The Land Use Planning and Approvals (Miscellaneous Amendments) Bill 2026 (the Bill) passed the House of Assembly on 12 August 2026. The bill is now before the Legislative Council and could be debated as early as 2 September 2026.

“The Government has completely failed to explain the unprecedented new powers we believe this Bill will hand to the Minister for Planning, said Sophie Underwood, State Director of Planning Matters Alliance Tasmania. 

“Is the reason these changes have not been made 100% clear because the Bill gives the Minister new powers to rezone land? We believe the Bill allows for the concentration of Ministerial power, creating a system whereby the Minister initiates the draft amendment to a planning scheme, with statewide application, and then holds the ultimate veto or approval power.

“Communities and local councils will have little recourse if a Minister decides to push through a controversial statewide zone change, particularly those that favour specific commercial or political interests over local community interests or strategic planning. 

“These could include zoning changes to facilitate data centres and property development.

“When a politician can modify or approve rules that affect every region in the state, on both public and private land, without being bound by independent recommendations from the Tasmanian Planning Commission, it diminishes public confidence in the fairness of the planning system.

“PMAT fears this is a power grab by the Minister for Planning, taking on new rezoning powers which former Minister for Planning Peter Gutwein promised would be the responsibility of Local Government,” she said.

Clause 4 of the Bill states State Planning Provisions (SPPs), which are the responsibility of the Minister, would include maps, overlays, and lists that apply rules directly to land – that is, to local planning schemes – with the potential power to rezone land. Currently, only the Local Provisions Schedule (LPS) includes Zoning and Code maps and these are the responsibility of local Councils.

“This is a major shift,” said Underwood. “The process for amending the State Planning Provisions (SPPs) differs entirely from applying them through a Local Provisions Schedule (LPS) amendment, primarily due to who is responsible for driving each process.”

Under the current Local Provisions Schedule (LPS) planning scheme amendment process:

• Local Councils are responsible for overseeing planning scheme amendments
• Councils release proposed amendments for public consultation
• The Tasmanian Planning Commission has the final say.

Under the proposed State Planning Provisions (SPPs) amendment process:

• The Minister is responsible for overseeing, proposing and preparing planning scheme amendments, including drafting the Terms of Reference
• The Minister approves the proposed amendment for public consultation
• The Tasmanian Planning Commission considers representations and makes recommendations to the Minister
• The Minister has the final say to approve, refuse or modify the draft State Planning Provisions amendment.

Furthermore, the Minister may decide ‘some or all’ of the provisions of the draft rezoning amendment (i.e. the draft State Planning Provisions amendment) should become an Interim State Planning Provision which means that the changes take immediate effect for a maximum of 12 months from the day it comes into effect with no prior consultation with residents, councils, and community groups. PMAT understands, this could mean the rezoning of land overnight. 

Clause 5 of the Bill also proposes to expand this power. 

A similar power to Interim State Planning Provisions is Planning Directive No. 6 (PD6) (Planning Directive No. 6 Exemption and Standards for Visitor Accommodation in Planning Schemes) which was used by the state government to bring in short stay visitor accommodation, virtually overnight on 1 July 2018, contributing to reduced long-term rental housing supply and a rise in housing costs across Tasmania.

“The ongoing state government proposed changes to planning processes are concerning,” said Underwood. 

“They continue to erode the relevance of local Councils and the participation of the public in planning decisions impacting their communities, well-being and environment”. 

For Comment

Sophie Underwood
State Director, Planning Matters Alliance Tasmania
Mobile: 0407501999