Planning Enforcement Under New LUPA Act Provisions

Posted July 6, 2015 2:51 pm

Recently a series of amendments to the Land Use Planning and Approvals Act 1993 (Tas) (‘LUPA’) have ushered in a more stream-lined approach to planning enforcement. Under the new provisions Councils are required to take a ‘front and centre’ position in enforcing their planning schemes. Persons are now required to report suspected contraventions of section 63 of LUPA to the Council before they have access to the Resource Management and Planning Appeal Tribunal (‘Tribunal’) and enforcement under section 64. A Council may no longer make an application under section 64 of LUPA but rather is provided with alternative powers for direct enforcement. A Council may decide to take action of its own motion or in response to a complaint from a member of the public.