Development Assessment Panels
#SCRAPTHEDAP
We’re keeping watch on the DAP Bill
Disappointingly, the State Government has stated it will bring the DAP (Development Assessment Panels) legislation back to Parliament. This will be the fourth time the Government is pushing legislation to remove planning decisions from local councils and hand them to DAPs, an undemocratic fast-track process, stripping communities of their proper say and right to planning appeal.
We’re keeping a close watch on the Government and will be ready to act quickly when any new developments on the DAP Bill occur.
Summary
Since coming into office, the lutruwita/Tasmanian Liberal Government has changed planning laws dramatically reducing the power of local councils to make decisions about developments across Tasmania via the Tasmanian Planning Scheme and Major Projects legislation. This has weakened the rights of local communities to have a say and to appeal developments that impact their own home and their local streets, towns and local Parks, and their most treasured National Parks and Reserves.
In another step in a long line of anti-democratic measures introduced by the Government, it has proposed further anti-democratic changes to undermine Councils and communities right of say by:
Proposing to introduce Development Assessment Panels (DAPs). The Government has proposed that developments can be taken out of the normal planning process and assessed by DAPs, removing councils from having a say over approvals and removing planning appeal rights and with that, the voice of the community and voters. These changes are proposed for all urban/private land and reserved/public land across Tasmania.
Removing/limiting appeal rights. On the 7 February 2025, the Government announced further disturbing major changes to the planning appeals process. The Government’s intention is to almost entirely remove the community’s right to take planning appeals. This legislation will mean appeals can only be lodged by someone who is directly and adversely impacted by the planning decision. The limited appeal rights will apply to individuals and community groups and other organisations will not be able to appeal inappropriate developments across private and public land. However, property developers will maintain their rights to appeal Council decisions across all land tenures.
The Draft LUPA Amendment (Development Assessment Panel) Bill 2024 was tabled on the 19 November 2024 in the Tasmanian Parliament. The Liberal Government, supported by Labor, changed the standing orders of the Parliament so they could ram through the DAP Bill, despite it not being tabled for the required length of time. Unfortunately, it passed the House of Assembly/Lower House with the support of both Liberal and Labor. However, it’s noted that the entire cross bench voted against the Bill.
On 29th November 2024, PMAT, the Tasmanian Conservation Trust, and the Local Government Association of Tasmania briefed the Legislative Council on why they should vote the DAP Bill down. To great relief, the Upper House voted down the DAP Bill eight to six. See here.
Despite overwhelming community opposition, the Draft LUPA Amendment (Development Assessment Panel) Bill 2025 was brought back again in February 2025 and in November 2025. Both versions of the Bill were barely changed, deeply flawed and remain highly undemocratic. Very disappointingly, and repeatedly, the State Government is not listening to the community and continues to try and remove Councils and the community’s voice from planning. Merits based planning appeal rights are the only meaningful avenue the community has to keep decision makers and developers to account.
What's Happened to Date on DAPs
Nov 2023
PMAT released the first submission guide for the Tasmanian community to make a submission to #SCRAPTHEDAP on the State Govs proposed framework for DAPs on private/urban land.
Submission Results
Through PMAT's submission guide 542 submissions were received with 515 (95%) against (clearly against: 15 community organisations, 484 individuals, 11 councils and 5 councils mostly against).
January 2024
The State Government proposed DAPs for public/reserved land for our World Heritage Areas, National Parks, Reserves and Crown Land - covering 50.4% of our State.
March 2024
Over four hundred passionate Tasmanians packed Hobart Town Hall for PMAT’s #ScrapTheDAPs public meeting – the largest public event held during the March 2024 State election campaign. Click title link to watch public meeting livestream.
PMAT Surveys State Election Candidates
A State election was held on 23 March 2024 for all House of Assembly seats. Of the 167, 25 candidates completed our survey. Click title link to view full survey results.
DAPs for National Parks
PMAT released a submission guide for DAPs on public/reserved land including World Heritage Areas, National Parks, Reserves and Crown Land.
PMAT Surveys Legislative Council Candidates
Legislative Council elections were held on 4 May 2024 in the seats of Elwick, Hobart and Prosser. All 16 candidates were surveyed. 11 candidates completed our survey. Click title link to view full survey results.
