56Minor amendments of permits issued by a planning authority

### 56 Minor amendments of permits issued by a planning authority > > (1)  [*\[Section 56 Subsection (1) amended by No. 24 of 2014, s. 43, Applied:01 Jan 2015\]*](/view/html/inforce/2015-01-01/act-2014-024#GS43@Hpa@EN) The owner of land, or a person with the consent of the owner, may request the planning authority in writing to amend a permit which applies to that land and which is a permit issued by the planning authority. > > > (1A)  [*\[Section 56 Subsection (1A) inserted by No. 16 of 2020, s. 8, Applied:30 Nov 2020\]*](/view/html/inforce/2020-11-30/act-2020-016#GS8@EN) A planning authority that receives a request under [subsection (1)](#GS56@Gs1@EN) to amend a permit – > > > > > > (a) must, within the 28-day period after the request was received, amend, or refuse to amend, the permit; and > > > > > > > (b) must, within 7 days – > > > > > > > > > > (i) after amending the permit, comply with [subsection (3)](#GS56@Gs3@EN) ; or > > > > > > > > > > > (ii) after refusing to amend the permit, give notice of the refusal to the person who made the request. > > > (2)  The planning authority may amend the permit if it is satisfied that the amendment – > > > > > > (aa) [*\[Section 56 Subsection (2) amended by No. 24 of 2014, s. 43, Applied:01 Jan 2015\]*](/view/html/inforce/2015-01-01/act-2014-024#GS43@Hpb@EN) is not an amendment of a condition or restriction, specified in the permit, that is required, imposed or amended by the Appeal Tribunal; and > > > > > > > (a) [*\[Section 56 Subsection (2) amended by No. 24 of 2014, s. 43, Applied:01 Jan 2015\]*](/view/html/inforce/2015-01-01/act-2014-024#GS43@Hpb@EN) does not change the effect of a condition or restriction, specified in the permit, that is required, imposed or amended by the Appeal Tribunal; and > > > > > > > (b) will not cause an increase in detriment to any person; and > > > > > > > (c) does not change the use or development for which the permit was issued other than a minor change to the description of the use or development. > > > (2A)  [*\[Section 56 Subsection (2A) inserted by No. 24 of 2014, s. 43, Applied:01 Jan 2015\]*](/view/html/inforce/2015-01-01/act-2014-024#GS43@Hpc@EN) An amendment of a condition or restriction specified in a permit is not to be taken to contravene [subsection (2)(a)](#GS56@Gs2@Hpa@EN) by reason only that other conditions or restrictions have been specified in the permit, or amended, by the Appeal Tribunal. > > > (2B)  [*\[Section 56 Subsection (2B) inserted by No. 24 of 2014, s. 43, Applied:01 Jan 2015\]*](/view/html/inforce/2015-01-01/act-2014-024#GS43@Hpc@EN) A condition or restriction (***the fresh condition or restriction***) specified by the planning authority in a permit is not to be taken, for the purposes of this section, to be required or imposed by the Appeal Tribunal if – > > > > > > (a) the fresh condition or restriction is to the same effect as a condition or restriction that was specified in the permit by the Appeal Tribunal before the planning authority specified the fresh condition or restriction in the permit; and > > > > > > > (b) [*\[Section 56 Subsection (2B) amended by No. 18 of 2021, s. 226, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS226@EN) the fresh condition or restriction is not referred to in the decision, in relation to the permit, of the Appeal Tribunal made under [section 78](/view/html/inforce/2026-04-12/act-2020-024#GS78@EN) of the [Tasmanian Civil and Administrative Tribunal Act 2020](/view/html/inforce/2026-04-12/act-2020-024) . > > > (3)  [*\[Section 56 Subsection (3) substituted by No. 84 of 1997, s. 19, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-084#GS19@EN) If the planning authority amends a permit, it must, by notice in writing served on – > > > > > > (a) the person who requested the permit to be amended; and > > > > > > > (b) if that person is not the owner of the land, the owner; and > > > > > > > (c) in the case of a permit granted under [section 57](#GS57@EN) , the owner or occupier of any property which adjoins the land; and > > > > > > > (d) any person who made a representation under [section 57(5)](#GS57@Gs5@EN) in relation to the application for the permit – > > > > notify those persons of the amendments made to the permit. > > > (4)  [*\[Section 56 Subsection (4) amended by No. 76 of 2007, Sched. 1, Applied:01 Jul 2008\]*](/view/html/inforce/2008-07-01/act-2007-076#JS1@Ja3@GC4@EN) [*\[Section 56 Subsection (4) inserted by No. 84 of 1997, s. 19, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-084#GS19@EN) If the planning authority amends a permit containing a condition or restriction which the Board of the Environment Protection Authority has required under [section 25(5) of the](/view/html/inforce/2026-04-12/act-1994-044#GS25@Gs5@EN) [Environmental Management and Pollution Control Act 1994](/view/html/inforce/2026-04-12/act-1994-044) , the planning authority must, by notice in writing served on the Board, notify it of the amendments made to the permit.