Under section 30F of the Land Use Planning and Approvals Act 1993, the Minister may declare a draft interim planning scheme to be an interim planning scheme, if it complies with the Act. A declared interim scheme comes into operation either on the date it was gazetted or on a later date specified in that gazette notice.
When declared, any planning scheme in operation immediately before the interim scheme was declared, ceases to have effect. The interim scheme remains in operation until a planning scheme (based on the interim scheme) is declared.
Section 30EA of the Act provides for a planning purpose notice to be issued by the Minister before declaring the interim planning scheme if there are local provisions (overriding local provisions) in a draft interim planning scheme that are to override common provisions in a planning directive.
This is a new process to achieve up-to-date and consistent planning schemes across the State. The Land Use Planning and Approvals Act 1993 was amended on 1 January 2010 to provide for interim planning schemes. Interim planning schemes are assessed under Part 3, Division 1A of that Act.
The Commission appoints an assessment panel as its delegate (section 8 of the Tasmanian Planning Commission Act 1997) to carry out the assessment. The powers and functions of the Commission which are necessary to do the assessment are delegated to each panel member. Panel members are appointed on the basis of skills, experience and expertise relevant to the issues.
A draft interim planning scheme is usually prepared by a council. However, sometimes the Minister for Planning may direct the Commission to prepare a draft interim planning scheme.
The council publicly exhibits the interim scheme and invites representations. The council then reports to the Commission on any representations received.
A hearing will be held by the Commission to help it consider each representation.
The Commission then reports to the Minister on the common provisions in the planning scheme and can recommend changes to those common provisions. If the Minister accepts these recommendations, a planning directive is prepared to amend the common provisions. This is the only way that common provisions can be amended.
The Commission may:
The flowchart (PDF, 160KB) shows the assessment process.
After the hearing, and any necessary changes are made, the Commission approves an interim planning scheme and the interim scheme becomes a (regular) planning scheme.
Opportunities for public input are through representations in response to:
More about interim planning schemes.