This law creates mandatory Tasmanian Sustainable Development Policies setting objectives and directions for land, environment and resource use, and a single, integrated assessment and approval pathway for declared “projects of State significance.” It lets the Minister/Governor centralise decisions, override inconsistent local planning and some statutory approvals, and impose enforceable conditions.
It mainly affects project proponents, councils, agencies and the public (through exhibition/representation), concentrating approval certainty and regulatory benefits for proponents while reducing some local control and review rights.
This Act establishes two principal regulatory frameworks: (1) a process for making Tasmanian Sustainable Development Policies (State Policies) that set state-wide policy and minimum regulatory content on matters of State significance (Part 2, ss 5-15A); and (2) an integrated assessment and approval regime for declared projects of State significance, including a carve‑out from ordinary planning, approval and judicial review processes and a mechanism for the Governor, on ministerial recommendation, to make binding orders specifying conditions and deemed approvals for such projects (Part 3, ss 16-28). It also requires the Tasmanian Planning Commission (the Commission) to produce State of the Environment Reports at five‑year intervals (Part 4, s 29) and sets out the Commission’s functions under the Act (Part 5, s 30). Miscellaneous provisions deal with evidentiary status of State Policies, fee power and the administration of the Act (Part 6, ss 44-48).
Mechanically, the Act:
Prescribes criteria a State Policy must meet, including that it furthers the Schedule 1 objectives and contain the minimum regulation necessary (s 5; Schedule 1). It sets a consultation and parliamentary‑approval pathway for State Policies (ss 6-11, 12, 15-15A).
Allows national environment protection measures to be taken as State Policies (s 12A).
Enables the Minister to recommend to the Governor that a project be declared a project of State significance; the Commission then undertakes an integrated assessment and reports to the Minister (ss 18, 20, 26). The Minister must decide on the Commission’s report within 28 days (s 26(4)).
Permits the Governor to make orders (on ministerial recommendation) approving or enabling projects to proceed on specified conditions. Such orders may deem permits, licences or approvals to have been issued under the Acts identified in the order (ss 26-27).
Current sections
Direct links to the current provisions in State Policies and Projects Act 1993.
State of the Environment Report means a report prepared under section 29 ;
State Policy means a Tasmanian Sustainable Development Policy.
(2) Words and expressions used both in this Act and in the Land Use Planning and Approvals Act 1993 have in this Act, unless the contrary intention appears, the same respective meanings as they have in that Act.
4
Act to bind Crown
4 Act to bind Crown
This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
Part 2
Tasmanian sustainable development policies
Part 2 Tasmanian sustainable development policies
5
Requirements for making of State Policies
5 Requirements for making of State Policies
(1) A State Policy –
(a) must seek to further the objectives set out in Schedule 1 ; and
(b) may be made only where there is, in the opinion of the Minister, a matter of State significance to be dealt with in the State Policy; and
(c) must seek to ensure that a consistent and co-ordinated approach is maintained throughout the State with respect to the matters contained in the State Policy; and
(d) must incorporate the minimum amount of regulation necessary to obtain its objectives.
(2) [Section 10 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] Where the Commission modifies a draft State Policy and it considers that the provisions of this Part should apply to the modification of the draft State Policy, the provisions of this Part apply to the modification as if it were a draft State Policy.
(4) The Governor may make a Tasmanian Sustainable Development Policy in accordance with a recommendation made under subsection (3) , and fix a day on which it will come into operation.
(5) Before it comes into operation, a State Policy must be notified in the Gazette.
(6) The Minister must cause a State Policy to be laid before each House of Parliament within the first 10 sitting days of the House after it is so notified.
(7) A State Policy is of no effect until it has been approved by both Houses of Parliament.
(8) For the purposes of subsection (7) , a House of Parliament is to be taken to have approved a State Policy if a copy of it has been laid on the table of that House and –
(a) it is approved by that House; or
(b) [Section 11 Subsection (8) amended by No. 21 of 1997, s. 9, Applied:01 Aug 1997] at the expiration of 10 sitting days after it was laid on the table of that House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or
(1) [Section 12 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] Where the Governor is satisfied, on the recommendation of the Minister, that it is necessary that a State Policy should come into operation without delay, the Governor may, at the same time as, or at any time after, a draft State Policy is placed on public exhibition at the Commission's office declare, by notice published in the Gazette, that the State Policy will come into operation on a temporary basis on a day specified in the notice.
(2) Where a notice has been published under subsection (1) , the State Policy comes into operation on the day specified in the notice.
(3) A State Policy that has come into operation under this section ceases to operate –
(a) if the Governor, by notice published in the Gazette, terminates its operation; or
(b) if either House of Parliament passes a resolution disallowing it; or
(c) if it is superseded by a State Policy that comes into operation under section 11 ; or
(d) in the case of a State Policy that has not already ceased to operate by virtue of paragraph (a) , (b) or (c) , at the expiration of 12 months from the day on which it came into operation.
(1) Where there is an inconsistency between a provision of a State Policy and a provision of a planning scheme or an interim order in force at the time when the State Policy comes into operation, the provision of the planning scheme or interim order is void to the extent of the inconsistency.
(1) The Minister may, by instrument in writing, delegate the implementation of a State Policy to another Minister specified in the instrument of delegation.
(2) The Minister may revoke, wholly or in part, or vary a delegation at any time.
(3) A delegation under this section may be made subject to such conditions as are specified in the instrument of delegation.
(4) A State Policy, the implementation of which has been delegated under this section, may be implemented only in accordance with the terms of the delegation and any conditions to which the delegation is subject.
(5) A State Policy, the implementation of which has been delegated under this section, that is implemented by a delegate is taken to have been implemented by the delegator.
(6) If the implementation of a State Policy is delegated to a particular Minister –
(a) the delegation does not cease to have effect merely because the person who was the particular Minister when the implementation of the State Policy was delegated ceases to be that Minister; and
(b) the State Policy may be implemented by the person for the time being occupying or acting in the office of that Minister.
(7) A State Policy, the implementation of which has been delegated under this section, may, notwithstanding the delegation, be implemented by the delegator.
(8) In all courts and before all persons acting judicially, an instrument purporting to be executed by a delegate in the capacity as a delegate is to be received in evidence as if it were an instrument executed by the delegator and is to be taken to be an instrument executed by the delegator.
13B
State Policies may require statutory authorities to undertake certain activities
13B State Policies may require statutory authorities to undertake certain activities
(1) Subject to subsection (3) , a State Policy may require a statutory authority or statutory office holder to undertake activities, perform functions and exercise powers specified in the State Policy.
(2) A statutory authority that, or statutory office holder who, undertakes activities, performs functions or exercises powers specified in a State Policy pursuant to a requirement under subsection (1) must, in doing so, seek to promote the principles contained in the State Policy and to further the objectives set out in Schedule 1 .
(3) A statutory authority or statutory office holder is not to be required to undertake activities, perform functions or exercise powers that are inconsistent with the statutory functions or powers of the statutory authority or statutory office holder.
(4) In this section –
statutory authority means an incorporated or unincorporated body which is established, constituted or continued by or under an Act or under the royal prerogative, being a body which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority;
statutory functions or powers, in relation to a statutory authority or statutory office holder, means the functions or powers conferred on the statutory authority or statutory office holder by an enactment;
statutory office holder means the holder of an office which is established by or under an enactment.
(1) A State Policy may adopt, either wholly or in part and with or without modification and either specifically or by reference, any of the standards, rules, codes, specifications, management plans or similar documents of any body approved by the Minister, whether the standards, rules, codes, specifications, management plans or documents are published, made or amended before or after the commencement of the State Policies and Projects Amendment Act 1997 .
(2) A reference in subsection (1) to standards, rules, codes, specifications, management plans or documents includes an amendment of those standards, rules, codes, specifications, management plans or documents whether the amendment is published, made or issued before or after the commencement of the State Policies and Projects Amendment Act 1997 .
14
Contraventions, &c., of State Policies
14 Contraventions, &c., of State Policies
(1) A person who contravenes or fails to comply with a provision of a State Policy or a requirement or obligation imposed under a State Policy is guilty of an offence punishable on summary conviction in accordance with subsection (2) .
(2) A person convicted of an offence under subsection (1) is liable to a fine not exceeding 500 penalty units, and a person who is so convicted in respect of a continuing contravention of or failure to comply with a provision of a State Policy or a requirement or obligation imposed under a State Policy –
(a) is liable, in addition to the fine otherwise applicable to that offence, to a fine for each day during which the contravention or failure to comply continued of not more than 50 penalty units; and
(b) if the contravention or failure to comply continues after the person is convicted, is guilty of a further offence against subsection (1) and is liable, in addition to the fine otherwise applicable to that further offence, to a fine for each day during which that contravention or failure to comply continued after that conviction of not more than 50 penalty units.
(1) The Minister or such other Minister as the first-mentioned Minister may determine must review a State Policy at least once within the period of 5 years from the date on which it came into operation and at least once within each period of 5 years from the date on which the last review was conducted.
