The Act establishes the Tasmanian Planning Commission as a statutory body corporate that certifies and advises on land‑use planning, conducts hearings, compels information and reports to Ministers and local government. It sets how members are appointed, the Commission’s advisory and certification roles, ministerial oversight (including written directions and biennial statements of expectation), limits on delegation for specified statutory powers, member protections and sanctions for non‑compliance. It affects Ministers, councils, state agencies, developers and any person taking part in Commission processes because it centralises decision‑making and information‑gathering for planning matters.
This Act establishes the Tasmanian Planning Commission (the Commission), sets its constitution, functions, powers, governance and procedures for hearings, and provides supporting machinery such as reporting, information-gathering powers and protections for Commission members. The Commission is created as a body corporate with perpetual succession, a seal and capacity to sue and be sued (s 4(1), (3)(a)-(c); s 4(5)-(6)). The Act locates the Commission within the State’s resource management and planning system and requires the Commission to perform and exercise its powers so as to further the objectives set out in Schedule 1 (s 4(2); s 6(3); Schedule 1).
Mechanically, the Act does the following principal things:
Constitutes membership and appointment rules for the Commission, including specified expertise and nominations (s 5(1); Schedule 2). The Governor appoints members (s 5(2); Schedule 2).
Prescribes the Commission’s statutory functions and a non-exhaustive power to do all things necessary or convenient to perform those functions (s 6(1), (1A), (2)). Under this Act the Commission must certify and approve planning schemes and amendments (Part 2 functions; s 8).
Provides a regime for Commission hearings: procedure, notice, evidence, public access and confidentiality exceptions (Part 3: ss 10-12, 11A).
Grants the Commission compulsory information and document production powers, including written notices to produce documents or attend hearings, and a right to retain and copy documents (s 14(1)-(2)).
Establishes compliance tools and offences: failure to comply with s 14 notices (s 16), false or misleading information (s 17), obstruction and improper influence (s 17A), misconduct provisions and contempt referral (ss 17B, 17C).
Current sections
Direct links to the current provisions in Tasmanian Planning Commission Act 1997.
(2) The Commission is part of the State's resource management and planning system, the objectives of which are set out in Schedule 1.
(3) The Commission –
(a) is a body corporate with perpetual succession; and
(b) has a seal; and
(c) may sue and be sued in its corporate name.
(4) The seal is to be kept and used as authorised by the Commission.
(5) The execution of a document sealed by the Commission is to be attested by 2 members of the Commission.
(6) All courts and persons acting judicially must take judicial notice of the imprint of the seal on a document and presume that it was duly sealed by the Commission.
5
Constitution of Commission
5 Constitution of Commission
(1) The Commission consists of –
(a) a person nominated by the Minister who is the chairperson of the Commission and Executive Commissioner; and
(b) a person who possesses planning experience nominated by the Minister on the recommendation of the Local Government Association of Tasmania; and
(c) a person who possesses experience in public administration relating to project implementation nominated by the Minister responsible for the administration of the State Policies and Projects Act 1993 ; and
(d) a person who possesses expertise and management experience in resource conservation nominated by the Minister; and
(e) a person nominated by the Minister who, in the opinion of the Minister, possesses planning experience and appropriate experience in industry and commerce; and
(a) to provide advice and support to the Minister in relation to the performance of his or her functions, and the exercise of his or her powers, in relation to land use planning under this or any other Act;
(b) to provide advice to the Minister in respect of matters related to land use planning;
(c) to plan for the coordinated provision of transport, and of infrastructure, for land development;
(d) to provide advice to local government in relation to planning schemes under the Land Use Planning and Approvals Act 1993 and the functions of local government under that Act;
(e) to review, and advise the Minister in respect of, State and regional strategic land use planning matters.
(2) The Commission may do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of its functions.
(3) The Commission must perform its functions and exercise its powers in a manner that furthers the objectives set out in Schedule 1 .
7
Commission subject to directions of Minister
7 Commission subject to directions of Minister
(1) Subject to subsection (2) , the Minister may give directions in writing to the Commission and the Commission must perform its functions and exercise its powers in accordance with those directions.
(3) Where the Minister gives directions to the Commission, the Minister must cause the directions to be published in the Gazette within 14 days from the date on which they were given.
7A
Commission to comply with ministerial statement of expectation
7A Commission to comply with ministerial statement of expectation
(1) The Minister must provide the Commission with a ministerial statement of expectation by 31 January in each even-numbered year.
(2) The ministerial statement of expectation is to specify the objectives of the Minister in respect of any matter relating to the functions of the Commission.
(3) The ministerial statement of expectation –
(a) may not prevent the Commission from performing a function it is required to perform or otherwise complying with any Act; and
(b) may not extend the functions and powers of the Commission.
(4) The Minister must consult with the Commission before preparing the ministerial statement of expectation.
(5) The ministerial statement of expectation and any amendment to the ministerial statement of expectation is to be in writing and signed by the Minister.
(6) The Minister may at any time, at his or her discretion or after receiving an application from the Commission –
(a) amend the ministerial statement of expectation; or
(b) revoke the ministerial statement of expectation and substitute another ministerial statement of expectation –
by providing the amendment or substituted ministerial statement of expectation to the Commission.
(7) The ministerial statement of expectation, or an amendment to the ministerial statement of expectation, takes effect on a day specified in it, being a day not earlier than the day on which it is provided to the Commission.
(8) The Commission is to make the ministerial statement of expectation, as in force from time to time, available to the public on its website.
8
Delegation by Commission
8 Delegation by Commission
(1) The Commission may delegate any of its functions or powers other than this power of delegation.
(2) Without limiting subsection (1) , the Commission may delegate any of its functions or powers which relate to a particular region of the State to a prescribed body.
The Commission may, by instrument in writing, establish committees of such persons as the Commission considers appropriate for the purpose of assisting it in the performance of its functions and the exercise of its powers.
Part 3
Hearings conducted by Commission
Part 3 Hearings conducted by Commission
10
Hearings
10 Hearings
(1) Where the Commission holds a hearing –
(a) the procedure at the hearing is, subject to section 11 , to be determined by the Commission; and
(b) the Commission –
(i) may inform itself about any matter in any way it thinks fit; and
(ii) may receive oral or written evidence; and
(iii) may consult with such persons as it thinks fit; and
(iv) is not bound to act in a formal manner; and
(v) must observe the rules of natural justice; and
(vi) is not bound by the rules of evidence.
(2) Before the Commission begins a hearing it must give reasonable notice of the hearing in at least 2 newspapers published daily and circulating generally in Tasmania, one of which circulates in the region in which the hearing is to be held, stating –
(a) the subject of the hearing; and
(b) the time and place at which the hearing is to be held.
11
Procedure at hearings
11 Procedure at hearings
(1) Subject to this section, a hearing must be held in public.
(2) If –
(a) a person appearing to give evidence at a hearing objects to doing so in public; and
(b) the Commission considers –
(i) that the evidence is of a confidential nature; and
(ii) the interest in confidentiality is greater than the interest in having the evidence taken in public –
the Commission may take the evidence in private.
(3) If the Commission considers –
(a) that evidence to be given at a hearing is of a confidential nature even though the person appearing to give the evidence has not objected to doing so in public; and
(b) the interest in confidentiality is greater than the interest in having the evidence taken in public –
the Commission may take the evidence in private.
(4) The Commission may, if it thinks fit, permit or require a person who is to give evidence to the Commission to do so in writing.
(5) The Commission may, at a hearing, take evidence on oath or affirmation.
(2) The Commission may refuse to allow a party to the hearing to be represented if the Commission is satisfied that another party to the hearing would be significantly disadvantaged by that representation.
12
Written evidence and submission documents to be made public
12 Written evidence and submission documents to be made public
If a person –
(a) gives written evidence to a hearing; or
(b) makes a written submission to the Commission –
the Commission must, as soon as practicable, make available to the public in any way it thinks fit the particulars of the evidence or the contents of the submission, other than any matter where –
(c) the person objects to the matter being made public and the Commission considers that evidence of the matter would have been taken in private if it had been given orally at a hearing; or
(d) the Commission considers that, even though the person does not object to the matter being made public, evidence of the matter would have been taken in private if it had been given orally at a hearing.
13
Protection of members, &c.
13 Protection of members, &c.
(1) A member or delegate of the Commission has, in the performance of the member's or delegate's duties as a member or delegate, the same protection and immunity as a judge of the Supreme Court.
(2) A person summoned to attend or appearing before the Commission as a witness has the same protection as a witness in a proceeding in the Supreme Court.
(1) A member of the Commission, the registrar and any other person acting under the direction of the Commission do not incur any personal liability in respect of any act done or omitted to be done in good faith in the performance or exercise, or purported performance or exercise, of any function or power of the Commission or in the administration or execution, or purported administration or execution, of this Act.
(2) Subsection (1) does not preclude the Crown or the Commission from incurring liability that a member of the Commission, the registrar or other person mentioned in that subsection would, but for that subsection, incur.