Submission Results
808 public submissions received with 788 in opposition to DAPs on public/reserved land including World Heritage Areas, National Parks and Reserves, and Crown Land.
November 2024
PMAT released their submission guide regarding the first iteration of the draft DAP Bill for DAPs on private/urban land, which included implications for reserved land.
Submission Results
The total number of submissions received on the draft Bill: 482 (461 within consultation period + 21 outside consultation period). 444 of the submissions oppose the creation of DAPs – 92% against.
All 29 Councils Oppose DAPs
On the 21st November 2024 all 29 Councils in Tasmania voted against the flawed DAP Bill.
DAP Bill Passes Lower House
In the last two sitting weeks of Parliament, the Liberal Government, with Labor, changed the standing orders to ram through the DAP Bill, despite it not being tabled for the required length of time. Even though on the same day, every council in Tasmania voted against the flawed DAP Bill. The entire cross bench did however vote against the Bill. Click title link to view full survey results.
DAP Bill Voted DOWN by Upper House
On 29th November 2024, PMAT, the Tasmanian Conservation Trust, and the Local Government Association of Tasmania briefed the Legislative Council on why they should vote the DAP Bill down. To great relief, the DAP Bill was voted down eight to six.
February 2025
On 26 February 2025, the Planning Minister re-released the contentious and anti-democratic draft DAP Bill despite it being voted down in the Upper House in 2024.
March 2025
PMAT released a submission guide on the second iteration of the draft DAP Bill.
Submission Results
407 submissions made with 95% opposing the second version of the draft DAP Bill. 337 submissions cc’d to State Parliamentarians with the overwhelming majority opposing the unpopular DAPs legislation and defending community appeal rights and elected councillors’ roles.
Nov 2025
Despite overwhelming community and local council opposition, the Government brought back the draft DAP Bill legislation for a third time - barely changed, still deeply flawed and highly undemocratic.
Submission Guide
PMAT released a submission guide which received a RECORD NUMBER of 800 submissions, just through PMAT's website alone. The message clear: Tasmanians do not support DAPs.
February 2026
In anticipation of the DAP Bill being tabled, PMAT's community emailed both the Upper & Lower House asking them to scrap the legislation and never bring it back. Over 200 emails were sent.
March 2026
Over a few months, PMAT hosted 6 Pop-Up Actions at Parliament House in opposition to the DAP Bill. We spoke with community groups and members from all walks of life, as well as Local Councillors and Politicians.
June 2026
In a budget meeting on 05 June, the Planning Minister stated that they wouldn't be proceeding to establish DAPs at this point in time. Less than 24 hours later, the Government recommitted to DAPs.
The Government wants unpopular developments like the kunanyi/Mt Wellington cable car and high-rise buildings to bypass councils and the community, opening the door for controversial developments on public and private land, including in World Heritage Areas, National Parks and Reserves.
PMAT's Key Concerns
We oppose the creation of Development Assessment Panels (DAPs) and increasing ministerial power over the planning system, for the following reasons:
TAKES COUNCILS & COMMUNITY’S OUT OF PLANNING: The November 2025 Draft DAPs legislation will remove proposed developments from the normal planning process. The community and councils will be removed from having any meaningful say over development approvals.
REMOVES ELECTED COUNCILLORS FROM HAVING A SAY: This fast-track DAP process will remove elected councillors from having a say on the approval of the most controversial and destructive developments affecting local communities.
REMOVES PLANNING APPEAL RIGHTS: There will be no right for the community to appeal the final decision of a DAP to the planning tribunal.
DAP ELIGIBILITY CRITERIA BROAD AND UNDEFINED: The proposed DAP eligibility criteria are unchanged and almost any type of development, except for industrial and mining developments regulated by the Environment Protection Authority (EPA), could be removed from the normal planning process and assessed and approved by a DAP.
DAPS MAKE IT EASIER TO APPROVE LARGE SCALE CONTENTIOUS DEVELOPMENTS ON PRIVATE AND PUBLIC LAND INCLUDING WORLD HERITAGE AREAS, NATIONAL PARKS AND RESERVES: Nothing in the revised DAPs legislation stops the biggest and most controversial developments that have previously been stopped from returning and being approved by a DAP e.g. kunanyi/Mt Wellington cable car, Gondolas in Cataract Gorge and Hobart skyscrapers. New developments such as large-scale subdivisions like Skylands development at Droughty Point and the UTAS proposed re-development could also be fast-tracked.