(2) If after the completion of a review of a State Policy the Minister considers that an amendment is required to the State Policy, the provisions of section 15A apply to that amendment as if it were a proposed amendment submitted to the Minister under that section.
referred amendment means a proposed amendment to a State Policy, or that part of a proposed amendment to a State Policy, specified in a direction given under subsection (2) .
(2) [Section 15A Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] Where a proposed amendment to a State Policy has been submitted to the Minister, the Minister may give a written direction to the Commission to advise whether the Commission considers the proposed amendment, or that part of it specified in the direction, constitutes a significant change to the State Policy.
(a) publish a notice in the Gazette specifying the details of the referred amendment and that the Minister considers that the referred amendment does not constitute a significant change to the State Policy; and
(6) The referred amendment specified in the notice under subsection (5) takes effect on the date of publication of the notice in the Gazette.
(7) [Section 15A Subsection (7) amended by No. 17 of 1996, Applied:15 May 1998] If either House of Parliament passes a resolution within the first 5 sitting days after a notice referred to in subsection (5) is laid before it that the notice be disallowed, the amendment specified in the notice is void and, from that date of disallowance, the amendment ceases to have effect.
(8) [Section 15A Subsection (8) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] Where on receipt of advice from the Commission the Minister determines that a referred amendment constitutes a significant change to the State Policy, the Minister must give a written direction to the Commission to prepare a report on the referred amendment and the Commission must prepare a report in accordance with the direction.
(9) Where the Minister determines under subsection (8) that a referred amendment constitutes a significant change to the State Policy, the provisions of sections 6 , 8 , 9 , 10 , 11 and 12 apply in relation to the referred amendment as if it were a draft State Policy.
(10) For the purposes of this section, a referred amendment is taken to be a significant change to the State Policy to which it relates if it is a change which substantially alters the content or effect of the State Policy.
Part 3
Integrated assessment of projects of State significance
Part 3 Integrated assessment of projects of State significance
integrated assessment, in relation to a project of State significance, means a consideration of environmental, social, economic and community issues relevant to that project and such other issues as may be prescribed;
person proposing the project of State significance includes any person for the time being proposing to undertake the project of State significance or any use or development included in that project.
17
Guidelines for projects of State significance
17 Guidelines for projects of State significance
(1) The Minister may publish guidelines setting out the development approval process for projects of State significance.
(2) The guidelines must be published in the Gazette and in such other manner as the Minister considers will best bring them to the attention of persons having an interest in undertaking major development projects in the State.
(3) The Minister must cause guidelines published in accordance with subsection (2) to be laid on the table of both Houses of Parliament within 5 sitting days of being first published in the Gazette.
18
Declaration of project of State significance
18 Declaration of project of State significance
(1) If the Minister considers that a project is a project of State significance, the Minister may recommend to the Governor the making of an order declaring the project to be a project of State significance.
(2) The Governor may make an order in accordance with a recommendation made under subsection (1) .
(3) An order under subsection (2) must be published in the Gazette.
(a) may include the requirement that an order made under section 26 in respect of the project is of no effect until the order under section 26 has been approved, under that section, by resolution of each House of Parliament; and
(b) must include the requirement referred to in paragraph (a) if one or more of the persons proposing the project of State significance is –
(i) the Crown in right of Tasmania including, but not limited to, an Agency within the meaning of the Financial Management Act 2016 ; or
(4) The Minister must cause an order under subsection (2) to be laid before each House of Parliament within the first 10 sitting days of the House after it is so published.
(5) An order under subsection (2) is of no effect until it has been approved by both Houses of Parliament.
(6) For the purposes of subsection (5) , a House of Parliament is to be taken to have approved an order under subsection (2) if a copy of it has been laid on the table of that House and –
(a) it is approved by that House; or
(b) at the expiration of 15 sitting days after it was laid on the table of that House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or
(c) if any notice of a motion to disallow it is given during that period of 15 sitting days, the notice is, after the expiration of that period, withdrawn or the motion is negatived.
18A
Content of order declaring project to be a project of State significance
18A Content of order declaring project to be a project of State significance
[Section 18A Inserted by No. 3 of 2005, s. 5, Applied:12 Apr 2005] An order under section 18(2) declaring a project to be a project of State significance may include in the project any use or development which is necessary or convenient for the implementation of the project, whether or not the use or development is to be undertaken by or on behalf of any person named in the order.
18B
Part 3 continues to apply despite change in identity or number of proponents
18B Part 3 continues to apply despite change in identity or number of proponents
[Section 18B Inserted by No. 3 of 2005, s. 5, Applied:12 Apr 2005] Where an order under section 18(2) declaring a project to be a project of State significance is made, this Part continues to apply to the project despite any change in the identity or number of the persons proposing the project or any use or development included in the project.
19
Effect of order declaring a project of State significance
19 Effect of order declaring a project of State significance
(2) [Section 21 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] Where the council of a municipality or an agency is notified under subsection (1) , it may, within 28 days after receipt of the notification or within such longer period as the Commission may allow, give to the Commission submissions setting out its views in relation to the project of State significance.
22
Preparation and public exhibition of draft integrated assessment report
22 Preparation and public exhibition of draft integrated assessment report
(a) cause a copy of the draft report, and any submissions received under section 21(2) , to be placed on public exhibition at its office for a period of at least 28 days; and
(b) advertise, as prescribed, the exhibition of the draft report.
23
Representations in respect of draft integrated assessment report
23 Representations in respect of draft integrated assessment report
(2) [Section 25 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] Where the Commission modifies a draft integrated assessment report and it considers the provisions of this Part should apply to the modification of the report, the provisions of this Part apply to the modification as if it were a draft integrated assessment report.
26
Recommendation to Minister on project of State significance
26 Recommendation to Minister on project of State significance
(7) [Section 26 Subsection (7) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] Where the Minister does not recommend to the Governor the making of an order in accordance with a report of the Commission, the Minister may recommend to the Governor the making of an order enabling the project of State significance to proceed on conditions, and specifying –
(9) An order under subsection (8) is of no effect until it has been approved by resolution of each House of Parliament.
(10) The Clerk of the House by which a resolution referred to in subsection (9) is passed must publish notice of the resolution in the Gazette as soon as possible after it is passed.
26A
Recommendation to Minister relating to additional conditions
26A Recommendation to Minister relating to additional conditions
(1) After the making of an order under section 26(6) or (8) , the Commission may submit a report to the Minister recommending that an order be made specifying additional conditions subject to which the project of State significance should proceed.
(2) Where the Commission submits a report to the Minister under subsection (1) , it must specify –
(a) the additional conditions; and
(b) the Act pursuant to which, and the permit, licence or other approval in which, each condition would normally be imposed; and
(c) the agency responsible for the enforcement of each condition.
(3) The Commission must publish notice of its report under subsection (1) in the Gazette and must make the report publicly available.
(4) The Minister must make a decision with respect to the report within 28 days of receiving it.
(5) The Minister may recommend to the Governor the making of an order in accordance with the report of the Commission.
(6) The Governor may make an order in accordance with a recommendation made under subsection (5) .
(7) If the Governor makes an order under subsection (6) , the Minister must publish notice in the Gazette specifying details of the order.
(8) Subject to subsection (10) , the order takes effect on the date of publication of the notice in the Gazette.
(9) If the order made under subsection (6) relates to an order which was approved by resolution of each House of Parliament under section 26(9) , the Minister must cause the notice referred to in subsection (7) and the order made under subsection (6) to be laid before each House of Parliament within the first 10 sitting days of the House after the notice has been published.
(10) If either House of Parliament passes a resolution within the first 3 sitting days after the notice referred to in subsection (9) is laid before it that the order made under subsection (6) be disallowed, the order is void and, from the date of disallowance, the order ceases to have effect.
26B
Amendment of order approving project of State significance
26B Amendment of order approving project of State significance
(2) The Minister may give a written direction to the Commission requiring it to advise whether or not an amending order should be made.
(3) Where the Commission receives a direction under subsection (2) , it must provide the Minister, within the time specified by the Minister in the direction, with a report advising whether or not an amending order should be made.
(4) The Commission may of its own volition provide the Minister with a report recommending that an amending order should be made.
(5) Where a report of the Commission recommends that an amending order should be made which would include conditions subject to which the project of State significance may proceed, the report must specify –
(a) those conditions; and
(b) the Act pursuant to which, and the permit, licence or other approval in which, each condition would normally be imposed; and
(c) the agency responsible for the enforcement of each condition.
(6) The Commission must publish notice of a report to the Minister under subsection (3) or (4) in the Gazette and must make the report publicly available.
(7) The Minister must make a decision with respect to a report under subsection (3) or (4) within 28 days of receiving it.
(8) The Minister may recommend to the Governor the making of an order in accordance with a report of the Commission under subsection (3) or (4) .
(9) The Governor may make an order in accordance with the recommendation of the Minister.
(10) If the Governor makes an order under subsection (9) , the Minister must publish a notice in the Gazette specifying the details of the order.
(11) Subject to subsection (13) , the order takes effect on the date of publication of the notice in the Gazette.
