Tasmania bill

Land Use Planning and Approvals (Miscellaneous Amendments) Bill 2026

TASIntroducedFull text

Jurisdiction

Tasmania

Making Date

2026-01-01

Collection

bill

Parliamentary Progress

IntroducedFirst ReadingSecond ReadingCommitteePassed HousePassed SenatePassed BothRoyal Assent

Plain English Summary

5/10 complexity

**What this Bill changes (mechanically)

Adds an explicit spatial tool to State Planning Provisions (SPPs): the SPPs may now include a map, overlay, list or other provision that shows how the SPPs apply to particular land (s. 4).
Broadens when interim changes to the SPPs can be made: the commission may recommend interim SPP amendments not only for "safety" or a "prescribed circumstance" but for "any other matter recommended by the Commission" (s. 5).
Adjusts Local Provision Schedule (LPS) consistency tests and timing rules with respect to Tasmanian planning policies (TPPs): the LPS must be consistent with the TPPs (replacing a prior wording), clarifies how to determine the relevant time for which regional strategies are assessed, and creates limited exceptions where the TPP-consistency requirement does not apply to certain amendments (s. 6).
Changes the rules about requests for additional information from applicants: when a planning authority asks for more information, the statutory time limits for deciding an application stop running for the period between the request and the authority notifying the applicant that the information is satisfactory; the authority must tell the applicant within 8 business days after receiving the information whether the request has been satisfied, and if not it must ask for more and say that the statutory time limits have not restarted (s. 7).
Clarifies how office closures affect time limits for discretionary permit applications: if the decision period includes days when the office is closed during normal business hours, the decision period (and a related time period) is extended by one day for each such closed day (s. 8).

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Source excerpts

Direct links to excerpts of the current source text in Land Use Planning and Approvals (Miscellaneous Amendments) Bill 2026.

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Document excerpt 1

Land Use Planning and Approvals (Miscellaneous Amendments) Bill 2026

[Bill 22]-VII TASMANIA

LAND USE PLANNING AND APPROVALS (MISCELLANEOUS AMENDMENTS) BILL 2026

CONTENTS PART 1 – PRELIMINARY

Short title
Commencement PART 2 – LAND USE PLANNING AND APPROVALS ACT 1993 AMENDED
Principal Act
Section 14 amended (Contents of State Planning Provisions)
Section 30NB amended (Interim SPPs amendments)
Section 34 amended (LPS criteria)
Section 54 amended (Additional information)
Section 57 amended (Applications for discretionary permits) PART 3 – LOCAL GOVERNMENT (BUILDING AND MISCELLANEOUS PROVISIONS) ACT 1993 AMENDED
Principal Act
Section 80 amended (Interpretation of Part 3) PART 4 – REPEAL OF ACT
Repeal of Act

[Bill 22] 3 LAND USE PLANNING AND APPROVALS (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 Land Use Planning and Approvals Act 1993 and the Local Government (Building and Miscellaneous Provisions) Act 1993 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 Land Use Planning and Approvals (Miscellaneous Amendments) Act
Commencement This Act commences on the day on which this Act receives the Royal Assent.

Land Use Planning and Approvals (Miscellaneous Amendments) Act 2026 Act No. of 2026 s. 3 Part 2 – Land Use Planning and Approvals Act 1993 Amended 4 PART 2 – LAND USE PLANNING AND APPROVALS ACT 1993 AMENDED 3. Principal Act In this Part, the Land Use Planning and Approvals Act 1993* is referred to as the Principal Act. 4. Section 14 amended (Contents of State Planning Provisions) Section 14(1) of the Principal Act is amended by inserting after paragraph (g) the following paragraph: (ga) may contain a map, overlay, list or other provision that provides for the spatial application of the SPPs to land; and 5. Section 30NB amended (Interim SPPs amendments) Section 30NB(4)(a) of the Principal Act is amended by omitting “safety or a prescribed circumstance or matter” and substituting “safety, a prescribed circumstance or matter or any other matter recommended by the Commission”.