SMALL SCALE DEVELOPMENTS COULD MEET DAP CRITERIA: There is no change to the fuzzy valuation system which would result in developments of very small scale still meeting the supposed dollar limits of $10 million in urban areas or $5 million in non-urban areas and $1M for council projects.
MORE HOUSING CAN BE APPROVED USING THE NORMAL PLANNING SYSTEM: The Government will claim that the DAPs will help get more affordable and social housing built but this is just an attempt to distract from the Government’s poor record of getting housing completed. A project only has to include some affordable housing, which could mean 1 house in 100, to meet the eligibility criteria to be assessed by a DAP. More housing can be approved using the normal planning system and this is likely to create more liveable housing that is connected to existing communities.
WILL CREATE TWO PLANNING ASSESSMENT SYSTEMS: This system will appeal to the property industry who are willing to navigate the DAP panel process and have resources for this. Will create two planning assessment systems, one used by the property industry and one by the community.
POOR JUSTIFICATION – THERE IS NO PROBLEM TO FIX: Only about 1% of council planning decisions go to appeal and Tasmania’s planning system is already among the fastest in Australia when it comes to determining development applications.
Submissions, Guides & Results
2025 NOV: Draft LUPA Amendment Bill (2025)
Please see below PMAT’s submission regarding the Draft LUPA Amendment (Development Assessment Panels) Bill 2025 which outlines our key concerns with the third iteration of the draft Bill. PMAT recommends the November 2025 DAP Bill be scrapped in its entirety and the legislation never be bought back. The current revised draft retains all the key flaws.
Public comment was invited between 7 November – 12 December 2025.
PMAT released a community submission guide to help comment on the Draft LUPA Amendment (Development Assessment Panels) Bill 2025 .
2025 FEB: Draft LUPA Amendment Bill (2025)
Please see below PMAT’s submission regarding the Draft LUPA Amendment (Development Assessment Panels) Bill 2025 which outlines our key concerns with the second iteration of the draft Bill. PMAT recommended the Bill be scrapped in its entirety.
Public comment was invited between the 26 February and 24 April 2025.
PMAT released a community submission guide to help comment on the Draft LUPA Amendment (Development Assessment Panels) Bill 2025 .
A total number of 407 submissions were received with 95% opposing the draft DAPs Bill. 337 submissions cc’d to State Parliamentarians with the overwhelming majority opposing the unpopular DAPs legislation and defending community appeal rights and elected councillors’ roles.
2024 OCT: Draft LUPA Amendment Bill (2024)
Please see below PMAT’s submission regarding the Draft LUPA Amendment (Development Assessment Panels) Bill 2024 which outlines our key concerns with the draft Bill. PMAT recommended the Bill be scrapped in its entirety.
Public comment was invited between the 7 October and 12 November 2024.
PMAT released a community submission guide to help comment on the Draft LUPA Amendment (Development Assessment Panels) Bill 2024 .
A total number of 482 submissions were received on the draft Bill: (461 within consultation period + 21 outside consultation period). 444 of the submissions opposed the creation of DAPs – 92% against.
2024 JAN: DAPs for Public/Reserved Land
Please see below PMAT’s submission regarding:
1. Consultation Paper: National Parks and Reserves Management Act 2002 – Reserve Activity Assessment Process Reform – Statutory Environmental Impact Assessment Process which proposes a new fast-track development assessment process for large or controversial projects on public reserved land. ‘Independent’ Assessment Panels (roughly equivalent to the proposed Development Assessment Panels for urban/private land) formed by the Tasmanian Planning Commission will assess developments in our National Parks and Reserves and Crown Land.
2. The supplementary Information Sheet: Proposed Management Planning Processes proposes major changes to how Reserve Management Plans are prepared and amended. A Management Plan for a National Park or other Reserve is a document prescribed in legislation that sets out the “rules” which determine what activities and developments can occur within a park, analogous to the role of a planning scheme in Local Government.
PMAT raised many concerns about what the Tasmanian Government is proposing with regards to development assessment and management of reserved and Crown land. PMAT made many recommendations including that at minimum, the Reserve Activity Assessment process must guarantee merits-based planning appeal rights for any significant development proposed on reserved and/or crown land. The community’s voice must not be removed from having proper say on developments on public land.