(12) If the order relates to an order which was approved by resolution of each House of Parliament under section 26(9) , the Minister must cause the notice referred to in subsection (10) and the order to be laid before each House of Parliament within the first 10 sitting days of the House after the notice has been published.
(13) If either House of Parliament passes a resolution within the first 3 sitting days after the notice referred to in subsection (12) is laid before it that the order be disallowed, the order is void and, from the date of disallowance, the order ceases to have effect.
27
Effect of order approving project of State significance
27 Effect of order approving project of State significance
(a) subject to subsections (2) , (3) and (4) , the project of State significance may proceed on the conditions specified in the order; and
(b) a permit, licence or other approval is deemed to have been issued under the Act specified in the order in relation to each condition, and that Act applies as if such a permit, licence or other approval had been issued on the conditions set out in the order in relation to that Act; and
(c) the agency specified as the agency responsible for the enforcement of each condition must enforce the condition to the extent of its powers.
(a) subject to subsections (3) and (4) , the project of State significance may proceed on the conditions specified in the order; and
(b) a permit, licence or other approval is deemed to have been issued under the Act specified in the order in relation to each condition, and that Act applies as if such a permit, licence or other approval had been issued on the conditions set out in the order in relation to that Act; and
(c) the agency specified as the agency responsible for the enforcement of each condition must enforce the condition to the extent of its powers.
(a) subject to subsection (4) , the project of State significance may proceed on the conditions specified in the order; and
(b) a permit, licence or other approval is deemed to have been issued under the Act specified in the order in relation to each condition, and that Act applies as if such a permit, licence or other approval had been issued on the conditions set out in the order in relation to that Act; and
(c) the agency specified as the agency responsible for the enforcement of each condition must enforce the condition to the extent of its powers.
(4) An order to which this section relates may require the person proposing the project of State significance to apply for such other permits, licences or other approvals as may be necessary for the proposal to proceed and the person proposing the project of State significance must comply with the requirement.
27A
Amendment of planning schemes, &c., to remove inconsistencies
27A Amendment of planning schemes, &c., to remove inconsistencies
(1) As soon as practicable after an order under section 26(6) or (8) , 26A or 26B takes effect, the Commission must, in consultation with the relevant planning authority, amend any relevant planning scheme or special planning order to remove any inconsistency between it and the order.
(3) Where the Commission amends a planning scheme or special planning order under subsection (1) –
(a) the amendment is taken to have come into operation on the date on which the order under section 26(6) or (8) , 26A or 26B to which it relates was made; and
(b) the Commission must give notice, as prescribed, of the amendment.
28
Limitation on rights of appeal and other rights
28 Limitation on rights of appeal and other rights
(1) If the Commission is satisfied, at any time before the submission of its report to the Minister under section 26(1) , that there is no reasonable prospect that its report will contain a recommendation that a project of State significance should proceed, the Commission may submit a report to the Minister recommending that the order made under section 18(2) in relation to the project be revoked.
(2) Before the Commission submits a report to the Minister in accordance with subsection (1) , it must give to the person proposing the project of State significance a draft of the report.
(3) The person proposing the project of State significance may make a written submission to the Commission in relation to the draft of the report within 14 days of being given the draft.
(4) If a written submission is made under subsection (3) , the Commission must forward the submission to the Minister at the same time that it submits its report to the Minister.
(5) After considering the Commission's report and any submission made under subsection (3) , the Minister may recommend to the Governor the making of an order revoking the order made under section 18(2) .
(6) The Governor may make an order revoking the order made under section 18(2) in accordance with a recommendation made under subsection (5) .
(7) If an order is made under subsection (6) revoking an order that declared a project to be a project of State significance, any direction given by the Minister under section 20 in relation to the project is revoked.
(8) No action may be brought against the Crown or any servant or agent of the Crown for loss sustained by reason of the making of an order under subsection (6) .
Part 4
State of the environment reporting
Part 4 State of the environment reporting
29
Preparation of State of the Environment Reports
29 Preparation of State of the Environment Reports
(a) submit a State of the Environment Report produced by it to the Minister; and
(b) cause notice to be given, as prescribed, that the State of the Environment Report will be available to the public for inspection and purchase.
(3) The Minister must cause a State of the Environment Report to be laid on the table of each House of Parliament within the first 15 sitting days of the House after the Report is received by the Minister.
[Section 44 Amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] Evidence of a State Policy may be given in any court or tribunal or before any person acting judicially by the production of a document purporting to be a copy of the State Policy and purporting to be certified as a true copy by a person authorized, in writing, by the Commission.
45
State Policies to be judicially noticed
45 State Policies to be judicially noticed
A State Policy is a public document of which a court or tribunal or person acting judicially must take judicial notice without formal proof of its contents.
46
Regulations
46 Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) Without limiting the generality of subsection (1) , regulations under this section may –
(a) make provision for or with respect to –
(i) the payment and collection of fees by any person (including a planning authority) in relation to any act, matter or thing done or arising under this Act; and
(ii) the remission of, or exemption from liability for, any such fees; and
(b) be of general or specially limited application; and
(c) [Section 46 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] authorize any act, matter or thing in relation to which the regulations may be made to be from time to time determined, applied or regulated by such person as is specified in the regulations, being the Minister, the Commission or another person performing duties under this Act.
47
Requirement to pay fees
47 Requirement to pay fees
[Section 47 Amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] The Commission is not required to take any action under this Act, and any submission or representation which is lodged under this Act is not valid, unless any requirements imposed by regulations made under section 46 as to the payment of fees in respect of the taking of that action or the lodging of that submission or representation have been complied with.
47A
Validation of actions, &c., of delegates of Advisory Council
47A Validation of actions, &c., of delegates of Advisory Council
[Section 47A Inserted by No. 21 of 1997, s. 16, Applied:01 Aug 1997] Any hearing conducted, meeting held or decision made by the delegates of the Advisory Council considering the draft State Policy on Water Quality Management before the commencement of the State Policies and Projects Amendment Act 1997 is taken to have been validly conducted, held or made and any action taken by a person acting pursuant to a decision of those delegates before that commencement is deemed to be validly taken.
(a) the administration of this Act is assigned to the Minister for Environment and Land Management; and
(b) the Department responsible to the Minister for Environment and Land Management in relation to the administration of this Act is the Department of Environment and Land Management.
SCHEDULE 1 - Objectives of the
SCHEDULE 1 - Objectives of the Resource Management and Planning System of Tasmania
SCHEDULE 1 - Objectives of the SCHEDULE 1 - Objectives of the Resource Management and Planning System of Tasmania
1. The objectives of the resource management and planning system of Tasmania are –
(a) to promote the sustainable development of natural and physical resources and the maintenance of ecological processes and genetic diversity; and
(b) to provide for the fair, orderly and sustainable use and development of air, land and water; and
(c) to encourage public involvement in resource management and planning; and
(d) to facilitate economic development in accordance with the objectives set out in paragraphs (a) , (b) and (c) ; and
(e) to promote the sharing of responsibility for resource management and planning between the different spheres of Government, the community and industry in the State.
2. In clause 1(a) , sustainable development means managing the use, development and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic and cultural well-being and for their health and safety while –
(a) sustaining the potential of natural and physical resources to meet the reasonably foreseeable needs of future generations; and
(b) safeguarding the life-supporting capacity of air, water, soil and ecosystems; and
(c) avoiding, remedying or mitigating any adverse effects of activities on the environment.
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
This Act may be cited as the State Policies and Projects Act 1993 .
2 Commencement
2 Commencement
This Act commences on a day to be proclaimed.
3 Interpretation
3 Interpretation
(1) In this Act, unless the contrary intention appears –[Section 3 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998]
agency means –
(a) a department or other agency of government of the State or of the Commonwealth; or
(b) an authority of the State or of the Commonwealth established for a public purpose; or
(c) a planning authority; or
(d) the Municipal Association of Tasmania; or
(e) any other person undertaking a function for the public benefit;
[Section 3 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998][Section 3 Subsection (1) amended by No. 28 of 2009, s. 55, Applied:01 Sep 2009][Section 3 Subsection (1) amended by No. 28 of 2009, s. 55, Applied:01 Sep 2009]Commission means the Tasmanian Planning Commission established under the Tasmanian Planning Commission Act 1997 ;
[Section 3 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998]
State of the Environment Report means a report prepared under section 29 ;
State Policy means a Tasmanian Sustainable Development Policy.
(2) Words and expressions used both in this Act and in the have in this Act, unless the contrary intention appears, the same respective meanings as they have in that Act.
Provides that while an order under s 18 is in force, relevant Acts, planning schemes and interim orders “do not apply” to the uses or developments included in the order (s 19(1)).
Limits rights of appeal and review in relation to conditions specified in orders under the Part 3 regime (s 28(1)-(2)).
Imposes criminal penalties for contravention of State Policies (s 14).
Requires the Commission to prepare State of the Environment Reports every five years and to submit them to the Minister (s 29).