*No. 70 of 1993

Land Use Planning and Approvals (Miscellaneous Amendments) Act 2026 Act No. of 2026 Part 2 – Land Use Planning and Approvals Act 1993 Amended s. 6 5 6. Section 34 amended (LPS criteria) Section 34 of the Principal Act is amended as follows: (a) by omitting paragraph (da) from subsection (2) and substituting the following paragraph: (da) is consistent with the TPPs; and (b) by omitting from subsection (2)(e) “is situated”; (c) by inserting in subsection (2)(e) “is situated, being the regional land use strategy in force at the relevant time” after “relates”; (d) by omitting subsection (2A) and substituting the following subsection: (2A) For the purposes of subsection (2)(e), the relevant time is – (a) in the case of a draft LPS or an LPS, the time at which the relevant planning authority provides the Commission with a report under section 35F(1); or (b) in the case of a draft amendment of an LPS or an amendment of an LPS

Land Use Planning and Approvals (Miscellaneous Amendments) Act 2026 Act No. of 2026 s. 6 Part 2 – Land Use Planning and Approvals Act 1993 Amended 6 prepared pursuant to a direction under section 35KB(1), the time at which the planning authority provides the Commission with a report under section 35F(1); or (c) in the case of a draft amendment of an LPS or an amendment of an LPS that is not prepared pursuant to a direction under section 35KB(1), the time at which the draft of the amendment is certified under section 40F. (e) by inserting the following subsections after subsection (3): (4) Subsection (2)(da) does not apply to an amendment of a draft LPS if – (a) on the day on which the planning authority provided the Commission with a report under section 35F(1) in respect of the draft LPS, the TPPs were not in effect; and

Land Use Planning and Approvals (Miscellaneous Amendments) Act 2026 Act No. of 2026 Part 2 – Land Use Planning and Approvals Act 1993 Amended s. 7 7 (b) the amendment of the draft LPS was prepared pursuant to a direction issued, under section 35KB(1), in respect of the draft LPS. (5) Subsection (2)(da) does not apply to a draft amendment of an LPS if – (a) on the day on which the draft amendment was certified, under section 40F, the TPPs were not in effect; and (b) on the day on which the Land Use Planning and Approvals (Miscellaneous Amendments) Act 2026 commences, the Commission has not determined the amendment in accordance with section 40Q. 7. Section 54 amended (Additional information) Section 54 of the Principal Act is amended as follows: (a) by omitting subsection (2) and substituting the following subsection:

Land Use Planning and Approvals (Miscellaneous Amendments) Act 2026 Act No. of 2026 s. 7 Part 2 – Land Use Planning and Approvals Act 1993 Amended 8 (2) If the planning authority serves a notice under subsection (1) requiring the applicant to provide additional information, the relevant period referred to in section 57(6)(b) or 58(2) does not run for the period beginning on the day on which the notice under subsection (1) is served on the applicant and ending on the day on which the planning authority notifies the applicant under subsection (3)(a) that the request for additional information has been answered to its satisfaction. (b) by omitting subsection (3) and substituting the following subsection: (3) The planning authority must, within 8 business days after the day on which it receives the additional information under subsection (1), notify the applicant in writing – (a) whether the request for information has been answered to its satisfaction; and (b) if it is not satisfied, require the applicant to provide it with the additional information

Land Use Planning and Approvals (Miscellaneous Amendments) Act 2026 Act No. of 2026 Part 2 – Land Use Planning and Approvals Act 1993 Amended s. 8 9 and advise the applicant that the timeframes referred to in section 57(6)(b) or 58(2) have not recommenced. 8. Section 57 amended (Applications for discretionary permits) Section 57 of the Principal Act is amended by omitting subsection (5AA) and substituting the following subsection: (5AA) If the time period specified in subsection (5) includes any days on which the office of the planning authority is closed during normal business hours, the period is extended by one additional day for each such day, and the time period referred to in subsection (6)(b) is extended by the same number of days.

Land Use Planning and Approvals (Miscellaneous Amendments) Act 2026 Act No. of 2026 s. 9 Part 3 – Local Government (Building and Miscellaneous Provisions) Act 1993 Amended 10 PART 3 – LOCAL GOVERNMENT (BUILDING AND MISCELLANEOUS PROVISIONS) ACT 1993 AMENDED 9. Principal Act In this Part, the Local Government (Building and Miscellaneous Provisions) Act 1993* is referred to as the Principal Act. 10. Section 80 amended (Interpretation of Part 3) The definition of subdivide in section 80(1) of the Principal Act is amended as follows: (a) by inserting in paragraph (e) “or” after “land;”; (b) by inserting the following paragraph after paragraph (e): (f) a lease or licence for the installation, operation or maintenance of telecommunications or digital facilities, renewable energy infrastructure or other utility infrastructure that is reasonably necessary for or incidental to those purposes;

*No. 96 of 1993

Land Use Planning and Approvals (Miscellaneous Amendments) Act 2026 Act No. of 2026 Part 4 – Repeal of Act s. 11 11 PART 4 – REPEAL OF ACT 11. Repeal of Act This Act is repealed on the first anniversary of the day on which it commenced. Government Printer, Tasmania

Source text

Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.