Planning & Environment Update – 31 August 2021

Welcome to the next edition of the planning and environment bulletin.

If you have any queries or would like further information regarding anything you read in our bulletins, please contact:

Anthony Spence SC
Principal
M: 0400 545 503
E: aspence@pageseager.com.au

Sarah Wilson
Special Counsel
M: 0428 102 712
E: swilson@pageseager.com.au

 

Roll out of the Tasmanian Planning Scheme

Glenorchy LPS

The Glenorchy Local Provisions Schedule (LPS) has now come into effect. The Tasmanian Planning Scheme (TPS) now applies in the Glenorchy municipal.

Clarence LPS

The Clarence LPS will come into effect on 8 September 2021. The TPS will apply in the Clarence municipal area from that date.

Southern Midlands Draft LPS

The Southern Midlands draft LPS is currently on public exhibition until 6 September 2020. Representations can be made to Southern Midlands Council during the exhibition period.

Click here to access the draft LPS and related documents.

Launceston Draft LPS

The Launceston draft LPS is on public exhibition until 18 September 2021. Representations can be made to Launceston City Council during this exhibition period.

Click here to access the draft LPS and related documents.

Central Highlands draft LPS

The Central Highlands draft LPS is on public exhibition until 22 October 2021. Representations can be made to the Central Highlands Council during this exhibition period.

Click here to access the draft LPS and related documents.

Please contact us if you would like more information about how the roll-out of the TPS impacts you or your business.

Cable car appealed by Proponent

Following the Hobart City Council’s (Council) decision to refuse the application for a cable car at kunanyi/ Mt Wellington, the Proponent has filed an appeal with the Resource Management Planning Appeal Tribunal.

The Council is automatically joined as a Respondent to the proceedings. A number of groups and individuals opposing the proposal have sought to join the proceedings as Parties Joined.

The appeal will address the 21 grounds which formed the basis of the refusal by Council. However, the Parties Joined may also seek to add additional grounds by making an application to expand.

The hearing date has been set for 28 February 2022.

Bushfire Survivors legal challenge

In Bushfire Survivors for Climate Action Incorporated v Environment Protection Authority [2021] NSWLEC 92 the Land and Environment Court of NSW held that the NSW Environment Protection Authority (EPA) had failed to develop environmental quality objectives, guidelines and policies to ensure environment protection from climate change.

The Bushfire Survivors for Climate Action (BSCA), sought an order in the nature of mandamus to compel the EPA to perform its statutory duty.

This duty is imposed on the EPA by s 9(1)(a) of the Protection of the Environment Administration Act 1991 (NSW) (POEA Act). The provision requires the EPA to “develop environmental quality objectives, guidelines and policies to ensure environment protection”.

The court ordered that the EPA must develop such instruments in accordance with s 9(1)(a) of the POEA Act.

Tasmania’s equivalent legislation, the Environmental Management and Pollution Control Act 1994, provides for development of Environment Protection Policies pursuant to ss.96G-96N.

Further guidance on Declaration of major projects

The Tasmanian Planning Commission has released new Determination Guidelines for the declaration of major projects pursuant to s.60J of the Land Use Planning and Approvals Act 1993 (LUPAA).

The Guidelines will provide guidance to the Minister when determining, under s. 60O of LUPAA, whether to declare a proposal to be a major project.

Click here to access the Determination Guidelines.

Varied planning process for affordable and social housing

The Tasmanian Government is seeking comment on the draft Housing Land Supply Amendment Bill 2021 (Bill) which seeks to amend the Housing Land Supply Act 2018 (Act).

The Act introduced a truncated process for rezoning and modifying planning scheme requirements for eligible government land to facilitate housing, particularly for affordable and social housing developments.

Public consultation is currently open on the draft Bill.

For more information visit the Department of Justice’s Community Consultation website here.

IPCC Report

The Intergovernmental Panel on Climate Change has recently released the Sixth Assessment Report (the Report). The Report aims to provide a high-level summary of the understanding of the current state of the climate.

Some of the key findings include:

  • It is unequivocal that human influence has warmed the atmosphere, ocean and land.
  • Human-induced climate change is already affecting many weather and climate extremes in every region across the globe.
  • Global warming of 1.5°C and 2°C will be exceeded during the 21st century unless deep reductions in CO2 and other greenhouse gas emissions occur in the coming decades.

Click here to view more details and to find the full report.

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