14
Power to obtain information and documents
14 Power to obtain information and documents
(1) If the Commission has reason to believe that a person is capable of giving information or producing a document relevant to a hearing to be, or being, conducted by the Commission, the Commission may give written notice to the person –
(a) requiring the person to produce the documents specified in the notice, to appear at a hearing to give evidence or to produce the documents specified in the notice and to appear at a hearing to give evidence; or
(b) requiring the person to give to the Commission, on or before a day specified in the notice –
(i) a statement signed by the person or, in the case of a body corporate, on behalf of the body corporate, setting out the information specified in the notice; or
(ii) the document specified in the notice.
(2) If a document is produced or given to the Commission under subsection (1) , the Commission –
(a) may take possession of and may make copies of, or take extracts from, the document; and
(b) may retain possession of the document for such period as is necessary for the purposes of the hearing to which the document relates; and
(c) during that period, must permit the document to be inspected at all reasonable times by persons who would be entitled to inspect it if it were not in the possession of the Commission.
15
Allowances to persons giving evidence, &c.
15 Allowances to persons giving evidence, &c.
(1) A person who appears at a hearing pursuant to a notice under section 14 is entitled to be paid such allowances for travelling and other expenses as are prescribed.
(2) If the Commission considers it appropriate, a person who appears at a hearing to give evidence or produce a document (otherwise than pursuant to a notice under section 14 ) may be paid such allowances for travelling and other expenses as are prescribed.
(3) If the Commission considers it appropriate, a person who gives evidence to, or produces a document at, a hearing may be –
(a) paid for the performance of work involved in collecting and preparing the evidence or document; or
(b) reimbursed such expenses, or compensated for such losses, as were reasonably incurred in collecting and preparing the evidence or document –
(5) Money paid under this section is to be paid by the Commission from money made available to it by Parliament.
16
Failure to comply with requirement
16 Failure to comply with requirement
(1) A person who has been given notice under section 14 must not, without reasonable excuse –
(a) refuse or fail to comply with the notice; or
(b) when appearing at a hearing pursuant to the notice, refuse or fail –
(i) to take an oath or make an affirmation; or
(ii) to answer a question that is required by the person presiding at the hearing to be answered.
Penalty: Fine not exceeding 20 penalty units.
(2) A person who has been given notice under section 14 requiring the person to appear at a hearing must not, without reasonable excuse, refuse or fail to attend from day to day unless excused, or released from further attendance, by the person presiding at the hearing.
Penalty: Fine not exceeding 20 penalty units.
(3) It is a reasonable excuse for the purposes of subsection (1) for a person to refuse or fail to answer a question, give information or produce a document that the answer, information or production of the document might tend to incriminate the person or make the person liable to forfeiture or a penalty.
17
False or misleading evidence or information
17 False or misleading evidence or information
(1) A person must not –
(a) give to the Commission information, or documents, that the person knows to be false or misleading in a material particular; or
(b) at a hearing, give evidence, or produce a document, that the person knows to be false or misleading in a material particular.
Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 6 months.
(2) Subsection (1) does not apply to a document if, at the time when the person gives it to the Commission or produces it at a hearing, the person informs the Commission that it is false or misleading in a material particular and specifies in which respect it is, to the person's knowledge, false or misleading in a material particular.
(a) insult a member of the Commission in relation to the performance of his or her functions as a member; or
(b) interrupt a proceeding or hearing of the Commission; or
(c) create a disturbance, or take part in creating or continuing a disturbance, in a place where the Commission is sitting, with the intention of disrupting a proceeding or hearing of the Commission.
(2) The Commission may order that a person who has committed a breach of subsection (1) at a Commission hearing be excluded from the place where the hearing is being conducted.
(3) A member of the Commission staff, acting under the Commission's order, may, using necessary and reasonable help and force, exclude the person from the place.
(1) A person must not do anything that would, if the Commission were a court of record, constitute a contempt of that court.
(2) A person’s contempt of the Commission may be referred to the Supreme Court under this section.
(3) The Commission may certify the contempt in writing to the Supreme Court.
(4) For the purposes of subsection (3) , it is enough for the Commission to be satisfied that there is evidence of contempt.
(5) The Commission may issue a warrant directed to a police officer or all police officers for the arrest of the person to be brought before the Supreme Court to be dealt with according to law.
(6) The Bail Act 1994 applies to the proceeding for the contempt started by the certification in the same way as it applies to a charge of an offence.
(7) The Supreme Court must inquire into the alleged contempt.
(8) The Supreme Court must hear –
(a) witnesses and evidence that may be produced against or for the person whose contempt was certified; and
(b) any statement given by the person in defence.
(9) If the Supreme Court is satisfied that the person has committed the contempt, the Court may punish the person as if the person had committed the contempt in relation to proceedings in that Court.
(10) The Rules of the Supreme Court apply to the Court’s investigation, hearing and power to punish with necessary changes.
(11) The Commission's certificate of contempt is evidence of the matters contained in the certificate.
(3) The Commission may make arrangements with any other person for persons employed or engaged by that person to be made available to the Commission to enable it to perform its functions and exercise its powers.
(1) The Commission may correct a decision made by the Commission under this or any other Act if the decision contains –
(a) a clerical mistake or an error arising from any accidental slip or omission; or
(b) an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in the decision.
(b) a decision that has taken effect and has altered the rights or obligations of a person, if the effect of the correction of the decision would be to alter the rights or obligations of the person or another person.
(2) The Minister must cause a copy of the report to be laid before each House of Parliament within 10 sitting days of that House after the day on which the Minister received the report.
20
Regulations
20 Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.
(3) A provision referred to in subsection (2) may, if the regulations so provide, take effect from the commencement of this Act or a later date.
21
Consequential amendments
21 Consequential amendments
(1) The Acts specified in Part 1 of Schedule 4 are amended as specified in that Part.
(2) The regulations specified in Part 2 of Schedule 4 are amended in the manner specified in that Part.
22
Savings and transitional provisions
22 Savings and transitional provisions
The savings and transitional provisions set out in Schedule 5 have effect.
(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.
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 wellbeing 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.
SCHEDULE 2 - Provisions with r
SCHEDULE 2 - Provisions with respect to appointment, constitution and membership of commission
SCHEDULE 2 - Provisions with r SCHEDULE 2 - Provisions with respect to appointment, constitution and membership of commission
(1) The Minister may require the body referred to in section 5(1)(b) to recommend, within a period specified by the Minister (being a period of not less than 28 days), a person for appointment as a member of the Commission.
(2) If the body referred to in paragraph (b) of section 5(1) fails to comply with subclause (1) , the Minister may nominate a person for the purposes of that paragraph.
2. Change of name, &c., of recommending body
(1) If the body referred to in paragraph (b) of section 5(1) changes its name, the Governor may, by order, amend that paragraph by substituting the body's new name.
(2) If the body referred to in paragraph (b) of section 5(1) ceases to exist, the Governor, on the recommendation of the Commission, may, by order, amend that paragraph by substituting the name of a body which the Governor is satisfied substantially represents the interests represented by the first-mentioned body.
3. Selection of certain members
Before the appointment of the members referred to in section 5(1)(d) and (e) , the Minister is to consult such persons or groups of persons as the Minister considers appropriate seeking recommendations about persons who would be suitably qualified for appointment.
4. Appointment of members
(1) A member of the Commission is to be appointed for such term, not exceeding 5 years, as is specified in the member's instrument of appointment and, if otherwise qualified, is eligible for re-appointment from time to time.
(2) The chairperson of the Commission is to be appointed on a full-time basis.
5. Provisions requiring devotion of whole of time to other duties
Where, by or under any Act, provision is made requiring the holder of an office to devote the whole of his or her time to the duties of office under that Act, that provision does not operate to disqualify that person from holding that office and also the office of a member of the Commission other than the chairperson of the Commission.
6. Terms and conditions of appointment
(1) Subject to subclause (2) , a member of the Commission is entitled to be paid such remuneration and allowances as the Governor may from time to time determine.
(3) A member holds office on such terms and conditions not provided for in this Act as are determined by the Governor.
7. Disclosure of interests
(1) If a member of the Commission has or acquires an interest (whether pecuniary or otherwise) that would conflict with the proper performance of the member's functions in relation to a matter being considered or about to be considered by the Commission, the member must disclose the nature of that interest at a meeting of the Commission.
(2) A disclosure under subclause (1) is to be recorded in the minutes of the meeting of the Commission and the member must not, unless the Commission otherwise determines –
(a) be present during any deliberation of the Commission with respect to that matter; or
(b) take part in any decision of the Commission with respect to that matter.
(3) For the purpose of the making of a determination by the Commission under subclause (2) in relation to a member who has made a disclosure under subclause (1) , a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates must not take part in the making by the Commission of the determination.
8. Deputies of members
(1) The Governor may appoint a deputy of a member of the Commission.
