EN) , of an LPS in the terms, or substantially in the terms, of the draft of the amendment of the LPS that the planning authority has been directed under [section 35KB](#GS35KB@EN) to prepare; and > > > > > > > (e) the SPPs were, on that day, in effect in relation to the land to which the application relates. > > > (3AF)  [*\[Section 51 Subsection (3AF) inserted by No. 7 of 2021, s. 20, Applied:14 Jul 2021\]*](/view/html/inforce/2021-07-14/act-2021-007#GS20@EN) If – > > > > > > (a) an application, referred to in [subsection (1A)](#GS51@Gs1A@EN) or [(1B)](#GS51@Gs1B@EN) , is validly made to a planning authority after the end of the 7-day period after the planning authority has been directed under [section 40N](#GS40N@EN) to modify, or substantially modify, a draft amendment of an LPS; and > > > > > > > (b) there is no amendment of the LPS, substantially in the terms of the draft amendment of the LPS, modified, or substantially modified, in accordance with the direction that is in effect on that day – > > > > the planning authority is to make the decision on the application in accordance with the provisions, of the planning scheme, as they would be in effect on that day if an amendment of the LPS made in accordance with the direction were in effect in relation to the land on that day. > > > (3AG)  [*\[Section 51 Subsection (3AG) inserted by No. 7 of 2021, s. 20, Applied:14 Jul 2021\]*](/view/html/inforce/2021-07-14/act-2021-007#GS20@EN) If a permit in relation to land is granted, by a planning authority or the Appeal Tribunal, in accordance with a decision or determination that is made under this section or [section 62](#GS62@EN) in accordance with the provisions, of the planning scheme, as those provisions would be in effect in relation to land, the decision or determination, and the grant of the permit, are not to be taken to be made in contravention of the provisions of the planning scheme as in effect on the day on which the decision or determination is made. > > > (3A)  *\[Section 51 Subsection (3A) inserted by No. 104 of 1995, s. 16 \]*A permit to which [section 57](#GS57@EN) applies may be subject to such conditions or restrictions as the planning authority may impose. > > > (4)  [*\[Section 51 Subsection (4) amended by No. 47 of 2015, s. 15, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS15@Hpm@EN) *\[Section 51 Subsection (4) amended by No. 104 of 1995, s. 16 and s. 35 and Sched. 1 \]*A permit to which [section 58](#GS58@EN) applies may be granted subject to such conditions or restrictions as the planning authority may impose with respect to any matter specified in the relevant planning scheme.