Public comment was invited between 11 January – 29 March 2024.
PMAT released a community submission guide to help comment on DAPs on public/reserved land, including our World Heritage Areas, National Parks, Reserves and Crown Land – covering 50.4% of our State.
A total number of 808 public submissions were received with 788 in opposition to DAPs on public/reserved land, including 222 submissions via PMAT’s submission guide.
During this period, over four hundred passionate Tasmanians packed Hobart Town Hall for PMAT’s #ScrapTheDAPs public meeting – the largest public event held during the March 2024 State election campaign.
2023 OCT: Proposed DAP Framework
Please see below PMAT’s submission regarding the Tasmanian Governments Position Paper on a proposed Development Assessment Panel Framework which outlines our key concerns with the proposed framework.
PMAT recommends abandoning the planning panels and instead take action to improve governance and the existing Council planning process by providing more resources to councils and enhancing community participation and planning outcomes.
Public comment was invited between the 19 October and 30 November 2023.
PMAT released a community submission guide to help comment on the Position Paper on a proposed Development Assessment Panel Framework.
Through PMAT’s submission guide on the Position Paper on a proposed Development Assessment Panel Framework, 542 submissions were received with 515 (95%) against (clearly against: 15 community organisations, 484 individuals, 11 councils and 5 councils mostly against).
PMAT Supports
- Retaining assessment and approval of developments within local councils (that is, maintaining councils as a Planning Authority), rather than replacing them with DAPs, ensuring meaningful public participation in the planning process leading to better planning outcomes.
- Elected councillors deciding on development applications. This enhances transparency, independence, accountability, public participation in decision-making within the planning system – all critical elements of a healthy democracy.
- Rather than replacing councils with DAPs, we should be improving council governance and planning processes and providing more resources to local councils. As the Local Government Association of Tasmania says better councils mean better communities.
Further Information
Listen/Watch PMAT’s #ScrapTheDAP 400+ strong Town Hall 2024 public meeting
John Dowson – President, Fremantle Society, former Deputy Mayor and Councillor, City of Fremantle, WA. Why DAPs have failed in WA. Dr Phillipa McCormack – Adjunct Lecturer in Law, University of Tasmania & researcher with the University of Adelaide with expertise in environmental regulation & administrative law. Alice Hardinge – Tasmanian Campaigns Manager, Wilderness Society Tasmania. Anja Hilkemeijer – Lecturer in law at the University of Tasmania, with a focus on foundations of public law, constitutional law and human rights law. Mayor Reynolds – Lord Mayor & Councillor, Hobart City Council.
Key Documents:
- Report on Consultation – DAP Framework Position Paper.
- Development Assessment Panel (DAP) Fact Sheet.
- The draft Land Use Planning and Approvals Amendment (Development Assessment Panels) Bill 2024 and General Bill process.
Independent Commission Against Corruption (ICAC)
ICAC Report – Anti-Corruption Safeguards & the NSW Planning System
DAPs failing on mainland Australia
NSW: Local planning panels were created to stamp out corruption, but councillors from across the political spectrum (including Philip Ruddock) say they favour developers and undermine democratic accountability: How ‘unelected faceless men and women’ keep approving NSW developments, Sydney Morning Herald, August 15, 2021.
NSW: EDO NSW Report Merits Review in Planning in NSW: Mainland research demonstrates removing merits-based planning appeals has the potential to reduce good planning outcomes – including both environmental and social.
WA: JDAP Ignores 220 Submissions, Fremantle Herald, October 2023.
Related News & Media
Joint Media Release: Tasmanian Government fails to act on protecting National Parks & Reserves from Major Developments
Our organisations do support legislation to make the RAA process a statutory process to address a range of existing problems
DAP Survey Results: Legislative Election Candidates Position on DAPs 2025
Legislative Council (Upper House of Tasmanian Parliament) elections are being held on 24 May 2025 in the seats of Montgomery,
PMAT Media Release: The Tasmanian Government’s renewed push for DAPs is another demonstration they don’t care about the community
The Tasmanian Government’s renewed push for DAPs is another demonstration they don’t care about the community or Local Government,” says
The Mercury: Some Disturbing Developments for Democracy
“Underpinning the DAP [Development Assessment Panel] proposal and the curtailment of appeal rights is the undermining of democracy. And there
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