(2) The deputy of the member –
(a) referred to in section 5(1)(a) is to be nominated by the Minister; and
(b) referred to in section 5(1)(b) is to be nominated by the Minister on the recommendation of the Local Government Association of Tasmania; and
(c) referred to in section 5(1)(c) is to be a person who possesses experience in project implementation nominated by the Minister responsible for the administration of the State Policies and Projects Act 1993 ; and
(d) referred to in section 5(1)(d) is to be a person who possesses expertise and management experience in resource conservation nominated by the Minister; and
(e) referred to in section 5(1)(e) is to be a person who possesses planning experience nominated by the Minister; and
(3) Subject to subclause (4) , if a member of the Commission is unable for any reason to perform the duties of a member, the member's deputy may perform those duties and, when doing so, is taken to be that member.
(4) The deputy of the member of the Commission referred to in section 5(1)(a) may not preside at a meeting of the Commission unless elected to do so by the members present at that meeting.
(5) A deputy member of the Commission is to be appointed for such term, not exceeding 5 years, as is specified in the deputy member's instrument of appointment and, if otherwise qualified, is eligible for reappointment from time to time.
9. Resignation
A member or a deputy member may resign by signed notice given to the Governor.
10. Termination of appointment
(1) The Governor may terminate the appointment of a member or a deputy member if the member –
(a) becomes mentally or physically incapable of performing satisfactorily the duties of office; or
(b) is convicted in Tasmania, or elsewhere, of an offence punishable by imprisonment for 2 years or longer; or
(c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors or compounds with his or her creditors or makes an assignment of his or her remuneration or estate for their benefit; or
(d) fails, without reasonable excuse, to comply with clause 7 .
(2) The Governor may remove a member referred to in section 5(1)(b) , (c) , (d) or (e) from office if the Governor is satisfied, having regard to the information supplied by the person who, or body which, nominated that member for appointment to the Commission, that the member is no longer qualified to be appointed to the Commission.
(3) A member or a deputy member is not to be removed from office otherwise than in accordance with this clause.
11. Validity of proceedings, &c.
(1) An act or proceeding of the Commission or of any person acting pursuant to any direction of the Commission is not invalidated or prejudiced by reason only of the fact that, at the time when the act or proceeding was done, taken or commenced, there was a vacancy in the membership of the Commission.
(2) All acts and proceedings of the Commission or of any person acting pursuant to any direction of the Commission are, notwithstanding the subsequent discovery of any defect in the appointment of any member or deputy member of the Commission or that any person was disqualified from acting as, or incapable of being, a member or deputy member of the Commission, as valid as if the member or deputy member had been duly appointed and was qualified to act as, or capable of being, a member or deputy member, and as if the Commission had been fully constituted.
(3) Where a member of the Commission does or purports to do, or omits or purports to omit to do, any act or thing in good faith for the purpose of administering or executing this Act, the member is not to be personally subjected to any action, liability, claim or demand in respect of that act or omission.
12. Presumptions
In any proceedings by or against the Commission, unless evidence is given to the contrary, no proof is required of –
(a) the constitution of the Commission; or
(b) any resolution of the Commission; or
(c) the appointment of any member or deputy member of the Commission; or
(d) the presence of a quorum at any meeting of the Commission.
SCHEDULE 3 - Provisions with r
SCHEDULE 3 - Provisions with respect to meetings of Commission
SCHEDULE 3 - Provisions with r SCHEDULE 3 - Provisions with respect to meetings of Commission
(2) Any duly convened meeting of the Commission at which a quorum is present is competent to transact any business of the Commission.
(3) Questions arising at a meeting of the Commission are to be determined by a majority of votes of the members of the Commission present and voting.
3. Chairperson
(1) The chairperson of the Commission is to preside at all meetings of the Commission.
(2) If the chairperson of the Commission is not present at a meeting of the Commission, a member elected by the members present is to preside at that meeting.
4. General procedure
The procedure for the calling of, and for the conduct of business at, meetings of the Commission is, subject to any procedure that is specified in this Act, to be as determined by the Commission.
SCHEDULE 3A - Provisions in re
SCHEDULE 3A - Provisions in respect of which delegation and directions are restricted
SCHEDULE 3A - Provisions in re SCHEDULE 3A - Provisions in respect of which delegation and directions are restricted
All acts, matters and things done or omitted to be done by, or done or suffered in relation to, the Land Use Planning Review Panel, the Sustainable Development Advisory Council or the Public Land Use Commission before the commencement of this Act are taken to have been done or omitted to be done by, or done or suffered in relation to, the Commission.
2. Reference of questions
The reference of any question to the Public Land Use Commission in respect of which the Public Land Use Commission has not made a final report before the commencement of this Act is taken to be a reference of that question to the Commission.
3. Directions
Any direction given to the Sustainable Development Advisory Council or the Land Use Planning Review Panel before the commencement of this Act and which has not been fulfilled before that commencement is taken to be a direction given to the Commission.
4. Delegations
Any delegation by the Land Use Planning Review Panel, the Sustainable Development Advisory Council or the Public Land Use Commission in existence at the commencement of this Act is taken to be a delegation by the Commission.
5. Hearings
Any hearing conducted by or on behalf of the Land Use Planning Review Panel, the Sustainable Development Advisory Council or the Public Land Use Commission which has not been completed before the commencement of this Act continues as if it had been conducted by or on behalf of the Commission.
is taken to be a notice given by the Commission under section 14 .
7. Rights, obligations and liabilities
All rights, obligations and liabilities of the Land Use Planning Review Panel, the Sustainable Development Advisory Council or the Public Land Use Commission which are subsisting immediately before the commencement of this Act are transferred to the Commission.
8. Contracts and agreements
Any contract, agreement or arrangement entered into by the Land Use Planning Review Panel, the Sustainable Development Advisory Council or the Public Land Use Commission before the commencement of this Act and in force at that commencement is to be treated for all purposes as a contract, agreement or arrangement entered into by the Commission.
9. Legal proceedings
Any legal or other proceedings which, before the commencement of this Act, might have been instituted or continued by or against the Land Use Planning Review Panel, the Sustainable Development Advisory Council or the Public Land Use Commission may be instituted or continued by or against the Commission.
10. References in other Acts
A reference to the Land Use Planning Review Panel, the Sustainable Development Advisory Council or the Public Land Use Commission in any –
(a) Act; or
(b) planning scheme or other instrument; or
(c) document –
in force or subsisting at the commencement of this Act is taken to be a reference to the Commission.
Source text: opening excerpt
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
[Section 1 Amended by No. 28 of 2009, s. 5, Applied:01 Sep 2009] This Act may be cited as the Tasmanian Planning Commission Act 1997 .
2 Commencement
2 Commencement
This Act commences on a day to be proclaimed.
3 Interpretation
3 Interpretation
In this Act, unless the contrary intention appears,
[Section 3 Amended by No. 28 of 2009, s. 6, Applied:01 Sep 2009]Commission means the Tasmanian Planning Commission established under section 4 .
Part 2 Establishment, functions and powers of Tasmanian Planning Commission
Part 2 Establishment, functions and powers of Tasmanian Planning Commission
[Part 2 Heading amended by No. 28 of 2009, s. 7, Applied:01 Sep 2009]
4 Establishment of Tasmanian Planning Commission
4 Establishment of Tasmanian Planning Commission
(1) [Section 4 Subsection (1) amended by No. 28 of 2009, s. 8, Applied:01 Sep 2009] The Tasmanian Planning Commission is established.
(2) The Commission is part of the State's resource management and planning system, the objectives of which are set out in Schedule 1.
(3) The Commission –
(a) is a body corporate with perpetual succession; and
(b) has a seal; and
(c) may sue and be sued in its corporate name.
(4) The seal is to be kept and used as authorised by the Commission.
(5) The execution of a document sealed by the Commission is to be attested by 2 members of the Commission.
(6) All courts and persons acting judicially must take judicial notice of the imprint of the seal on a document and presume that it was duly sealed by the Commission.
Creates governance links between the Minister and the Commission: the Minister may give written directions generally (s 7(1)), but cannot direct in relation to the outcome of functions or powers specified in Schedule 3A (s 7(2)); the Minister must publish any directions in the Gazette within 14 days (s 7(3)). The Act also implements a ministerial statement of expectation process with consultation and public disclosure requirements (ss 7A-7B).
Regulates delegation (s 8), committees (s 9), use of state employees and others’ services (s 18), correction of minor errors in decisions (s 18A), annual reporting (s 19) and regulation‑making power (s 20).
Amends and consolidates references to predecessor bodies across Tasmanian statute law, transferring functions and references from bodies such as the Land Use Planning Review Panel, the Sustainable Development Advisory Council and the Public Land Use Commission, and preserving prior acts, delegations, contracts and proceedings (Schedules 4 and 5).
The Act therefore creates a central statutory decision‑maker for planning and public land inquiries while setting out evidence and procedural regimes, ministerial oversight mechanisms and limits on ministerial control for specified subject areas in Schedule 3A. Each of the mechanics above has direct compliance, administrative and enforcement consequences for Ministers, state agencies, local government, affected landowners, proponents and parties to hearings.
Main concepts
The Act is organised around a small set of organising concepts that determine institutional incentives and procedural outcomes.
