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Validation (State Coastal Policy) Act 2024
The Validation (State Coastal Policy) Bill 2024 has been released for consultation and is available here. Submissions on the draft Bill can be forwarded to stateplanning@dpac.tas.gov.au by 5pm on Thursday, 1 August 2024.
The State Coastal Policy 1996 (SCP) is a critically important part of the State’s Resource Management and Planning System (RMPS) and has served the State well in protecting the coast and providing for sustainable development. Introduced almost 30 years ago the SCP has been amended twice to improve its operation.
In recent months the way that the SCP has been applied with respect to development on actively mobile landforms has come under question. The recent approval of the Robbins Island windfarm (more specifically the wharf required for the construction of the windfarm) by the Tasmanian Civil and Administrative Tribunal (TasCAT) has raised questions around the manner in which the SCP has been previously applied in relation to Outcome 1.4.2 of the SCP. That Outcome prohibits all development on actively mobile land unless it is for a purpose provided for under Outcome 1.4.1 (which relates to the protection of land, property and human life).
The location of the wharf and wharf infrastructure on Robbins Island was considered and approved by the Central Coast Council and the Tasmanian Civil and Administrative Tribunal.
The ongoing concerns with the operation of the current SCP is compounded by there being no definitive description of an actively mobile landform or any accepted map of their location. Tasmania has numerous developments that might be on actively mobile landforms which provide access, recreation, and help conserve areas of fragile environment. These range from boardwalks through the dunes, fencing, lookouts, boat launching facilities, bridges, jetties, and even golf courses.
The SCP Outcome 1.4.2 also required identification of areas where there is significant risk from coastal processes and hazards such as flooding, storms, erosion, landslip, sea level rise and other changes. With the introduction of the Tasmanian Planning Scheme across the State, there are now statewide mapping of these hazards and detailed planning scheme provisions for assessment of development in these areas. Furthermore, the new Tasmanian Planning Policies provide a second more detailed set of policies to guide future land use in the coastal zone.
The draft Bill seeks to validate previous permits issued under the Land Use Planning and Approvals Act 1993 (LUPA) from 25 February 2009 until the date of the commencement of the proposed legislation. It also ensures that no action can be taken against individuals or organisations that have acted in line with permits issued under LUPA.
Now that management measures have been put in place through the Tasmanian Planning Scheme, the Government also considers that the SCP should be changed to include more contemporary planning controls for actively mobile land on our coasts. A separate position paper will be released in coming weeks outlining the proposed changes.