The Act vests substantial decision‑making discretion in the Minister, the Governor (acting on recommendation), and the Commission through procedural and substantive powers: the Minister decides whether a matter is of State significance (s 5(b)), recommends orders and delegates implementation (ss 11(3), 13A), the Governor makes orders (ss 11(4), 18(2), 26(6)/(8)), and the Commission prepares reports, conducts exhibitions and hearings, and recommends conditions (ss 6, 9, 20, 22, 24, 26). Several provisions require or permit parliamentary approval for orders or deem measures to be approved by both Houses (ss 11(7), 12A(1), 18(5), 26(9)). The Act also empowers the Commission and Minister to specify agencies responsible for enforcing conditions (s 26(2)(c); s 27(1)(c)).
The stated policy rationale is embedded in the text: State Policies must further the Schedule 1 objectives for sustainable development and planning (s 5(1)(a); Schedule 1). The integrated assessment must “seek to further” those same objectives and be undertaken in accordance with State Policies (s 20(5)(a)-(b)). Those are the statutory purposes; they are treated here as claims made by the instrument rather than proven outcomes.
Main concepts
The Act builds around a small set of recurring legal concepts. Key terms and concepts are defined and then drive the mechanics of the statute.
State Policy. Defined as a Tasmanian Sustainable Development Policy (s 3(1)). A State Policy must further Schedule 1 objectives, deal with a matter of State significance (in the Minister’s opinion), maintain consistency across the State, and incorporate the minimum amount of regulation necessary (s 5(1)(a)-(d)). State Policies may cover sustainable development, land use planning, land management, environmental management and protection, and prescribed matters (s 5A).
Commission. The Tasmanian Planning Commission is integral to both State Policies and project assessment processes. It prepares reports on draft State Policies when directed by the Minister (s 6), must undertake integrated assessments of declared projects when directed (s 20), prepares State of the Environment Reports (s 29) and otherwise performs functions imposed under the Act (s 30).
Project of State significance. Eligibility for the Part 3 regime requires a project to possess at least two enumerated attributes such as significant capital investment, significant environmental impact, or significant infrastructure requirements (s 16(1)). Integrated assessment is defined as consideration of environmental, social, economic and community issues relevant to the project (s 16(2)).
Integrated assessment and report. Once the Governor has declared a project of State significance (s 18), the Minister must direct the Commission to undertake an integrated assessment (s 20(1)). The Commission must exhibit a draft integrated assessment report and accept representations (ss 22-23), consider representations and hold hearings (s 24), and then report and recommend whether the project should proceed and on what conditions (s 26(1)-(2)).
Orders and deemed approvals. The Governor may make orders declaring a project of State significance (s 18) and later make orders approving a project on the terms recommended by the Minister (s 26(6), (8)). An order approving a project may specify conditions and is expressed to have the effect of deeming permits, licences or approvals to have been issued under the Acts specified in the order, and the relevant agencies are required to enforce those conditions to the extent of their powers (s 27(1)(b)-(c)).
Override and amendment of planning instruments. Where a State Policy is inconsistent with a planning scheme or interim order, the latter is void to the extent of the inconsistency (s 13(1)). Similarly, when an order approving a project takes effect the Commission must amend relevant planning schemes or orders to remove inconsistencies and those amendments are not subject to the Land Use Planning and Approvals Act 1993 processes (ss 13(3)-(5); 27A(1)-(3)).
Parliamentary oversight and timing. State Policies and many orders are subject to notification, laying before Parliament and approval by both Houses (s 11(5)-(8); s 18(4)-(6); s 26(9)). Interim State Policies can be declared for up to 12 months unless terminated (s 12).
Limits on review and enforcement rights. The Act limits appeals, proceedings and orders of review under the Judicial Review Act 2000 in respect of matters arising from conditions specified in orders under Part 3 (s 28(1)(a)-(c)), while allowing persons to require agencies to enforce those conditions (s 28(2)).
Delegation and binding effect. The Minister may delegate implementation of a State Policy to another Minister (s 13A). State Policies bind the Crown and councils (s 13C). State Policies may also require statutory authorities or office holders to undertake specified activities provided those requirements are not inconsistent with their statutory functions (s 13B).
Adoption by reference of external standards. State Policies may adopt standards, rules, codes and documents of other bodies, including post‑commencement amendments, wholly or in part, by reference or with modification (s 13D). This allows the Minister/State Policy to incorporate external technical standards without fresh parliamentary enactment.
These concepts interact to create a two‑track system: State Policies set high‑level objectives and standards for resource management and planning across the State; the Part 3 project regime creates a specialised approval pathway for projects declared of State significance that can displace ordinary planning and approval rules and curtail some forms of judicial review, while imposing conditions enforced by named agencies (ss 5-15A; 16-28; 27).
Who it affects
The Act assigns roles and obligations across public bodies, project proponents, local councils, statutory authorities and the public. Key affected actors and how they are affected, with statutory references, are as follows.
The Crown and Ministers. The Crown is bound by State Policies (s 13C). The Minister (to whom administration is assigned until otherwise ordered, s 48(a)) decides whether matters are of State significance (s 5(1)(b)), may recommend State Policies and orders to the Governor (ss 11(3), 26(5), 26(7)), must review State Policies every five years (s 15(1)), may publish guidelines (s 17), and may delegate the implementation of State Policies to another Minister (s 13A). The Governor makes orders on ministerial recommendation (ss 11(4), 18(2), 26(6)/(8)).
The Commission. The Tasmanian Planning Commission is the Act’s principal implementing agency. It must prepare reports on draft State Policies when directed (s 6), undertake integrated assessments when directed (s 20(1)), publish and exhibit drafts and receive representations (ss 6(2), 22-23), consider representations and hold hearings (ss 9, 24), prepare State of the Environment Reports every five years (s 29), and generally perform functions imposed by the Act (s 30).
Project proponents. Any person proposing to undertake a project (s 16(2) definition) that meets at least two of the attributes in s 16(1) may be declared a project of State significance by ministerial recommendation and gubernatorial order (s 18). Once declared, normally the ordinary approvals and consents otherwise required under other Acts or planning schemes do not apply to the extent of the order (s 19(1)). Proponents must engage in the integrated assessment process (ss 20, 22-26), may be required by orders to apply for other permits (s 27(4)), and may be subject to conditions and enforcement by agencies identified in orders (s 26(2)(c); s 27(1)(c)).
Councils and agencies. The Commission must notify the council of the municipality and each agency with an interest that an integrated assessment is being undertaken (s 21(1)). Councils and agencies may make submissions within 28 days of notification (s 21(2)). Councils are bound by State Policies (s 13C) and will have planning schemes amended by the Commission to incorporate State Policies or to remove inconsistencies (s 13(3), 27A(1)). Agencies may be specified in orders as responsible for enforcement of conditions (s 26(2)(c); s 27(1)(c)).
Statutory authorities and statutory office holders. State Policies may require statutory authorities or office holders to undertake activities specified in the policy (s 13B(1)), but not where such requirements would be inconsistent with their statutory functions (s 13B(3)). Definitions in s 13B clarify what is meant by statutory authority and statutory functions.
The public and interested persons. The Act provides for public exhibition of draft State Policies and draft integrated assessment reports (s 6(2)(a); s 22). Any person may submit representations to the Commission during exhibition periods (ss 8, 23). However, the Commission is not required to take action under the Act and representations are invalid unless fees prescribed by regulation have been paid (s 47).
Parliament. Both Houses have a formal oversight role: State Policies and many orders must be laid before each House and are of no effect until approved by both Houses (s 11(6)-(8); s 18(4)-(6); s 26(9)). In some circumstances an order approving a project is of no effect until approved by resolution of each House (s 26(9)), and the Clerk must publish notice of such resolutions (s 26(10)).
Who pays. Fees for actions, submissions or representations are to be prescribed by regulation and collected under regulations made under s 46; the Commission is not required to take action or accept submissions unless fee requirements are complied with (s 46(2)(a)(i)-(ii); s 47). The text therefore contemplates a fee burden on persons lodging submissions or seeking action under the Act.
Who decides. Decisions about declaring a State Policy (Minister recommendation and Governor making), designating projects of State significance (Minister recommendation and Governor making), specifying conditions and enforcement agencies (Commission recommendation; Minister decision within 28 days; Governor order) and whether amendments are significant (Commission advice; Minister determination under s 15A) are distributed across the Minister, Commission and Governor, with Parliament retaining approval roles for many final orders (ss 5, 6, 11, 18, 20, 26, 15A).
The Act changes incentives and allocation of authority: it centralises decision‑making on State Policies and major projects in the State executive and the Commission, limits ordinary local and statutory consent routes where orders apply (s 19(1)), creates a mechanism for conditions to be enforced by named agencies (s 27), and places a cost barrier to submissions through fees (s 47). It also grants the Minister and Commission discretion to determine consultation processes and whether modifications require fresh exhibition (s 10; s 20(4)).
Key duties and rights
This Act creates duties on Ministers, the Commission, agencies, councils, proponents and the public. It also creates rights such as rights to make representations and, in limited form, rights to require enforcement of conditions.