Commission as statutory planning body and corporate entity. The Commission is explicitly part of the State’s resource management and planning system and must further Schedule 1 objectives (s 4(2); s 6(3); Schedule 1). That embeds sustainable development concepts , defined in Schedule 1(2) , into the Commission’s mandatory decision framework (sustainability is defined to include sustaining resource potential and safeguarding life‑supporting capacity of ecosystems).
Membership composition and expertise. The Commission’s constitution requires specified types of members nominated or recommended by the Minister and entities such as the Local Government Association, and includes ex officio/state agency representation (s 5(1)(a)-(h); Schedule 2). The chairperson/executive commissioner is appointed by the Minister and is full time (s 5(1)(a); Schedule 2(4)). The membership rules create a mix of planning, resource conservation, public administration and infrastructure expertise.
Functional scope and statutory duties. The Commission’s functions include statutory functions conferred by other Acts (s 6(1)), plus explicit advisory, planning coordination and review roles added by amendment (s 6(1A)(a)-(e)). Under this Act the Commission certifies and approves planning schemes and amendments and performs other functions imposed under the Act (s 8). Other Parts and Schedules extend the Commission’s role in public land inquiries and State policy reporting (Parts 2, 5).
Ministerial oversight with statutory limits. The Minister may give written directions and the Commission must comply (s 7(1)). However the Minister cannot direct the Commission in relation to the outcome of certain listed functions and powers (s 7(2)), identified in Schedule 3A. The requirement to publish directions in the Gazette within 14 days creates transparency for ministerial influence (s 7(3)). The ministerial statement of expectation mechanism (ss 7A-7B) formalises biannual ministerial objectives and requires consultation with the Commission and public availability of the statement (s 7B(1), (4), (8)).
Hearings as inquisitorial with public default. Hearings are managed by the Commission which may inform itself in any way, admit oral or written evidence, is not bound by evidence rules and must observe natural justice (s 10(1)(b)(i)-(vi)). Hearings are generally public (s 11(1)), with specific exceptions allowing private evidence when confidentiality outweighs public interest (s 11(2)-(3)). Written submissions and evidence must generally be made public, subject to the same confidentiality carveouts (s 12).
Information‑gathering and compellability. The Commission can issue written notices requiring production of documents or evidence and can require signed statements (s 14(1)(a)-(b)). The Commission may take possession of documents and make copies (s 14(2)). Failure to comply is an offence with specified penalties (s 16(1)-(2)), though a person may refuse to answer if self‑incrimination would result (s 16(3)).
Procedural and enforcement sanctions. The Act prescribes criminal and non‑criminal sanctions for false or misleading information (s 17), obstruction or improper influence of hearings (s 17A), wilful misconduct or disturbance (s 17B) and contempt processes including referral to the Supreme Court (s 17C). Protection for members and delegates is provided by judicial‑style immunity and no‑personal‑liability protections for good faith acts (s 13; s 13A).
Delegation and limits. The Commission may delegate functions except the delegation power itself (s 8(1)), may delegate regionally to prescribed bodies (s 8(2)), but cannot delegate certain listed functions or powers to particular Commission members (s 8(4)), and Schedule 3A lists matters where both delegation and directions in respect of outcomes are restricted.
Continuity and transitional reorganisation. The Act consolidates and replaces several predecessor bodies and transfers acts, delegations, proceedings, contracts and references to the Commission (Schedule 5). Schedules 4 and 5 show wide consequential amendments to other Acts to replace earlier bodies with the Commission.
Those concepts determine the incentives for the Commission (statutory obligation to further Schedule 1 objectives and to follow ministerial statements of expectation), the Minister (broad directional authority short of outcome control in Schedule 3A matters), and affected parties (compellability, public hearings, and potential penalties for non‑compliance).
Who it affects
The Act creates duties and powers that impose obligations, grant rights or change behaviour for identifiable groups. The source text identifies who is directly and indirectly affected.
Commission members and staff. Members are appointed by the Governor on nomination arrangements (s 5(2); Schedule 2). The chairperson is full time (Schedule 2(4)). Members are subject to disclosure requirements if they have an interest in a matter before the Commission (Schedule 2(7)). Members and delegates receive judicial‑style protection and are shielded from personal liability for good faith acts, though the Crown or Commission can still incur liability (s 13; s 13A(1)-(2)). Deputies may be appointed; deputies act as members when filling in (Schedule 2(8)).
The Minister. The Minister nominates the chairperson and a number of members (s 5(1)(a), (e), (f)-(h)), may give written directions to the Commission (s 7(1)), must provide a ministerial statement of expectation every even‑numbered year (s 7B(1)) and must publish Commission annual reports to Parliament (s 19(1)-(2)). The Minister is also obliged to consult the Commission before preparing the ministerial statement (s 7B(4)) and must publish directions in the Gazette (s 7(3)).
Local government and industry bodies. The Commission is required to provide advice to local government regarding planning schemes and the functions of local government under the Land Use Planning and Approvals Act 1993 (s 6(1A)(d)). Schedule 2 requires the Local Government Association of Tasmania to recommend a member possessing planning experience (s 5(1)(b); Schedule 2(1)). The Commission’s functions include facilitation of coordinated infrastructure and transport planning (s 6(1A)(c)).
State agencies and Ministers for particular portfolios. The Commission includes members nominated to represent relevant State Service agencies (s 5(1)(c), (g)-(h)) and may make arrangements with State Service agencies to make officers available to the Commission (s 18(1)-(2)). Schedule 3A identifies statutory areas where the Minister cannot direct Commission outcomes; those items include provisions in other Acts concerning national parks, threatened species, water management, and State policies and projects.
Landowners, developers and proponents. The Commission certifies and approves planning schemes and amendments (s 8). It conducts public hearings where proponents, objectors and interested members of the public can appear, be represented, and submit evidence (ss 10-12; s 11A). The Commission has power to require persons to produce documents or give evidence (s 14), which directly affects proponents, property owners and third parties in investigations or planning processes.
Persons subpoenaed or required to appear. A person given notice under s 14 must comply or face penalties (s 16). Rights such as refusal on grounds of self‑incrimination are preserved (s 16(3)). Witnesses have protection similar to Supreme Court witnesses (s 13(2)) and may be entitled to allowances or reimbursement (s 15).
The public and third‑party participants. Hearings are public by default (s 11(1)), and written evidence and submissions are to be made publicly available unless confidentiality exceptions apply (s 12). The Act therefore shapes public access to planning processes and creates transparency obligations.
Parties to existing arrangements with predecessor bodies. Schedule 5 transfers rights, obligations, contracts, delegations and proceedings from predecessor bodies (Land Use Planning Review Panel, Sustainable Development Advisory Council, Public Land Use Commission) to the new Commission (Schedule 5(1), (7)-(9)). That affects anyone with ongoing dealings or litigation involving those bodies.
Other statutes and statutory decision‑makers. The Act amends numerous other Acts to replace references to predecessor bodies with the Commission and to harmonise functions (Schedule 4). Schedule 3A lists matters where the Minister’s power to direct the Commission and the Commission’s power to delegate are restricted in respect of certain Acts (Schedule 3A).
In short, the Act affects the institutional players in Tasmania’s planning system (Minister, Commission, State agencies, local government), regulated persons and businesses seeking planning approvals, and members of the public participating in or affected by planning processes. The Commission’s compellability and publication regimes mean that the Act reaches beyond parties to proceedings to third parties who may hold documents or evidence relevant to planning hearings.
Key duties and rights
The Act sets out specific statutory duties for the Commission and for affected persons, and corresponding rights that shape process and enforcement.
Commission duties and obligations
Further Schedule 1 objectives. The Commission must perform functions and exercise powers in a manner that furthers the objectives set out in Schedule 1, which centre on sustainable development, fair and orderly land use, public involvement, economic development consistent with other objectives and shared responsibility across government, community and industry (s 6(3); Schedule 1(1)-(2)). Sustainable development is defined in Schedule 1(2).
Perform functions imposed by other Acts and specified advisory roles. The Commission must carry out functions conferred by other Acts (s 6(1)) and additional functions such as advising the Minister, planning for coordinated transport and infrastructure, advising local government and reviewing state/regional planning matters (s 6(1A)(a)-(e)).
Certify and approve planning schemes. Under this Act the Commission is given the function of certifying and approving planning schemes and amendments (s 8).
Conduct hearings and follow procedural duties. When holding hearings, the Commission must observe natural justice (s 10(1)(b)(v)) while determining procedure subject to s 11 (s 10(1)(a)). Hearings are generally public (s 11(1)) with specific confidentiality exceptions (s 11(2)-(3)). Written evidence and submissions are to be made public as soon as practicable, subject to confidentiality carveouts (s 12).
Report and be transparent. The Commission must prepare an annual report to the Minister by 31 October each year covering the preceding 12 months, and the Minister must table the report in Parliament (s 19(1)-(2)). The Commission must make the ministerial statement of expectation available on its website (s 7B(8)).
Ministerial rights and duties
Directions and oversight. The Minister may give written directions to the Commission and the Commission must perform its functions in accordance with them (s 7(1)). Directions must be published in the Gazette within 14 days (s 7(3)). The Minister must provide a ministerial statement of expectation by 31 January in each even‑numbered year and consult with the Commission before preparing it (s 7B(1), (4)).
