2018: & Overview The Housing Land Supply Act 2018 (the Act) provides a more efficient and appropriate process for rezoning land owned by Housing Tasmania and surplus Crown land (Government land) that has been assessed as being suitable for residential use for affordable housing. It also enables the residential planning rules to be modified to optimise the use of Government land used for that purpose. This fact sheet provides a high-level summary of the roles and responsibilities of the key decision-makers and other stakeholders in the making or revocation of an order (a Housing Land Supply Order). Key decision-makers are the: the Minister for Planning (the Minister); and the Parliament of Tasmania (that includes the House of Assembly and the Legislative Council). Other stakeholders that have a role in the rezoning of Government land or the nomination of specific planning controls for residential use include State agencies that own or administer Government land, the Tasmanian Planning Commission (the Commission) and prescribed ‘interested persons’. Role of the Minister The Minister’s primary role is to determine whether an area of Government land that has been identified as suitable for residential use for affordable housing should be rezoned. The Minister may also nominate specific planning controls for residential use and development to areas of Government land that are already zoned for residential purposes and other land that may be subject to rezoning in accordance with the provisions of this Act (see Fact Sheet 2). Making a Housing Land Supply Order Subject to meeting strict eligibility and suitability criteria, the Act enables the Minister to make a Housing Land Supply Order declaring an area of Government land (i.e. Crown land or land held by the Director of Housing under the Homes Act 1935) to be ‘housing supply land’. The Minister may only make a Housing Land Supply Order if he or she has ensured that: the land is owned by the Government;
must publish a notice in the Tasmanian Government Gazette specifying that the transfer has occurred and the day on which the transfer takes effect. Role of the Parliament The role of the Parliament is to provide the over-riding check on whether the powers of the Minister have been appropriately exercised in the rezoning approval process. After the Minister has tabled a proposed Housing Land Supply Order in both Houses of Parliament, together with the reasons why the Minister is satisfied that the proposed order may be made, either House of Parliament may disallow the order within five sitting days of it being tabled. Role of State agencies who own or administer Government land State agencies who own or administer Crown land (and their relevant business units) and the Director of Housing as the owner and manager of land under the Homes Act (within the Department of Communities Tasmania) have differing roles under the Act. The Minister for Planning is required to obtain the consent of the Minister responsible for administering Crown land under the Crown Lands Act 1976, and the Secretary of the department responsible for controlling or administering the relevant land before a Housing Land Supply Order can be made. The Minister is also required to obtain the consent of the Director of Housing where the land is already managed under the Homes Act. Once a Housing Land Supply Order has been made, any Crown land that is declared as ‘housing supply land’ vests in the Director of Housing for the purposes of the Homes Act. This means that the Director of Housing is to take all reasonable steps to ensure that ‘housing supply land’ is used to deliver housing support programs, including affordable housing solutions, in accordance with the Homes Act. Role of ‘interested persons’ Before a proposed Housing Land Supply Order is made, the Minister is required to give notice to prescribed ‘interested persons’ and invite them to make a submission on relevant matters in respect to the proposed order. The role of ‘interested persons’, including the local council as the relevant planning authority, is to provide comment and advice in relation to any rezoning of land or the alteration of a planning provision to ensure its interests are fully taken into account by the Minister. In relation to the identified Government land, the ‘interested persons’ are: the planning authority for the area of land and any other planning authority that the Minister considers may be affected by the proposal;