Duties
Ministerial duties. The Minister must review each State Policy at least once every five years (s 15(1)). Where a draft State Policy or an amendment is submitted, the Minister may direct the Commission to report on it (s 6(1); s 15A(2)). After receipt of a Commission report on a draft State Policy, the Minister may recommend to the Governor the making of a State Policy (s 11(3)). Where the Commission reports on a project, the Minister must make a decision within 28 days (s 26(4)), and may recommend to the Governor the making of an order in accordance with the report (s 26(5)). The Minister must cause State Policies and Commission reports to be laid before each House within specified timeframes (ss 11(6); 26(3); 29(2)-(3)).
Commission duties. The Commission must prepare reports directed by the Minister on draft State Policies (s 6(1)). When directed to undertake integrated assessment of a project, the Commission must do so in accordance with the direction, publish a draft integrated assessment report in consultation with councils and agencies, exhibit it for at least 28 days, advertise the exhibition, consider representations and hold hearings if required, and submit a report to the Minister on whether a project should proceed and on what conditions (ss 20-26; s 22(a)-(b); s 24(1)-(3)). The Commission must also prepare State of the Environment Reports at five‑year intervals and submit them to the Minister (s 29(1)-(2)). The Commission is further obliged, after a State Policy comes into operation, to amend planning schemes and special planning orders to incorporate relevant parts of the State Policy and remove inconsistencies (s 13(3), (5)).
Agency and council duties. When notified that the Commission is undertaking an integrated assessment, councils and agencies may make submissions within 28 days or such longer period as the Commission allows (s 21(2)). When an order approves a project, the agencies specified for enforcement must enforce the conditions to the extent of their powers (s 27(1)(c)).
Proponent duties. Proponents may be required by an order to apply for other permits, licences or approvals as necessary for the project to proceed (s 27(4)). Proponents of projects declared of State significance must engage in the integrated assessment process and respond to exhibition and hearing processes (ss 20, 22-25). If the Commission proposes revocation of an s 18 order under s 28A, the Commission must give the proponent a draft report before submitting it to the Minister and accept written submissions within 14 days (s 28A(2)-(4)).
Rights
Right to make representations. Any person may submit representations in relation to a draft State Policy during the 8‑week exhibition (s 6(2)(a); s 8) and in relation to a draft integrated assessment report during the exhibition period of at least 28 days (ss 22(a); 23). The Commission must consider those representations and may hold hearings (ss 9; 24).
Right to require enforcement. While the Act limits appeals and judicial review in respect of matters arising from conditions specified in orders (s 28(1)), s 28(2) preserves the right, for a person who would have had a right to require an agency to enforce a condition, to take action to require the agency to enforce that condition. In other words, private enforcement against agencies remains a route for some rights.
Parliamentary oversight rights. Parliament has the right to disallow or refuse to approve State Policies and many orders. A State Policy or order is of no effect until approved by both Houses (ss 11(7); 18(5); 26(9)), and specific disallowance periods are set out (e.g. s 11(8), s 18(6), s 26(9)).
Limitations on rights and duties
Fees. The Commission is not required to take action, and submissions are not valid, unless fee requirements made under regs are complied with (s 47). Regulations may set payment and remission/exemption rules for fees (s 46(2)(a)(i)-(ii)). This converts what would otherwise be a free‑standing right to make representations into a contingent right subject to fee compliance.
Limits on judicial review and appeals. The Act expressly excludes appeals, proceedings and orders of review under the Judicial Review Act 2000 in respect of matters arising from conditions in orders under Part 3 (s 28(1)(a)-(c)). That limitation is subject to s 28(2), which preserves the ability for persons to require agencies to enforce conditions where that right would otherwise exist.
Statutory authority limits. Although State Policies may require statutory authorities to undertake activities, such requirements cannot be inconsistent with the statutory functions or powers of those authorities (s 13B(3)). This preserves the primacy of underlying statutory mandates over State Policy directions.
Enforcement mechanisms
Criminal penalties exist for contravention of State Policy provisions or requirements: summary conviction, fine not exceeding 500 penalty units, and for continuing contraventions additional fines up to 50 penalty units per day (s 14(1)-(2)).
Orders approving projects create deemed permits and require the specified enforcement agency to enforce conditions to the extent of its powers (s 27(1)(b)-(c)). The Commission’s reports must identify the Act under which each condition would normally be imposed and the agency responsible for enforcement (s 26(2)(b)-(c)).
Together these duties and rights create a statutory system where policy is set and projects are assessed and approved by the State executive and the Commission, with public participation channels (subject to fees), enforcement allocated to named agencies, and constrained routes for judicial review in respect of specified matters.
Penalties and enforcement
Penalties
Contravention of State Policies. Section 14 expressly makes it an offence to contravene or fail to comply with a provision of a State Policy or a requirement or obligation imposed under a State Policy (s 14(1)). The specified penalty on summary conviction is a fine not exceeding 500 penalty units (s 14(2)). For continuing contraventions, the convicted person is liable to additional daily fines up to 50 penalty units per day for the duration of the continuing offence, and if the contravention continues after conviction the person may be guilty of a further offence with additional daily fines (s 14(2)(a)-(b)).
Criminal enforcement only. The Act frames contravention as an offence punishable on summary conviction; the text does not create a separate civil penalty regime for breaches of State Policies beyond criminal fines and the other enforcement pathways described below.
Administrative enforcement and deemed approvals
Deemed permits and agency enforcement. A core enforcement mechanism for projects of State significance is the deeming effect of an approving order. Where an order under s 26 takes effect, the order may specify conditions, and for each condition a permit, licence or approval is deemed to have been issued under the Act specified in the order; that Act then applies as if such authorisation had been issued on those conditions (s 27(1)(b); s 27(2)(b); s 27(3)(b)). The agency specified as responsible for enforcement must enforce the condition to the extent of its powers (s 27(1)(c)). The Commission’s report must identify the relevant Act and the agency responsible for enforcement for each condition (s 26(2)(b)-(c)).
Agency action to enforce. Even though orders can limit the operation of other Acts and planning schemes (s 19(1)), enforcement of conditions becomes an agency responsibility where the order specifies one. Section 27(1)(c) requires the specified enforcement agency to enforce the conditions, subject to the extent of its statutory powers.
Private action to require enforcement. Section 28(2) preserves, for persons who would otherwise have rights under other law, the ability to require an agency to enforce a condition specified in an order. That is, while appeals and judicial review in respect of conditions are curtailed (s 28(1)), private parties can still pursue agency enforcement in appropriate circumstances (s 28(2)).
Limits on judicial review and appeals
Exclusion of appeals and judicial review. Section 28(1) provides that, subject to s 27 and notwithstanding any other Act, a person is not entitled to appeal to a tribunal or court, nor bring other action or proceeding, nor have an order of review made under the Judicial Review Act 2000, nor obtain a declaratory judgment, in respect of any matter arising out of or relating to conditions specified in orders made under s 26(6), s 26(8), s 26A or s 26B. The text therefore removes ordinary appeal and certain judicial review avenues in relation to those matters.
Parliamentary disallowance as a control. Many orders are of no effect until approved by both Houses of Parliament (s 26(9) for certain orders). Where an order is subject to parliamentary approval, Parliament’s mechanisms for disallowance function as a check. The Act sets out the timelines and processes for laying orders and publishing notices where parliamentary approval is involved (s 26(10); s 26A(9)-(10); s 26B(12)-(13)).
Evidentiary and judicial notice provisions
Evidentiary ease. Section 44 provides that evidence of a State Policy may be given in court or tribunal by production of a document purporting to be a copy certified as a true copy by a person authorised in writing by the Commission. Section 45 requires courts and tribunals to take judicial notice of a State Policy without formal proof of its contents. These provisions streamline litigation where State Policies are relevant by reducing formal proof requirements.
Regulatory powers to set fees and allocate administrative duties
Regulations and fees. The Governor may make regulations for purposes of the Act, including provision for payment and collection of fees by any person in relation to acts under the Act and remission or exemption from liability for such fees (s 46(1)-(2)(a)(i)-(ii)). Regulations may authorise matters to be determined by the Minister, the Commission or another person performing duties under the Act (s 46(2)(c)). The Commission is not required to take action and submissions are not valid unless fee requirements under the regulations are complied with (s 47). This creates an administrative enforcement lever via fees and the capacity to withhold statutory process until fees are paid.
Interplay of criminal and administrative enforcement
The Act relies heavily on administrative enforcement routed through orders and agency action, with criminal penalties available for contravention of State Policy obligations (s 14) that are not necessarily the primary enforcement tool for project‑specific conditions. Where orders deem approvals and assign enforcement responsibility to agencies, enforcement will typically proceed within the powers of those agencies; criminal penalties for State Policy breaches exist as an additional deterrent for non‑compliance.