Statutory limits on directions. The Minister may not give a direction in relation to the outcome of the exercise of certain powers or perform functions specified in Schedule 3A (s 7(2)). The ministerial statement of expectation cannot prevent the Commission from performing a function required by law or extend its powers (s 7B(3)(a)-(b)).
Rights of persons appearing or providing evidence
Representation. Parties at hearings may appear in person or be represented by any person, whether or not an enrolled Australian lawyer (s 11A(1)). The Commission may refuse representation if it would significantly disadvantage another party (s 11A(2)).
Protections against self‑incrimination. Persons served with notices under s 14 can refuse to answer to the extent it might incriminate them or make them liable to forfeiture or penalty (s 16(3)).
Witness protections and allowances. Witnesses have the same protection as Supreme Court witnesses (s 13(2)). Persons appearing pursuant to s 14 notices are entitled to prescribed travel and other allowances; the Commission may reimburse costs for collecting evidence (s 15(1)-(3)).
Enforcement duties
Compulsion and document retention. Where the Commission issues a notice under s 14, recipients must comply by producing documents, appearing to give evidence or supplying signed statements (s 14(1)). The Commission can take possession of documents, make copies or extracts and retain documents as necessary for the hearing (s 14(2)(a)-(b)).
Prosecution obligations and penalties. Specific offences carry defined penalties: refusal to comply with a s 14 notice or to attend is punishable by a fine not exceeding 20 penalty units (s 16(1)-(2)); giving false or misleading information or documents is punishable by a fine not exceeding 20 penalty units or imprisonment up to 6 months (s 17(1)); obstruction or improper influence is punishable by the same fine or imprisonment up to 6 months (s 17A); misconduct at hearings is addressed by exclusion orders and reasonable force for removal (s 17B).
Delegation and internal governance rights and duties
Delegation power with statutory exceptions. The Commission may delegate powers other than its power of delegation (s 8(1)). It may delegate regionally to prescribed bodies (s 8(2)), but may not delegate functions or powers under provisions listed in Schedule 3A to certain Commission members (s 8(3)-(4)).
Disclosure of interests. Commission members must disclose conflicts of interest at meetings, record that disclosure in minutes and usually withdraw from deliberation or decision unless the Commission otherwise determines (Schedule 2(7)).
Immunities and liabilities
Judicial‑type immunity for members and delegates in performance of duties (s 13(1)).
Protection from personal liability for members, the registrar and other persons acting under the Commission’s direction for acts done in good faith; this does not preclude Crown or Commission liability (s 13A(1)-(2)).
These duties and rights allocate who decides (the Commission subject to Ministerial directions with legal limits), who must act (Commission, persons issued s 14 notices), who may claim protections (witnesses, Commission members) and the consequences for non‑compliance (penalties, contempt referrals).
Penalties and enforcement
The Act establishes a mixture of civil procedure powers, criminal offences, statutory penalties, administrative powers and contempt referral mechanisms. These create distinct enforcement pathways.
Compellability and administrative enforcement
s 14: The Commission may issue written notices requiring production of documents, attendance at hearings and written signed statements (s 14(1)(a)-(b)). These are administrative compulsion tools rather than search warrants. The Commission may take possession of documents, copy or extract material and retain them for the purposes of the hearing (s 14(2)(a)-(b)). While the Act does not prescribe a separate civil contempt procedure for non‑compliance with a s 14 notice, failure to comply is an offence under s 16.
Criminal offences and penalties
Failure to comply with s 14 notices. A person given notice under s 14 must not, without reasonable excuse, refuse or fail to comply, refuse to take an oath or affirmation or answer required questions (s 16(1)); penalty: fine not exceeding 20 penalty units. A person required to appear must not, without reasonable excuse, refuse or fail to attend; penalty: fine not exceeding 20 penalty units (s 16(2)). The Act protects the right to refuse answering if the answer might incriminate the person or make them liable to forfeiture (s 16(3)).
False or misleading evidence or information. It is an offence to give to the Commission information or documents known to be false or misleading in a material particular, or to give such evidence or documents at a hearing (s 17(1)). Penalty: fine not exceeding 20 penalty units or imprisonment for up to 6 months. There is an express safe harbour where a person discloses at the time of providing a document that it is false or misleading and specifies in which respect (s 17(2)).
Obstruction or improper influence. s 17A criminalises obstruction or improper influence of the conduct of a Commission hearing or attempts to do so; penalty: fine not exceeding 20 penalty units or imprisonment up to 6 months.
Misconduct at hearings. s 17B(1) criminalises wilful insult of a member in relation to performance of functions, interrupting proceedings, or creating a disturbance with intent to disrupt. The Commission may order exclusion and may use reasonable force to exclude the person (s 17B(2)-(3)). A penalty is not specified in s 17B, but the order and use-of-force power are administrative enforcement measures.
Contempt. s 17C creates a pathway for the Commission to certify contempt to the Supreme Court. The Commission’s certificate is evidence and the Supreme Court must inquire into the alleged contempt, hear witnesses and may punish as if contempt occurred in relation to the Supreme Court. The Commission can issue arrest warrants to police to bring the person before the Supreme Court (s 17C(3)-(9)). The Bail Act 1994 applies to the contempt proceeding as it applies to an offence (s 17C(6)). The Rules of the Supreme Court govern the inquiry with necessary changes (s 17C(10)). The Commission’s certificate is prima facie evidence (s 17C(11)).
Protections and immunities for those enforcing or performing functions
Members and delegates enjoy protection and immunity equivalent to a judge of the Supreme Court in the performance of their duties (s 13(1)). Persons summoned or appearing as witnesses have the same protection as Supreme Court witnesses (s 13(2)).
s 13A shields members, the registrar and persons acting under the Commission’s direction from personal liability for good faith acts or omissions in performance or purported performance of functions; this does not prevent Crown or Commission liability (s 13A(1)-(2)).
Administrative remedies and transparency that support compliance
Publication obligations increase public scrutiny: directions from the Minister must be published in the Gazette within 14 days (s 7(3)). Written evidence and submission documents must be made publicly available, subject to confidentiality exceptions (s 12).
Annual reporting to the Minister, and parliamentary tabling, provide further public accountability (s 19(1)-(2)).
Practical enforcement implications
The maximum monetary penalty ceilings are set at 20 penalty units for offences under ss 16 and 17; the Act pairs monetary penalties with imprisonment options for false or misleading information and for obstruction (s 17, s 17A).
The Commission has both administrative compulsion (s 14) and prosecutorial avenues (ss 16-17) and may escalate recalcitrant behaviour to contempt proceedings in the Supreme Court (s 17C). The Act therefore provides graduated enforcement from administrative retention of documents and exclusion orders through to criminal sanctions and contempt referrals.
These enforcement tools create legal risk for persons served with notices or appearing at hearings, and provide the Commission with range of options to secure compliance while offering limited protections, including the right against self‑incrimination and judicial‑level immunities for its decision‑makers.
How it interacts with other laws
The Act is designed to sit at the centre of Tasmania’s resource management and planning legislative framework and expressly amends and interacts with many other statutes.
Explicit cross‑references and amendments
The Commission’s functions are complementary to duties conferred by other Acts: it has functions and powers conferred under other Acts (s 6(1)). Part 2 of this Act (s 8) makes the Commission the body that certifies and approves planning schemes under the Land Use Planning and Approvals Act 1993; Schedule 4 contains numerous consequential amendments replacing prior bodies across multiple Acts with the Commission (see Schedule 4 entries for the Land Use Planning and Approvals Act 1993, State Policies and Projects Act 1993, Public Land (Administration and Forests) Act 1991 and many more).
Schedule 3A lists specific statutory areas where the Minister may not give directions to the Commission in relation to the outcome of the exercise of a power or the performance of a function, and where delegation to certain Commission members is restricted (s 7(2); s 8(4); Schedule 3A). Schedule 3A explicitly includes Part 3 of this Act, Parts 2, 3, 3A, 3B and 4 of the Land Use Planning and Approvals Act 1993, Part 2 of the Major Infrastructure Development Approvals Act 1999, sections of the National Parks and Reserves Management Act 2002 and various other Act provisions concerning public land, threatened species, water management and Wellington Park (Schedule 3A items 1-11 and beyond).
The Act amends definitions and references in multiple Acts to replace earlier bodies (Land Use Planning Review Panel, Public Land Use Commission, Sustainable Development Advisory Council) with the new Commission and transfers functions accordingly (Schedule 4, multiple entries). Schedule 5 saves past acts, delegations, hearings, notices, contracts, proceedings and references and treats them as having been done by or referred to the Commission (Schedule 5(1)-(10)).
Procedural interaction and legal hierarchy issues
Ministerial directions vs statutory independence. The Minister may give directions in writing and the Commission must comply (s 7(1)). However statutory limits on that power (s 7(2); Schedule 3A) mean that, where Schedule 3A applies, the Commission retains decisional independence as to outcomes. The ministerial statement of expectation cannot prevent the Commission from performing a function it is required to perform nor extend its functions and powers (s 7B(3)). This creates a bounded relationship between executive policy and statutory adjudication.
