LUPAA: Land Use Planning and Approvals Act 1993 (Tas)
LUPAA 1993 is the enabling Act for Tasmania's planning system: the TPS, four assessment categories, permit timeframes, and TASCAT appeals.
Ask Chalkline about this →LUPAA (the Land Use Planning and Approvals Act 1993 (Tas), Act No. 70/1993) is Tasmania’s principal planning statute and the enabling Act for the entire Tasmanian planning system. It establishes the Tasmanian Planning Scheme (TPS) framework, designates councils as the responsible planning authorities, sets the four assessment categories for any use or development, fixes the statutory permit timeframes, and grants appeal rights to the Resource and Planning Stream of the Tasmanian Civil and Administrative Tribunal (TASCAT). Everything in the Tasmanian planning system derives its authority from LUPAA. Verified per legislation.tas.gov.au and stateplanning.tas.gov.au (2026-06-11).
Category: Approvals & DA.
In plain English
LUPAA is the Act that says Tasmania can have a planning system at all. The Tasmanian Planning Scheme, the Local Provisions Schedules, the permit process, the appeal rights: all of them flow from LUPAA. For builders, the practical read is simple. Every project in Tasmania falls into one of four assessment categories set by LUPAA and the TPS, and which category your project lands in determines how long approval takes and whether neighbours can appeal.
What it requires
The planning hierarchy under LUPAA (top to bottom):
| Level | Instrument | Set by |
|---|---|---|
| 1 | Tasmanian Planning Policies (TPPs) | Minister; effective 1 July 2026 (verified 2026-06-11) |
| 2 | Regional Plans | Regional bodies |
| 3 | State Planning Provisions (SPPs) | Tasmanian Planning Commission |
| 4 | Local Provisions Schedules (LPS) | Each council (TPC-approved) |
The TPPs and Regional Plans set state-level policy that all lower instruments must implement. The SPPs set the 23 statewide zones and 16 codes. Each council’s LPS maps those zones onto specific parcels of land in the municipal area. All four layers derive their legal authority from LUPAA.
The four assessment categories (LUPAA ss. 57-58, TPS):
| Category | Permit needed | Statutory clock | Decision discretion |
|---|---|---|---|
| Exempt | No | None: no application needed | None: if criteria met, no permit required |
| Permitted | Yes | 28 days (LUPAA s.58(2)): council must approve if standards are met | None: council cannot refuse a compliant application |
| Discretionary | Yes | 42 days (LUPAA s.57(1)): merit-assessed | Full: council can approve, approve with conditions, or refuse |
| Prohibited | No permit possible | N/A | None: council has no power to approve |
The Permitted category is the key practical advantage of the Tasmanian system over NSW and VIC. If every numerical standard in the zone provisions and all triggered codes is satisfied, the council must grant the permit within 28 days. There is no merit discretion. Discretionary applications are merit-assessed: council advertises the proposal publicly, weighs submissions, and may impose conditions or refuse. An applicant or any person who made a written submission during the public exhibition period can appeal a Discretionary decision to TASCAT within 14 days of the notice of decision (verified per stateplanning.tas.gov.au 2026-06-11).
Appeals: TASCAT Resource and Planning Stream
LUPAA appeals are heard by the Resource and Planning Stream of the Tasmanian Civil and Administrative Tribunal (TASCAT), which absorbed the former Resource Management and Planning Appeal Tribunal (RMPAT) on 5 November 2021. The appeal deadline is 14 days from the date the council’s decision notice is given or sent. Standing to appeal belongs to the applicant (on a refusal or condition) or to any submitter who lodged written comments during the Discretionary application’s public notification period. Note: the existing corpus references RMPAT for historical context; TASCAT is the correct current body (verified per tascat.tas.gov.au, 2026-06-11).
What it doesn’t cover
- Building approvals: the NCC-based building permit process (compliance with structural, energy, and fire standards) is separate from the LUPAA planning permit. A project may need both a LUPAA permit and a building permit, each issued independently.
- Environmental licensing: LUPAA covers land use planning decisions; environmental approvals under the Environmental Management and Pollution Control Act 1994 (Tas) are a parallel process.
- Heritage approvals: while LUPAA and the Heritage Code govern planning decisions affecting listed places, works to a place listed under the Historic Cultural Heritage Act 1995 (Tas) may also require consent from the Heritage Council of Tasmania.
- Commonwealth matters: approvals under the EPBC Act 1999 (Cth) for matters of national environmental significance sit outside LUPAA entirely.
Practical implications
What this means for a Tasmanian builder:
- Before any project design begins, identify the council’s LPS zone for the site via PlanBuild Tasmania. The zone determines the assessment category for the proposed use and development.
- A Permitted outcome (28-day clock, no discretion) requires full compliance with every numerical standard. Missing a setback or height limit by even a small margin shifts the application to Discretionary.
- Discretionary means 42 days minimum, public advertising, and third-party appeal exposure. Budget for the extra time and for the possibility of conditions or refusal.
- The Prohibited category is absolute: no permit can issue regardless of merit, conditions, or design modifications.
- Under LUPAA the council’s role is as the responsible planning authority. The Minister has no power to intervene in individual development decisions (verified per stateplanning.tas.gov.au 2026-06-11).
- Engage a Tasmanian planning consultant for any Discretionary application. The merit assessment is fact-specific and the quality of the planning report drives the outcome.
Source link
- Land Use Planning and Approvals Act 1993 (Tas) at legislation.tas.gov.au (verified 2026-06-11)
- LUPAA overview at State Planning Tasmania (verified 2026-06-11)
References
- Land Use Planning and Approvals Act 1993 (Tas), Act No. 70/1993, via legislation.tas.gov.au (verified 2026-06-11).
- State Planning Tasmania, LUPAA overview, via stateplanning.tas.gov.au (verified 2026-06-11).
- TASCAT Resource and Planning Stream, tascat.tas.gov.au (verified 2026-06-11).
- Consumer, Building and Occupational Services (CBOS) Tasmania, building approvals and permits, cbos.tas.gov.au (verified 2026-06-11).
- Environmental Defenders Office, Appealing a planning permit decision in Tasmania, edo.org.au (verified 2026-06-11).
Related
- Tasmanian Planning Scheme structure: LUPAA, SPPs, LPSs, four assessment categories
- Tasmanian Planning Scheme (TPS)
- Local Provisions Schedule (LPS, Tas)
- Impact-assessed development
See also
Last updated: 2026-06-11. Verified: 2026-06-11. Quarterly review for currency.