Practical enforcement consequences
For proponents, an approving order provides legal certainty that specified conditions are the governing authorisations (s 27(1)(b)); it also places the onus on named enforcement agencies to ensure compliance (s 27(1)(c)). For third parties, the Act narrows judicial options (s 28(1)) but preserves the right to require agency enforcement (s 28(2)). For agencies, enforcement duties may change in scope where orders deem permits and specify conditions to be enforced “to the extent of their powers” (s 27(1)(c)), and agencies will be publicly identified in Commission reports and orders (s 26(2)(c); s 26(3)).
How it interacts with other laws
The Act contains multiple express interactions with other statutes and instruments. Those interactions reallocate regulatory competence, override or disapply ordinary processes in some circumstances, and integrate other statutory regimes into orders.
Planning law and instruments
Planning schemes and interim orders. Where a State Policy is inconsistent with a planning scheme or interim order at the time the State Policy comes into operation, the planning scheme or order is void to the extent of the inconsistency (s 13(1)). The Commission must amend planning schemes or special planning orders to incorporate relevant parts of a State Policy and remove inconsistencies when a State Policy comes into operation, and such amendments are not subject to the Land Use Planning and Approvals Act 1993 (s 13(3)-(4)). Similarly, after an order approving a project under s 26 takes effect, the Commission must, in consultation with the relevant planning authority, amend any relevant planning scheme or special planning order to remove inconsistencies and those amendments are also not subject to the Land Use Planning and Approvals Act 1993 (s 27A(1)-(2)). Amendments made by the Commission are deemed to have come into operation on the date the State Policy or order came into operation (s 13(5)(a); s 27A(3)(a)).
Ordinary approvals and consents. When an s 18 order declaring a project of State significance is made, the provisions of any Act, planning scheme or interim order requiring approval, consent or permission or empowering a body to grant or refuse consent, prohibiting a use or development, or regulating it, do not apply unless the order is revoked (s 19(1)). This creates a statutory override of other approvals while the order is in force.
Judicial review and other remedies
Judicial Review Act 2000. Section 28(1)(c) expressly states that no order of review may be made under the Judicial Review Act 2000 in respect of any matter or thing arising out of or relating to conditions specified in orders made under specified sections. The Act therefore narrows judicial review rights with respect to conditions attached to orders approving projects under the Part 3 regime.
Declaratory judgments and appeals. Section 28(1)(a)-(d) prevents appeals, other actions or proceedings and declaratory judgments “in respect of any matter or thing arising out of or relating to the conditions” specified in orders under s 26/26A/26B. Those limitations operate notwithstanding the provisions of any other Act, subject to s 27.
Inter‑governmental and Commonwealth measures
National environment protection measures. A national environment protection measure made under the National Environment Protection Council (Tasmania) Act 1995 is taken to be a State Policy and to have been approved by both Houses of Parliament, and the procedural rule in s 15 does not apply to such a measure (s 12A(1)-(2)). That mechanism incorporates Commonwealth or inter‑governmental NEPMs directly into the State Policy framework.
Financial Management Act 2016. Section 18(3A)(b) brings entities within the meaning of the Financial Management Act 2016 within a special parliamentary requirement: if any proponent is the Crown in right of Tasmania or an entity within the meaning of the Financial Management Act 2016, the s 18 order must include a requirement that any s 26 order is of no effect until that s 26 order has been approved by resolution of each House of Parliament (s 18(3A)(a)-(b)). This links Part 3 approval procedures to the fiscal governance framework for Crown‑related proponents.
Regulations and delegated instruments
Regulations under the Act. The Governor may make regulations for the purposes of the Act (s 46(1)), including provision for fees and authorising specified persons to determine matters authorised by the regulations (s 46(2)). Regulations may therefore shape the operational cost of participation and delegate administrative authority.
Adoption by reference of external standards. State Policies may adopt standards, rules, codes, specifications and similar documents of any approved body either specifically or by reference (s 13D(1)-(2)). The Act explicitly allows inclusion of standards published, made or amended before or after the State Policies and Projects Amendment Act 1997; it thereby enables State Policies to incorporate external technical regimes without direct amendment of primary legislation.
Rules Publication Act 1953. Section 12(4) states that the Rules Publication Act 1953 does not apply to a notice declaring an interim State Policy under s 12(1), so the usual publication formalities under that Act are displaced for interim State Policy notices.
Other statutes referenced for context
Land Use Planning and Approvals Act 1993. The Act provides that words and expressions used both in this Act and in the Land Use Planning and Approvals Act 1993 have the same meanings unless a contrary intention appears (s 3(2)). The Land Use Planning Act is also expressly disapplied to amendments made by the Commission under s 13(4) and s 27A(2).
Administrative Arrangements Act 1990. Until administration is otherwise ordered under that Act, administration of this Act is assigned to the Minister for Environment and Land Management and the relevant Department (s 48).
Judicial notice and evidentiary provisions. Sections 44-45 facilitate the treatment of State Policies as public instruments for purposes of proceedings in courts and tribunals.
Practical effects of these interactions
The Act creates legislative preemption in defined circumstances: State Policies can void inconsistent planning provisions (s 13(1)) and project orders can displace ordinary approval regimes for specified uses and developments (s 19(1)), with the Commission authorised to amend planning instruments accordingly outside the ordinary planning amendment procedures (s 13(4); s 27A(2)).
It integrates external regulation by permitting State Policies to adopt technical standards and by taking certain national environment protection measures to be State Policies (s 12A; s 13D), linking State policy to Commonwealth and other bodies’ standards.
The Act narrows judicial remedies for matters arising from conditions specified in orders while keeping administrative enforcement via agencies and parliamentary scrutiny in place (ss 26-28; s 27).
These cross‑references and disapplications reallocate authority and create a streamlined State‑level pathway for high‑impact projects, while preserving specified institutional checks (Parliamentary approval, agency enforcement) and limiting some judicial review avenues.
Amendment history
The text as supplied shows multiple amendments across several years. The Act has been the subject of staged amendment and repeal of provisions; the schedule of amendments recorded in the text indicates the following notable changes and insertion points. The list below is confined to the amendment references contained in the supplied statutory text.
No. 54 of 1995 (s 65): Inserted s 12A making national environment protection measures taken to be State Policies (s 12A inserted by No. 54 of 1995).
No. 85 of 1997, State Policies and Projects Amendment Act 1997 (many schedule references). Multiple sections were amended or replaced by No. 85 of 1997 (Sched. 4 applied 01 Jan 1998), including: s 3(1) definitions (Commission), s 5, s 6 subsections, s 8-11 procedural subsections, s 12, s 13 subsections and new subsections (3A, 3B), s 14, s 15 replacement, s 20 subsection amendments, s 21-26 changes to Commission duties and timelines, s 29 amendments, s 30 substituted, and many repeals of earlier Part 5 subsections and schedules. The 1997 amendment package appears to have restructured the Commission’s functions and refined the integrated assessment process (as recorded repeatedly: “[Section X amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998]”).
No. 21 of 1997 (applied 01 Aug 1997): Inserted ss 5A, 13A-13D, 13B-13C reforms concerning matters to be contained in State Policies, delegation, binding of statutory authorities, binding on Crown and councils, and adoption by reference. Section 15A (amendment procedure) was inserted by No. 21 of 1997 (s 12). Section numbering throughout reflects amendments by No. 21 of 1997.
No. 3 of 2005 (applied 12 Apr 2005): Substituted s 16 and inserted ss 18A and 18B and s 27A, adjusting the definition of projects of State significance, expanding content of s 18 orders (s 18A) and continuing application despite changes in proponents (s 18B), and added s 27A on amendment of planning schemes to remove inconsistencies.
No. 54 of 2000 (Sched. 4 applied 01 Dec 2001 as per note): Amended s 28(1)(c) to reference the Judicial Review Act 2000, thereby explicitly excluding orders of review under that Act (s 28(1)(c) amended by No. 54 of 2000, Sched. 4, Applied:01 Dec 2001).
No. 44 of 1998 (applied 18 Dec 1998): Inserted and amended provisions (notably added ss 26A and 26B regarding additional conditions and amending orders, and substituted s 27). These amendments set out post‑approval additional condition procedures and amending order processes including parliamentary laying and disallowance windows (ss 26A; 26B; s 27 substitution by No. 44 of 1998).
No. 16 of 2023 (applied 31 Aug 2023): Inserted s 18(3A) adding a requirement that orders under s 26 be of no effect until approved by resolution of each House of Parliament where a proponent is the Crown in right of Tasmania or an entity under the Financial Management Act 2016; amended s 26 provisions with ss 6A and other gating rules reflecting parliamentary approval requirements for Crown proponents.
No. 17 of 1996, No. 88 of 1995, No. 37 of 1996, No. 77 of 1995 and other earlier amending Acts are referenced as having amended or repealed certain sections or schedules prior to the larger 1997 and later packages. For example, references in the text indicate s 31 and other sections were amended by No. 88 of 1995, No. 37 of 1996, No. 77 of 1995, and s 15 was substituted by No. 21 of 1997.
Schedule repeals. Schedules 2 and 3 were repealed by No. 85 of 1997 (Applied 01 Jan 1998), as indicated in the Schedule notes.