Evidence and procedural rules. The Commission is not bound by the rules of evidence and may inform itself as it thinks fit at hearings (s 10(1)(b)(i)-(vi)). This can interact with other statutes that impose evidential or procedural standards in particular decision contexts; where Schedule 3A covers decision areas with statutory protections in other Acts, the Commission’s procedures must nonetheless respect legal constraints in those laws.
Contempt and Supreme Court interaction. The Commission can certify contempt to the Supreme Court and the Supreme Court must adjudicate and may punish as if the contempt occurred in relation to its own proceedings (s 17C). That creates a direct enforcement link with Tasmania’s superior court system.
Information sharing and state agency interactions
The Act expressly contemplates use of State Service officers by arrangement with the Secretary or Heads of State Service Agencies (s 18(1)-(2)), which permits cross‑agency secondment or service arrangements to provide expertise or administrative capacity.
The Commission may make arrangements with any person to obtain services from those persons’ employees (s 18(3)), facilitating contractual or service procurement relationships with non‑government entities.
Transitional and interpretive interactions
Schedule 5 preserves continuity by treating acts, hearings, notices, delegations and legal proceedings involving predecessor bodies as actions by the Commission going forward (Schedule 5(1)-(9)). This minimises the need for re‑issuing notices or re‑initiating proceedings because statutory continuity is given effect.
The Act’s definition of the Commission in s 3 cross‑refers to s 4, and the Schedule 1 objectives are imported into the duties of multiple other Acts by the consequential amendments listed in Schedule 4.
In practice the Act reconfigures the institutional architecture and statutory references for Tasmania’s planning and public land decision making. It centralises functions in a single Commission while recognising overlapping duties in other statutes, setting boundaries on ministerial control for specified subject areas and providing mechanisms for inter‑agency cooperation and continuity.
Amendment history
The text presented contains internal amendment annotations identifying the legislative instruments and dates that modified the Act. The source material itself records a number of insertions, substitutions and amendments with references to amending Acts and applied dates. The Act, as presented, therefore already incorporates several amendments; these are the amendments the source text records.
Key amendment markers visible in the source:
Section 1 (short title) is annotated as amended by No. 28 of 2009, s 5, applied 01 Sep 2009 (s 1 annotation).
Section 3 (interpretation) contains an amendment note No. 28 of 2009, s 6, applied 01 Sep 2009 (definition of Commission updated).
Part 2 heading, s 4 subsection (1) and s 5 subsection (1) carry amendment annotations referencing No. 28 of 2009 (s 7, s 8, s 9), applied 01 Sep 2009; s 5(1)(h) shows further amendment by No. 51 of 2012, Sched. 2, applied 01 Jul 2013.
Section 6(1A) is noted as inserted by No. 28 of 2009, s 10, applied 01 Sep 2009.
Section 7(2) substituted by No. 28 of 2009, s 11, applied 01 Sep 2009.
Sections 7A and 7B were inserted by No. 28 of 2009, s 12, applied 01 Sep 2009.
Section 8 subsections have amendment notes by No. 28 of 2009, s 13 and earlier insertion by No. 28 of 2000, s 4 applied 31 May 2000.
Schedule 2 and Schedule 3 entries show amendments in 2009 (No. 28) and 2012 (No. 51) reflected in nomination and deputy rules (Schedule 2(8) etc).
Section 11A was inserted by No. 49 of 2001, s 38, applied 16 Jul 2001 and subsequently had an amendment by No. 66 of 2007 Sched. 1 applied 31 Dec 2008.
Section 13A was inserted by No. 43 of 2006, s 55, applied 18 Dec 2006.
Section 15 subsection (4) shows amendment by No. 86 of 2000, Sched. 1 applied 01 May 2001.
Section 16 and 17 show no amendment notes in the body but adjacent insertions such as ss 17A-17C were added: ss 17A and 11A added by No. 49 of 2001 s 38 (2001), and ss 17B and 17C inserted by No. 43 of 2006 s 56 applied 18 Dec 2006.
Section 18A was inserted by No. 36 of 2018, s 29, applied 17 Dec 2018.
Schedule 3A was inserted by No. 28 of 2009, s 16, applied 01 Sep 2009, and later amended by No. 47 of 2015 s 60 applied 17 Dec 2015 and No. 20 of 2011 Sched. 2 applied 31 Aug 2011 as indicated in the Schedule 3A annotations.
Schedule 4 and Schedule 5 contain consequential amendments and transitional provisions which themselves specify amendments to many Acts; the Schedule entries show the Act names and the nature of the amendments rather than being a sequence of discrete amending Acts to this Act.
What the source does not provide
The source text as provided does not list a consolidated legislative timeline in one place; instead it includes inline amendment annotations linked to the specific sections that were changed. It does not, in this extract, provide the text of the amending Acts other than by reference (for example No. 28 of 2009, No. 43 of 2006, No. 36 of 2018, No. 51 of 2012, No. 49 of 2001, No. 86 of 2000, No. 66 of 2007, No. 47 of 2015, No. 20 of 2011).
The source does not include a complete chronological list of amending Acts in a separate schedule; readers must rely on the inline amendment notes adjacent to affected provisions.
Because the Act as presented incorporates these amendment notes, any compliance or interpretation exercise must take account of the inserted sections (for example ss 6(1A), 7A-7B, 11A, 13A, 17B-17C, 18A and Schedule 3A), and the consequential statutory re‑wiring set out in Schedules 4 and 5. Users wishing to confirm the precise legislative history should consult the amending Acts identified in the inline notes and the Tasmania Government Gazette for commencement dates.
Litigation history
The source material provided contains no case law or litigation history. No judicial decisions or appeals are named or summarised in the text supplied. The Act itself creates several areas that are likely to give rise to litigation or judicial review, and the mechanisms and pathways it establishes indicate where disputes would be brought, but the source does not record any outcomes.
Potential litigation focal points arising from the Act’s mechanics (identified from the text)
Judicial review of Commission process or decisions. The Commission is required to observe natural justice at hearings (s 10(1)(b)(v)). Where a party alleges a breach of natural justice in the Commission’s conduct of a hearing, statutory remedies in judicial review or appeal mechanisms under the Land Use Planning and Approvals Act 1993 (as amended by Schedule 4) may be engaged. The Act itself does not specify appeal rights from Commission decisions in this text , readers must refer to the specific Acts that confer substantive functions on the Commission.
Enforcement proceedings for non‑compliance under s 16 and s 17. The Act prescribes penalties for failure to comply with s 14 notices and for false or misleading information; prosecutions for these offences would generate litigation on issues such as the scope of s 14 notices, what constitutes a “reasonable excuse” and the application of the privilege against self‑incrimination in s 16(3).
Contempt referrals to the Supreme Court under s 17C. The Act sets out the procedure for the Commission to certify contempt; subsequent Supreme Court proceedings would be recorded in judicial decisions.
Questions about limits on ministerial directions. Section 7(2) and Schedule 3A carve out areas where the Minister may not direct the Commission regarding outcomes. Litigation could arise over whether a particular direction impermissibly attempted to control an outcome within Schedule 3A or whether an action fell outside Schedule 3A’s scope.
Delegation and appointment validity. Schedule 2 contains detailed appointment, deputy appointment and termination provisions. Disputes over validity or process of appointments, or the exercise of powers by deputies, could engage review mechanisms referenced indirectly by Schedule 2(11) and related clauses.
Because the source does not list cases, practitioners should search Tasmanian court databases, Tribunal records and published decisions for reported rulings that interpret the Commission’s powers, s 14 notices, s 16 non‑compliance offences, s 17 false evidence offences and s 17C contempt procedures, as well as decisions concerning the limits on ministerial directions under s 7 and Schedule 3A. The Commission’s decisions on planning schemes under the Land Use Planning and Approvals Act 1993 will also produce case law; those cases are not named in this source.
Gotchas
This Act contains several practical pitfalls and implementation risks that frequently catch operational and legal teams unprepared. The following are concrete, source‑grounded issues to flag.
Publication and disclosure obligations
Ministerial directions must be published in the Gazette within 14 days (s 7(3)). Failure to locate a direction in the Gazette could lead to mistaken reliance on an incorrect perception of the Commission’s independence. Organisations should actively check the Gazette for any directions that affect Commission practice.
Commission‑held written evidence and written submissions must be made public unless the Commission considers evidence would have been taken in private in an oral hearing or the person objects and the Commission agrees (s 12(c)-(d)). Parties submitting written materials should anticipate public release unless a confidentiality claim fits s 11(2)-(3).
Limits on ministerial control
The Minister can direct the Commission (s 7(1)), but not in relation to the outcome of functions specified in Schedule 3A (s 7(2)). Services or proponents may misread ministerial commentary or statements of expectation as tantamount to direction; however s 7B(3) makes it clear the ministerial statement cannot prevent performance of a function or extend powers. Disputes can arise where the boundary between permissible direction and prohibited outcome‑control is contested.
