Land Use Planning and Approvals Amendment Act (No. 2) 2012 (TAS)

The Tasmanian Court of Appeal considered an appeal brought by the Department of State Growth against a decision of the Tasmanian Planning Commission. The subject of the appeal was the interpretation of the Land Use Planning and Approvals Amendment Act (No. 2) 2012 (TAS), specifically Section 30FA, which addresses the effect of interim planning schemes on pending permit applications. The court was required to determine whether certain permit applications, made before the operation of an interim planning scheme but not determined before its commencement, were nullified or continued under the former planning scheme.

The court held that the plain language of Section 30FA indicated that pending permit applications which were not determined before the interim planning scheme came into effect, and which did not relate to a request under section 43A, were to be treated as if the interim planning scheme did not apply. The court reasoned that the legislative intent was to ensure continuity in the planning process and to avoid any abrupt disruptions caused by the introduction of an interim planning scheme. By continuing to apply the former planning scheme to such applications, the court ensured that the planning process remained consistent and that the rights of applicants were protected. The court found that the applications in question were not nullified but rather continued under the former planning scheme, as provided by Section 30FA(3).

The court's interpretation of Section 30FA was confirmed, and the appeal was dismissed. The decision of the Tasmanian Planning Commission was upheld, and the permit applications in question continued under the former planning scheme.