What the amendment notes tell us about legal evolution
The Act was substantially reworked in the late 1990s (notably 1997 and 1998) with further refinements in the 2000s and most recently in 2023. Revisions introduced delegation mechanisms, clarified Commission functions and the integrated assessment pathway, created special amending order procedures (26A/26B), inserted parliamentary gating in certain Crown‑proponent cases (2023), and integrated national environment protection measures. Several provisions were inserted to allow the Commission and the Minister to manage the significance and amendment process with specified timelines.
Limitations of this summary
The supplied statute text contains in‑line amendment annotations only; it does not provide full explanatory materials, second reading speeches or regulatory instruments enacted under s 46. This list therefore reports amendment references visible in the source text and the substantive insertions or substitutions they effected, as recorded in the Act’s marginal notes and section headers.
Litigation history
The supplied statutory text does not include judicial decisions, reported cases, or summaries of litigation challenging the Act, its provisions or administrative acts under it. There are no cases named or discussed in the text provided. The Act does, however, include provisions that affect litigation pathways and judicial oversight:
Section 28(1) restricts appeals and orders of review under the Judicial Review Act 2000 in respect of matters arising out of or relating to conditions specified in orders under ss 26(6), 26(8), 26A or 26B. That provision is a statutory limitation on judicial review and appeals for a defined class of matters; its legal operation and limits are matters that would be shaped by case law, but no case law appears in the supplied text.
Sections 44 and 45 give State Policies streamlined evidentiary status and judicial notice in courts and tribunals, which affects how State Policies are treated in litigation; again, application and boundaries would be developed by courts, but the supplied text does not supply any judicial exposition.
The Act preserves a private right to require agency enforcement of conditions even where other review paths are limited (s 28(2)). The practical efficacy and scope of that preserved right would be a matter for courts where disputes arise.
Because the source provided contains no litigation history or case citations, researchers seeking authoritative judicial interpretations, tests applied by courts to s 28 limitations or delimitation of the Commission’s duties under ss 20-26 will need to consult case law databases and independent legal reports. The statutory text itself sets the legal rules and the pathways for challenge, but not the judicially developed doctrines that might define their contours.
Gotchas
The Act contains several provisions that create procedural traps, legal constraints, or uncommon legal consequences parties should be aware of. The following items identify specific “gotchas” grounded in the statutory text, with section citations.
Fees can invalidate submissions and halt process (s 47; s 46). The Commission is not required to take action and any submission or representation lodged under the Act is not valid unless any regulatory fee requirements are complied with (s 47). Regulations may prescribe fees or exemptions (s 46(2)(a)). Practitioners should ensure fee rules under regulations are checked and complied with before lodging submissions; failure to do so can render the submission procedurally invalid.
Ministerial opinion threshold to make State Policies and declare State significance (s 5(1)(b); s 18(1)). The Act requires the Minister to be “of the opinion” that a matter is of State significance to make a State Policy and permits the Minister to recommend that a project be declared a project of State significance if the Minister considers it so (s 5(1)(b); s 18(1)). These are discretionary gates; the Act does not prescribe strict objective tests for the Minister’s opinion beyond the attributes enumerated in s 16(1). This means ministerial discretion is central and may be exercised without mandatory judicially enforceable criteria in the Act.
Override of other Acts and planning schemes while order in force (s 19(1)). Where an order under s 18(2) declaring a project of State significance has been made, many provisions of other Acts and planning schemes that would normally regulate the use or development do not apply unless the order has been revoked (s 19(1)). Parties relying on ordinary local controls should note those controls can be suspended by the State order.
Deeming of permits and delegated enforcement (s 27). An approving order may deem permits, licences or approvals to have been issued under the Acts specified in the order, and requires the agency specified as responsible to enforce conditions “to the extent of its powers” (s 27(1)(b)-(c)). The practical effect is that conditions specified in orders, and the enforcement roles named in them, become the operative regulatory instruments. Parties should note who is named as enforcement agency and the scope of its powers.
Limits on judicial review and appeals for matters arising from conditions in orders (s 28). The Act removes the right to appeal, bring other proceedings or obtain review under the Judicial Review Act 2000 in respect of matters arising out of or relating to conditions specified in orders under Part 3 (s 28(1)). That is a significant procedural limitation. However, s 28(2) preserves the right for persons who would otherwise have had a right to require an agency to enforce a condition to take action to require the agency to enforce it, so the enforcement pathway is partly preserved in administrative rather than judicial form.
Parliamentary approval timing and effect (ss 11(7)-(8); 18(5)-(6); 26(9)). Many State Policies and orders are “of no effect” until approved by both Houses, and disallowance or failure to be disallowed within specified sitting day windows leads to deemed approval (e.g. s 11(8)). Where temporary interim State Policies are declared (s 12), they may be terminated and are time‑limited to 12 months unless earlier ceased (s 12(3)(d)). Practitioners should track laying and disallowance timetables closely; an apparently effective order or policy may be void until parliamentary approval is obtained.
State Policies may bind statutory authorities but subject to statutory functions (s 13B). State Policies can require statutory authorities and office holders to undertake specified activities (s 13B(1)) but not where such requirements are inconsistent with statutory functions or powers (s 13B(3)). This creates a potential compliance tension when State Policy instructions collide with statutory mandates; statutory functions prevail.
Adoption by reference of external standards and post‑commencement amendments (s 13D). State Policies may adopt external standards, codes or management plans by reference and include subsequent amendments whether made before or after the relevant Amendment Act (s 13D(1)-(2)). This can import standards outside the State’s standard parliamentary process and incorporate future changes automatically. Users should identify which external documents are adopted and whether their amendment cycles create shifting compliance obligations.
Commission’s power to dispense with public exhibition (s 20(4)). Where a project has been publicly notified under another law, a direction to the Commission can require it to dispense with the public exhibition of a draft integrated assessment report (s 20(4)). This can shorten or remove a public exhibition step where other notification forms exist, reducing the opportunity window for third‑party input.
Orders can be amended or additional conditions imposed after approval (ss 26A, 26B). The Commission may recommend additional conditions after an initial order has been made (s 26A(1)). Amending orders and additional conditions have processes for publication and parliamentary scrutiny, and can take effect immediately unless subject to parliamentary disallowance windows (ss 26A(8)-(10); 26B(11)-(13)). This means approvals are not necessarily final in their entirety and further conditions may be imposed post‑approval.
Interim State Policies and exclusion from the Rules Publication Act (s 12(4)). Notices declaring interim State Policies are exempt from the Rules Publication Act 1953 (s 12(4)), which may affect customary publication and challenge timelines customary for subordinate instruments.
Criminal penalties for non‑compliance with State Policies (s 14). Contraventions of State Policies attract summary conviction penalties up to 500 penalty units and continuing daily fines (s 14(2)). That is a significant punitive sanction and applies to State Policy obligations.
Read these “gotchas” against the formal statutory text and timelines. Many of the operational risks and strategic choices hinge on the content of regulations, Commission directions, and the specific content of orders and State Policies as made under the Act.
How to comply
Compliance under this Act means both adhering to State Policies and engaging correctly in the integrated assessment and order processes for projects of State significance. The following is a practical, source‑grounded checklist for proponents, councils, agencies and advisers based on the statutory text.
For proponents considering major projects
Determine whether the project potentially meets the s 16(1) attributes. A project is eligible as a project of State significance if it possesses at least two attributes listed in s 16(1) (e.g. significant capital investment, significant environmental impact, complex technical processes).
Monitor Gazette notices and Commission publications. The Minister may recommend and the Governor may make an order declaring a project of State significance (s 18(1)-(3)); such orders are required to be published in the Gazette (s 18(3)). Guidelines on the development approval process will be published under s 17; the Minister must publish them in the Gazette and lay them before Parliament (s 17(1)-(3)).
Prepare for integrated assessment requirements. If an s 18 order is made, the Commission must undertake an integrated assessment on Ministerial direction (s 20(1)). The direction may set matters to be addressed, the process and timeframes (s 20(3)). The Commission may be directed before parliamentary approval of the s 18 order (s 20(2A)), so start preparatory work early.
Budget for and pay any prescribed fees. Regulations may require payment of fees for actions, submissions or representations under the Act, and the Commission is not required to take action nor accept submissions that do not comply with fee rules (s 46(2)(a); s 47). Confirm fee schedules in the regulations and comply before lodging material.
Produce and submit the information the Commission will expect. The Commission prepares a draft integrated assessment report in consultation with councils and agencies and exhibits it for at least 28 days; any submissions received under s 21(2) are to be placed on exhibition with the draft (s 22). The integrated assessment must seek to further the Schedule 1 objectives and be undertaken in accordance with State Policies (s 20(5)(a)-(b)). Prepare environmental, social, economic and community impact analyses as defined in s 16(2).
Engage in hearings and representations. Any person can make representations during exhibition (s 23). The Commission will consider representations and may hold hearings (s 24). If the Commission proposes to revoke an s 18 order under s 28A, it must give the proponent a draft report and allow 14 days for written submissions (s 28A(2)-(4)). Maintain records and evidence to respond during those windows.