Delegation traps
The Commission may delegate powers except the power of delegation itself (s 8(1)). However, s 8(4) disallows delegation of functions or powers listed in Schedule 3A to particular members (those referred to in s 5(1)(g) or (h)). Care is needed when drafting delegation instruments to ensure they do not purport to delegate restricted items or delegate to disallowed persons.
Compellability and document retention
Notices under s 14 permit the Commission to take possession of documents and retain them for the duration necessary for the hearing (s 14(2)(a)-(b)). Entities producing documents should understand retention and inspection rights: during retention the Commission must allow inspection at reasonable times by persons who would be entitled to inspect them if not in the Commission’s possession (s 14(2)(c)). Producing sensitive commercial documents without a confidentiality claim under s 11 may lead to public disclosure via s 12.
Failure to comply with a s 14 notice is an offence (s 16(1)-(2)) carrying a fine (20 penalty units). The Act allows refusal to answer where doing so might incriminate the person (s 16(3)); however that does not remove exposure to other enforcement pathways, such as civil production orders via other Acts or use of derivative evidence.
Evidence rules and representation
The Commission is not bound by the rules of evidence (s 10(1)(b)(vi)). Parties should be aware that hearsay and other non‑traditional evidence may be admitted. Conversely, the Commission must observe natural justice (s 10(1)(b)(v)). Practitioners should prepare for an inquisitorial but procedurally fair hearing rather than an adversarial, evidence‑bound court trial.
A party may be represented by a non‑lawyer (s 11A(1)); however, the Commission may refuse representation if it would significantly disadvantage another party (s 11A(2)). This creates strategic considerations where opposing parties employ lay advocates.
Immunity and liability perceptions
Members and delegates have judicial‑style protection and immunity (s 13(1)), and s 13A(1) provides personal liability protection for good faith acts. These protections do not prevent Crown or Commission liability (s 13A(2)). Parties should be mindful that civil redress against individual members is constrained, but institutional accountability remains.
Transitional continuity assumptions
Schedule 5 treats prior acts, notices, delegations, contracts and proceedings as having been done by the Commission (Schedule 5(1)-(9)). Practitioners must not assume older notices or delegations have lapsed; they continue under the Commission unless expressly dealt with.
Administrative detail traps
The chairperson is full time (Schedule 2(4)). Where correspondence or operational expectations assume the chairperson will be part‑time, that assumption is incorrect and may affect resourcing expectations.
Quorum is four members (Schedule 3(1)). Decision‑making delays can arise if membership is incomplete. Schedule 2(11) confirms acts are not invalidated by vacancies, but practical logjam risk remains.
List of specific clauses to check on every matter
Directions and publication: s 7(1)-(3).
Ministerial statement of expectation: ss 7A-7B.
Restrictions on directions/delegations: s 7(2); s 8(4); Schedule 3A.
Compulsion and penalties: ss 14-17.
Confidentiality/public disclosure: ss 11-12.
Delegation to prescribed bodies/regionally: s 8(2).
Retention and inspection of documents: s 14(2)(b)-(c).
Immunity and liability protection: ss 13; 13A.
Annual reporting: s 19.
Being alert to these concrete provisions will reduce the risk of inadvertent non‑compliance, unanticipated disclosure and procedural challenge.
How to comply
This section frames practical compliance steps for the principal actors identified in the Act: the Commission, the Minister, state agencies/local government, and private parties (developers, landowners, witnesses). Each step is grounded in specific provisions.
For the Commission (operational checklist)
Embed Schedule 1 objectives into decision‑making. Ensure written procedures, guidance notes and decision templates explicitly reference Schedule 1 objectives and demonstrate how decisions further those objectives (s 6(3); Schedule 1).
Publish ministerial statement of expectation and follow consultation requirements. Require the Minister to consult before drafting (s 7B(4)); track the biannual timetable: statement due by 31 January in even‑numbered years (s 7B(1)); make the current version publicly available on the Commission website (s 7B(8)).
Maintain delegation instruments that respect statutory limits. When delegating, ensure no delegation purports to delegate the power of delegation and that items in Schedule 3A are not delegated to disallowed members (s 8(1)-(4); Schedule 3A).
Hearings processes: adopt procedure consistent with s 10 and s 11. Provide public notice of hearings by publication in at least two newspapers circulating in Tasmania with local circulation in the hearing region (s 10(2)(a)-(b)); observe natural justice in hearings (s 10(1)(b)(v)).
Confidentiality and public disclosure. Adopt a documented test for taking evidence in private under s 11(2)-(3) and a consistent policy for publishing written evidence and submissions under s 12 while recording confidentiality determinations.
Exercise s 14 powers with documented form notices and internal legal checks. Use prescribed formats for notices, track return dates for production or attendance, and maintain chain of custody when taking possession of documents (s 14(1)-(2)).
Record conflicts and maintain minutes. Ensure Schedule 2(7) interest disclosures are captured in minutes and that affected members withdraw from deliberation unless the Commission determines otherwise.
Annual reporting and recordkeeping. Prepare the annual report by 31 October each year for the preceding 12 months; forward to the Minister for tabling (s 19(1)-(2)).
Legal compliance and immunities. Train staff on s 13 and s 13A protections, emphasising good faith conduct and the distinction between personal immunity and institutional liability.
For the Minister (governance checklist)
Use directions within statutory boundaries. Any written direction must be published in the Gazette within 14 days (s 7(3)); do not attempt to direct outcomes for matters in Schedule 3A (s 7(2)). Keep directions framed as policy objectives or priorities rather than outcome prescriptions where Schedule 3A may apply.
Prepare and consult on the ministerial statement of expectation. Provide the statement on the statutory cycle and consult the Commission before preparing it (s 7B(1), (4)); ensure it does not prevent the Commission performing required functions or purport to extend its powers (s 7B(3)).
For State agencies and local government
Where nominated to the Commission or asked to recommend nominees, follow Schedule 2 timing and nomination procedures and be aware that deputy appointments are available (s 5(1)(b); Schedule 2(1), (8)).
Accept requests for secondments under s 18(1)-(2) with formal agreements that set out role, duration, remuneration and conflict management. Ensure State Service approvals when remuneration entitlements are involved (Schedule 2(6)(2) regarding State Service officers).
When asked to produce documents or assist in hearings, treat s 14 notices as statutory compulsion and manage legal risk with counsel, including asserting any lawful privileges while complying with timelines (s 14-16).
For private parties, developers and landowners
Anticipate public hearings and publication. Assume written submissions and evidence will be made public under s 12 unless a confidentiality argument under s 11 is successfully established. Where commercially sensitive material must be provided, seek to negotiate appropriate protective arrangements with the Commission in advance.
Responding to s 14 notices. Treat any s 14 notice as requiring immediate legal attention. If documents are to be produced, check for legal basis to withhold on grounds of privilege or self‑incrimination (s 16(3)). Where withholding is asserted, provide a legal basis in writing and be prepared for potential enforcement action.
Representation and conduct at hearings. Non‑lawyer representation is permitted (s 11A(1)), but the Commission can refuse representation that would significantly disadvantage another party (s 11A(2)). Ensure representatives are familiar with the Commission’s inquisitorial procedures and with natural justice obligations.
Penalties awareness. Understand the offence thresholds: non‑compliance with s 14 notices can attract fines (s 16); false or misleading documents or testimony risk fines or imprisonment (s 17); obstruction or improper influence of hearings carries similar penalties (s 17A).
Procedures for confidentiality claims. Make confidentiality claims early and in writing, and be ready to justify them under s 11(2)-(3) or s 12(c)-(d), explaining why public interest in confidentiality outweighs public hearing norms.
For witnesses and third parties
Claim allowances and expenses. If appearing by notice under s 14, claim prescribed travel and other allowances under s 15(1); where the Commission requests, seek reimbursement or compensation for costs incurred in collecting evidence (s 15(3)).
Understand protections and limits. Witnesses have the same protections as Supreme Court witnesses (s 13(2)). The right against self‑incrimination is preserved for compelled witnesses under s 16(3).
Practical drafting and operational tips
Use standard forms for s 14 notices and a log for service and compliance, with legal review before escalation to prosecution under ss 16-17.
When providing documents, retain copies and document chain of custody; when the Commission takes possession, schedule inspection times as permitted by s 14(2)(c).
Keep a public register of Commission determinations and confidentiality rulings to support transparency obligations under ss 12 and 19.
Reassess existing contracts, delegations, notices and proceedings that previously named other bodies, because Schedule 5 deems such matters to be actions of the Commission (Schedule 5(1)-(9)).
Following these concrete, section‑based steps reduces legal exposure, preserves evidential rights and aligns decision makers, agencies and private parties with the statutory scheme established by the Act.
