Planning & Environment Update

Decision on the Hobart Local Provisions Schedule

On 1 August 2025, the Tasmanian Planning Commission (the Commission) published its decision on the Hobart draft Local Provisions Schedule (Draft LPS). This is a significant step as the Draft LPS must be approved before the Hobart municipality can transition from the Hobart Interim Planning Scheme 2015 (Interim Scheme) to the Tasmanian Planning Scheme.

Some key outcomes of the decision include:

• Modifications and substantial modifications: The Commission’s decision directed that the Hobart City Council make “modifications” and “substantial modifications” to the Draft LPS.
• Relevant planning scheme for new development applications: Any new development application validly made to Hobart City Council after 7 days of the date of the decision (being 8 August 2025) must be assessed under the provisions of the Draft LPS (as modified and amended) and the State Planning Provisions (SPPs) as if they were in effect. That is, the Interim Scheme is no longer relevant for new development applications.
• Formal approval process: Once Hobart City Council completes the required modifications and the Commission is satisfied that the LPS meets the necessary criteria, it will be formally approved under section 35L(1) of the Land Use Planning and Approvals Act 1993.

The full decision can be viewed here.

We can provide tailored advice on how the decision might impact your property.

Amendments to the TASCAT Act 2020

On 1 July 2025 the Tasmanian Civil and Administrative Tribunal (Additional Jurisdictions) Act 2025 (the Additional Jurisdictions Act) came into effect.

The Additional Jurisdictions Act resulted in several changes being made to the Tasmanian Civil and Administrative Tribunal Act 2020 (TASCAT Act). In relation to the Resource and Planning Stream there are two key changes:

• Removal of the 90-day timeframe: The long-standing requirement that the Tribunal must hear and determine an appeal or application within 90 days after it was instituted, or within a further period granted by extension by the parties or the Minister, has been removed.
  We note that extensions to the timeframe via consent from the parties was commonplace.
  The Resource and Planning stream’s “Information Sheet 7” outlines that the Tribunal will endeavour to have a decision delivered to the parties within 28 days from the conclusion of the hearing. However, this timeframe will depend upon the complexity of the matter and the amount of evidence adduced.

• Forestry Practices Stream: The Forestry Practices Stream has been abolished as a standalone stream and is now incorporated into the Resource and Planning Stream.
  Therefore, appeals and applications previously heard under the Forestry Practices Stream are now processed within the broader Resource and Planning framework.

Commonwealth environmental law reform

The Commonwealth Government has announced a new phase of environmental law reform. This builds on the initial three Bills introduced in May 2024 which sought to amend the Environment Protection and Biodiversity Conservation Act 1999 (the reforms).

At this stage it is unclear what specific changes are proposed to the reforms outlined in the three previous Bills. However, the Honourable Murray Watt, Minister for the Environment and Water, has advised that the proposed amendments will include:

• Cumulative impacts: Effects of multiple developments in a region.
• No-go zones: Areas where development will be prohibited due to high environmental value.
• Go-go areas: Locations where projects may proceed without individual assessments, based on broader habitat evaluations.
• Regional plans: To be developed jointly with states and territories, feeding into state planning laws and guiding development at a local level.

Draft legislation is expected to be put before Parliament by the end of this year. We’ll provide further updates once more detail becomes available.