Anticipate conditions and enforcement agencies. The Commission’s report must specify conditions, the Act and permit/licence in which each condition would normally be imposed, and the agency responsible for enforcement (s 26(2)(a)-(c)). Build compliance plans that align with the likely enforcement mechanisms and ensure implementation capacity aligns with the named enforcement agency’s powers.
Track ministerial and parliamentary timetables. The Minister must decide within 28 days of receiving a Commission report (s 26(4)). If a s 26 order is made, in some cases it is of no effect until approved by resolution of each House of Parliament (s 26(9)), particularly where specified by s 18(3A) for Crown or financial management entities. Monitor laying before Parliament and disallowance windows.
This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
Part 2 Tasmanian sustainable development policies
Part 2 Tasmanian sustainable development policies
5 Requirements for making of State Policies
5 Requirements for making of State Policies
(1) A State Policy –
(a) must seek to further the objectives set out in Schedule 1 ; and
(b) may be made only where there is, in the opinion of the Minister, a matter of State significance to be dealt with in the State Policy; and
(c) must seek to ensure that a consistent and co-ordinated approach is maintained throughout the State with respect to the matters contained in the State Policy; and
(d) must incorporate the minimum amount of regulation necessary to obtain its objectives.
(2) [Section 5 Subsection (2) omitted by No. 21 of 1997, s. 4, Applied:01 Aug 1997] . . . . . . . .
5A Matters to be contained in State Policies
5A Matters to be contained in State Policies
[Section 5A Inserted by No. 21 of 1997, s. 5, Applied:01 Aug 1997] A State Policy may contain matters relating to one or more of the following:
(a) sustainable development of natural and physical resources;
(b) land use planning;
(c) land management;
(d) environmental management;
(e) environment protection;
(f) any other matter that may be prescribed.
6 Preparation of draft State Policies
6 Preparation of draft State Policies
(1) [Section 6 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998][Section 6 Subsection (1) amended by No. 21 of 1997, s. 6, Applied:01 Aug 1997] Where a draft State Policy has been prepared and the Minister is satisfied that the draft State Policy deals with a subject requiring a State Policy, the Minister may give a written direction to the Commission to prepare a report on the draft State Policy and the Commission must prepare a report in accordance with the direction.
(2) [Section 6 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998][Section 6 Subsection (2) substituted by No. 21 of 1997, s. 6, Applied:01 Aug 1997] Where the Commission is directed to prepare a report on a draft State Policy, it must –
(a) cause a copy of the draft State Policy to be placed on public exhibition at its office for a period of 8 weeks; and
(b) advertise, as prescribed, the exhibition of the draft State Policy.
(3) [Section 6 Subsection (3) omitted by No. 21 of 1997, s. 6, Applied:01 Aug 1997] . . . . . . . .
7.
[Section 7 Repealed by No. 21 of 1997, s. 7, Applied:01 Aug 1997]
8 Representations in respect of draft State Policies
8 Representations in respect of draft State Policies
[Section 8 Amended by No. 21 of 1997, s. 8, Applied:01 Aug 1997][Section 8 Amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] Where a draft State Policy is placed on public exhibition, representations in relation to the draft State Policy may be submitted to the Commission by any person before the expiration of the exhibition period referred to in section 6(2)(a) .
9 Consideration by Commission of representations
9 Consideration by Commission of representations
(1) [Section 9 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] As soon as practicable after receipt by it of representations in relation to a draft State Policy, the Commission must consider the representations.
(2) [Section 9 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] For the purposes of considering representations under subsection (1) , the Commission may hold a hearing in relation to each representation.
(3) [Section 9 Subsection (3) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] The Commission may consolidate any of the representations and hold a hearing in relation to the consolidated representations.
10 Modification of draft State Policies
10 Modification of draft State Policies
(1) [Section 10 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] The Commission may, after its consideration under section 9 of the representations in relation to a draft State Policy, modify the draft State Policy.
(2) [Section 10 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] Where the Commission modifies a draft State Policy and it considers that the provisions of this Part should apply to the modification of the draft State Policy, the provisions of this Part apply to the modification as if it were a draft State Policy.
11 Making of State Policies by Governor
11 Making of State Policies by Governor
(1) [Section 11 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] After consideration by the Commission of a draft State Policy (including any modifications made under section 10 ), the Commission must submit a report on the draft State Policy to the Minister.
(2) [Section 11 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] The Commission must publish notice of its report to the Minister under subsection (1) in the Gazette and must make the report publicly available.
(3) [Section 11 Subsection (3) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] The Minister may, on receipt of a report on a draft State Policy from the Commission, recommend to the Governor the making of a Tasmanian Sustainable Development Policy.
(4) The Governor may make a Tasmanian Sustainable Development Policy in accordance with a recommendation made under subsection (3) , and fix a day on which it will come into operation.
(5) Before it comes into operation, a State Policy must be notified in the Gazette.
(6) The Minister must cause a State Policy to be laid before each House of Parliament within the first 10 sitting days of the House after it is so notified.
(7) A State Policy is of no effect until it has been approved by both Houses of Parliament.
(8) For the purposes of subsection (7) , a House of Parliament is to be taken to have approved a State Policy if a copy of it has been laid on the table of that House and –
(a) it is approved by that House; or
(b) [Section 11 Subsection (8) amended by No. 21 of 1997, s. 9, Applied:01 Aug 1997] at the expiration of 10 sitting days after it was laid on the table of that House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or
(c) [Section 11 Subsection (8) amended by No. 21 of 1997, s. 9, Applied:01 Aug 1997] if any notice of a motion to disallow it is given during that period of 10 sitting days, the notice is, after the expiration of that period, withdrawn or the motion is negatived.
12 Interim State Policies
12 Interim State Policies
(1) [Section 12 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] Where the Governor is satisfied, on the recommendation of the Minister, that it is necessary that a State Policy should come into operation without delay, the Governor may, at the same time as, or at any time after, a draft State Policy is placed on public exhibition at the Commission's office declare, by notice published in the Gazette, that the State Policy will come into operation on a temporary basis on a day specified in the notice.
(2) Where a notice has been published under subsection (1) , the State Policy comes into operation on the day specified in the notice.
(3) A State Policy that has come into operation under this section ceases to operate –
(a) if the Governor, by notice published in the Gazette, terminates its operation; or
(b) if either House of Parliament passes a resolution disallowing it; or
(c) if it is superseded by a State Policy that comes into operation under section 11 ; or
(d) in the case of a State Policy that has not already ceased to operate by virtue of paragraph (a) , (b) or (c) , at the expiration of 12 months from the day on which it came into operation.
(4) The Rules Publication Act 1953 does not apply to a notice referred to in subsection (1) .
12A National environment protection measures taken to be State Policies
12A National environment protection measures taken to be State Policies
[Section 12A Inserted by No. 54 of 1995, s. 65 ]
(1) A national environment protection measure is taken to be a State Policy and is taken to have been approved by both Houses of Parliament.
(2) Section 15 does not apply to a national environment protection measure taken to be a State Policy.
(3) In this section, national environment protection measure means a national environment protection measure made under section 14 (1) of theNational Environment Protection Council (Tasmania) Act 1995 .
13 Effect of State Policies
13 Effect of State Policies
(1) Where there is an inconsistency between a provision of a State Policy and a provision of a planning scheme or an interim order in force at the time when the State Policy comes into operation, the provision of the planning scheme or interim order is void to the extent of the inconsistency.
(2) [Section 13 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] The Minister must advise the Commission and all appropriate agencies of the making of a State Policy within 14 days of its coming into operation.
(3) [Section 13 Subsection (3) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998][Section 13 Subsection (3) substituted by No. 21 of 1997, s. 10, Applied:01 Aug 1997] The Commission must, as soon as practicable after a State Policy comes into operation, other than a State Policy which comes into operation under section 12 , amend a planning scheme or special planning order to incorporate all those parts of the State Policy which are relevant to it and to remove any inconsistency between it and the State Policy.
(3A) [Section 13 Subsection (3A) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998][Section 13 Subsection (3A) inserted by No. 21 of 1997, s. 10, Applied:01 Aug 1997] The Commission may, after a State Policy comes into operation under section 12 , amend a planning scheme or special planning order to incorporate those parts of the State Policy which are relevant to it and to remove an inconsistency between it and the State Policy.
(3B) [Section 13 Subsection (3B) inserted by No. 21 of 1997, s. 10, Applied:01 Aug 1997] A State Policy may be implemented by any means available to the Crown.
(4) The Land Use Planning and Approvals Act 1993 does not apply to an amendment made under subsection (3) .
(5) [Section 13 Subsection (5) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] Where the Commission amends a planning scheme or an interim order pursuant to subsection (3) –
(a) the amendment is deemed to have come into operation on the date on which the State Policy came into operation; and
(b) [*[Section 13 Subsection (5) amended by No. 85 of 1997, Sched. 4, Applie
This is an opening excerpt, not the complete document.