Section 4Establishment of Tasmanian Planning Commission
(a) a person nominated by the Minister who is the chairperson of the Commission and Executive Commissioner; and
(b) a person who possesses planning experience nominated by the Minister on the recommendation of the Local Government Association of Tasmania; and
(c) a person who possesses experience in public administration relating to project implementation nominated by the Minister responsible for the administration of the State Policies and Projects Act 1993 ; and
(d) a person who possesses expertise and management experience in resource conservation nominated by the Minister; and
(e) a person nominated by the Minister who, in the opinion of the Minister, possesses planning experience and appropriate experience in industry and commerce; and
(f) [Section 5 Subsection (1) amended by No. 28 of 2009, s. 9, Applied:01 Sep 2009] a person who possesses resource conservation or planning experience nominated by the Minister to represent community interests; and
(g) [Section 5 Subsection (1) amended by No. 28 of 2009, s. 9, Applied:01 Sep 2009] a person, nominated by the Minister, who is either the Head of, or a State Service employee employed within, the State Service Agency that is responsible for the administration of transport and provision of infrastructure; and
(h) [Section 5 Subsection (1) amended by No. 28 of 2009, s. 9, Applied:01 Sep 2009][Section 5 Subsection (1) amended by No. 51 of 2012, Sched. 2, Applied:01 Jul 2013] a person, nominated by the Minister, who is either the chairperson of the Corporation, within the meaning of the Water and Sewerage Corporation Act 2012 , or a person who is recommended by that chairperson.
(2) The members of the Commission are to be appointed by the Governor.
(3) Schedules 2 and 3 have effect.
6 Functions and powers of Commission
6 Functions and powers of Commission
(1) The Commission has the functions imposed and powers conferred on it under any other Act.
(1A) [Section 6 Subsection (1A) inserted by No. 28 of 2009, s. 10, Applied:01 Sep 2009] In addition to the functions and powers referred to in subsection (1) , the Commission has the following functions and powers:
(a) to provide advice and support to the Minister in relation to the performance of his or her functions, and the exercise of his or her powers, in relation to land use planning under this or any other Act;
(b) to provide advice to the Minister in respect of matters related to land use planning;
(c) to plan for the coordinated provision of transport, and of infrastructure, for land development;
(d) to provide advice to local government in relation to planning schemes under the Land Use Planning and Approvals Act 1993 and the functions of local government under that Act;
(e) to review, and advise the Minister in respect of, State and regional strategic land use planning matters.
(2) The Commission may do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of its functions.
(3) The Commission must perform its functions and exercise its powers in a manner that furthers the objectives set out in Schedule 1 .
7 Commission subject to directions of Minister
7 Commission subject to directions of Minister
(1) Subject to subsection (2) , the Minister may give directions in writing to the Commission and the Commission must perform its functions and exercise its powers in accordance with those directions.
(2) [Section 7 Subsection (2) substituted by No. 28 of 2009, s. 11, Applied:01 Sep 2009] The Minister may not give a direction to the Commission in relation to the outcome of the exercise of a power, or the performance of a function, specified in Schedule 3A .
(3) Where the Minister gives directions to the Commission, the Minister must cause the directions to be published in the Gazette within 14 days from the date on which they were given.
7A Commission to comply with ministerial statement of expectation
7A Commission to comply with ministerial statement of expectation
[Section 7A Inserted by No. 28 of 2009, s. 12, Applied:01 Sep 2009] The Commission is to conduct its business and affairs in a manner that is consistent with the ministerial statement of expectation that is provided to the Commission under section 7B and that is in force.
7B Ministerial statement of expectation
7B Ministerial statement of expectation
[Section 7B Inserted by No. 28 of 2009, s. 12, Applied:01 Sep 2009]
(1) The Minister must provide the Commission with a ministerial statement of expectation by 31 January in each even-numbered year.
(2) The ministerial statement of expectation is to specify the objectives of the Minister in respect of any matter relating to the functions of the Commission.
(3) The ministerial statement of expectation –
(a) may not prevent the Commission from performing a function it is required to perform or otherwise complying with any Act; and
(b) may not extend the functions and powers of the Commission.
(4) The Minister must consult with the Commission before preparing the ministerial statement of expectation.
(5) The ministerial statement of expectation and any amendment to the ministerial statement of expectation is to be in writing and signed by the Minister.
(6) The Minister may at any time, at his or her discretion or after receiving an application from the Commission –
(a) amend the ministerial statement of expectation; or
(b) revoke the ministerial statement of expectation and substitute another ministerial statement of expectation –
by providing the amendment or substituted ministerial statement of expectation to the Commission.
(7) The ministerial statement of expectation, or an amendment to the ministerial statement of expectation, takes effect on a day specified in it, being a day not earlier than the day on which it is provided to the Commission.
(8) The Commission is to make the ministerial statement of expectation, as in force from time to time, available to the public on its website.
8 Delegation by Commission
8 Delegation by Commission
(1) The Commission may delegate any of its functions or powers other than this power of delegation.
(2) Without limiting subsection (1) , the Commission may delegate any of its functions or powers which relate to a particular region of the State to a prescribed body.
(3) [Section 8 Subsection (3) amended by No. 28 of 2009, s. 13, Applied:01 Sep 2009][Section 8 Subsection (3) inserted by No. 28 of 2000, s. 4, Applied:31 May 2000] Subject to subsection (4) , the power to delegate under this section is to be read as a power to delegate without limitation as to the person to whom it may be delegated.
(4) [Section 8 Subsection (4) inserted by No. 28 of 2009, s. 13, Applied:01 Sep 2009] The Commission may not delegate any of its functions or powers under a provision specified in Schedule 3A to a member of the Commission referred to in section 5(1)(g) or (h) .
9 Committees
9 Committees
The Commission may, by instrument in writing, establish committees of such persons as the Commission considers appropriate for the purpose of assisting it in the performance of its functions and the exercise of its powers.
Part 3 Hearings conducted by Commission
Part 3 Hearings conducted by Commission
10 Hearings
10 Hearings
(1) Where the Commission holds a hearing –
(a) the procedure at the hearing is, subject to section 11 , to be determined by the Commission; and
(b) the Commission –
(i) may inform itself about any matter in any way it thinks fit; and
(ii) may receive oral or written evidence; and
(iii) may consult with such persons as it thinks fit; and
(iv) is not bound to act in a formal manner; and
(v) must observe the rules of natural justice; and
(vi) is not bound by the rules of evidence.
(2) Before the Commission begins a hearing it must give reasonable notice of the hearing in at least 2 newspapers published daily and circulating generally in Tasmania, one of which circulates in the region in which the hearing is to be held, stating –
(a) the subject of the hearing; and
(b) the time and place at which the hearing is to be held.
11 Procedure at hearings
11 Procedure at hearings
(1) Subject to this section, a hearing must be held in public.
(2) If –
(a) a person appearing to give evidence at a hearing objects to doing so in public; and
(b) the Commission considers –
(i) that the evidence is of a confidential nature; and
(ii) the interest in confidentiality is greater than the interest in having the evidence taken in public –
the Commission may take the evidence in private.
(3) If the Commission considers –
(a) that evidence to be given at a hearing is of a confidential nature even though the person appearing to give the evidence has not objected to doing so in public; and
(b) the interest in confidentiality is greater than the interest in having the evidence taken in public –
the Commission may take the evidence in private.
(4) The Commission may, if it thinks fit, permit or require a person who is to give evidence to the Commission to do so in writing.
(5) The Commission may, at a hearing, take evidence on oath or affirmation.
11A Representation at hearing
11A Representation at hearing
[Section 11A Inserted by No. 49 of 2001, s. 38, Applied:16 Jul 2001]
(1) [Section 11A Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] At a hearing before the Commission, a party to the hearing may appear in person or be represented by some other person (whether or not the person is enrolled as an Australian lawyer or an Australian legal practitioner).
(2) The Commission may refuse to allow a party to the hearing to be represented if the Commission is satisfied that another party to the hearing would be significantly disadvantaged by that representation.
12 Written evidence and submission documents to be made public
12 Written evidence and submission documents to be made public
If a person –
(a) gives written evidence to a hearing; or
(b) makes a written submission to the Commission –
the Commission must, as soon as practicable, make available to the public in any way it thinks fit the particulars of the evidence or the contents of the submission, other than any matter where –
(c) the person objects to the matter being made public and the Commission considers that evidence of the matter would have been taken in private if it had been given orally at a hearing; or
(d) the Commission considers that, even though the person does not object to the matter being made public, evidence of the matter would have been taken in private if it had been given orally at a hearing.
13 Protection of members, &c.
13 Protection of members, &c.
(1) A member or delegate of the Commission has, in the performance of the member's or delegate's duties as a member or delegate, the same protection and immunity as a judge of the Supreme Court.
(2) A person summoned to attend or appearing before the Commission as a witness has the same protection as a witness in a proceeding in the Supreme Court.
13A Protection from liability
13A Protection from liability
[Section 13A Inserted by No. 43 of 2006, s. 55, Applied:18 Dec 2006]
(1) A member of the Commission, the registrar and any other person acting under the direction of the Commission do not incur any personal liability in respect of any act done or omitted to be done in good faith in the performance or exercise, or purported performance or exercise, of any function or power of the Commission or in the administration or execution, or purported administration or execution, of this Act.
(2) Subsection (1) does not preclude the Crown or the Commission from incurring liability that a member of the Commission, the registrar or other person mentioned in tha
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