King Island draft Local Provisions Schedule (KILPS)

The Tasmanian Planning Scheme (TPS) is legislated under the Land Use Planning and Approvals Act 1993 and applies Tasmania wide providing common rules in each council area of the State, regulating use and development of land.

The TPS is made up of two parts:

1. The State Planning Provisions; and
2. The Local Provisions Schedule.

The State Planning Provisions (SPPs) sets out:

• How the TPS operates;
• Lists the exempt use and development not regulated under the TPS;
• Sets out all the zones and codes; and
• Requirements for a Local Provision Schedule.

Together the two parts form all the provisions that apply to use and development in a council area.

The Table of Contents of the TPS

The KIC- LPS must include zone maps, code overlay maps and tables.

The State Planning Provisions as part of the Tasmanian Planning Scheme can be viewed here >>

The SPPs zones provide use and development standards (rules) which will apply to all the municipal areas of Tasmania and are not unique to King Island. These rules set out what uses can be considered in a zone, regulate specific aspects of development such as building heights and setbacks, and provide controls for subdivision.

The SPPs include 23 generic zones.

The SPPs zones regulate how it can be used.

The KILPS has applied many of the SPPs zones but not all are used due to the rural and remote nature of the island.

Please click on these links for a quick guide to the zones applied to the island:

  State Planning Provisions Explained – Zones

There are 16 different codes and these assess impacts of use and development addressing issues that are common across zones such as road access, natural values (waterways, native vegetation, coastal refugia), bushfire, landslip, coastal erosion, and coastal inundation.

Not all of the codes are applicable to use and development proposed on King Island.

Please click on this link for a quick guide to the codes that are most likely to apply to use and development on the island.

  State Planning Provisions Explained – Codes

Yes, but only specific zone and code rules.

The KI-LPS inserts tailored rules to override the SPPs to provide for local area planning. The overriding rules are expressed through the particular purpose zones, the specific area plan and the site-specific qualifications.

The overriding provisions are as follows:

• Particular Purpose Zone – King Island Rural Area;
• Particular Purpose Zone – Cape Wickham and Ocean Dunes;
• Particular Purpose Zone – Rocky Glen;
• Particular Purpose Zone – Currie Harbour;
• Specific Area Plan – Fences in the King Island Rural Area; and
• Specific-site Qualifications.

Download Site-specific Qualifications

The Particular Purpose Zone – Rocky Glen and Particular Purpose Zone -Currie Harbour are two zones in the current King Island Interim Planning Scheme 2013. There is a new Site-specific Qualification relating to George Street. The other qualifications in the table are transferred from the King Island Interim Planning Scheme. 2013.

The Site-specific qualifications change the rules for identified properties.

Where does the PPZ – KIRA apply?

The PPZ – KIRA applies to the balance of the land area of the island outside of the townships, the EMZ and the PMZ.

The purpose of the PPZ-KIRA provides a tailored response to the island and to address the complexities of its rural area.

Why apply a Particular Purpose Zone and not the Agriculture Zone or Rural Zone of the SPPs?

The Agriculture Zone and the Rural Zone in the SPPs are different to those in the existing Rural Resource Zone in the King Island Interim Planning Scheme. The zones in the SPPs are restrictive and undermine the diverse economic activity in the council area.

The rural area of King Island functions differently to other municipalities and it must be versatile in its pursuits in the rural area. While agricultural activities is of the highest priorities, quarries for road construction, waste management, energy production and other utilities, and other emitting activities also occur in the rural area.

The rules in the Agriculture Zone and Rural Zone required modification to facilitate development that had both significant economic and social benefits.

Are exemptions for fences from requiring a planning permit?

The SPPs provides exemptions for erecting fences in all zones. There are specific exemptions that apply to fences in the RZ and AZ at clauses 4.4.1(h) and 4.6.6 for fencing and clearance of vegetation along boundaries to erect or maintain fencing in the rural area.

The exemptions do not apply in the KI LPS as the RZ and AZ is not used.

Will a planning permit be required for fences?

Fences are development, and a planning permit will be required under the Act without any overriding provisions in the draft KI LPS. Requiring a planning permit for fences is not practical in the rural area, as this impacts on day-to-day activities for basic and maintenance of farm infrastructure.

The general exemptions in the SPPs provide exemptions for fences that will apply to use and development on King Island. There are limitations to the general exemptions in relation to the PPZ-KIRA. Additional rules are needed to prevent requiring a planning permit for a fence in the rural area of King Island.

What rules are proposed?

The PPZ-KIRA lists fences associated with a use as No Permit Required. A permit will not be required for a fence unless it involves the clearance of native vegetation in a priority vegetation area.

To ensure that a planning permit is not required unnecessarily, the KI LPS proposes to insert a Specific Area Plan – Fences in the Rural Area (SAP-Fences). The new rules will override the requirements of the Natural Assets Code.

A No Permit Required status is retained where it meets the following criteria –

Clearance of native vegetation for a fence within a priority vegetation area must:

1. be within 3m from a boundary or centreline of a fence; and
2. be for the purpose of:
   (i) erecting or maintaining a boundary fence;
   (ii) erecting or maintaining an internal fence; or
   (iii) clearing along a property boundary.

Without the introduction of the SAP – Fences, it is likely to result in an unreasonable and onerous regulation for planning compliance which would place significant economic disadvantage on farming operations.

Why is the limit for native vegetation clearance set to be within 3m?

The 3m limit for native vegetation clearance is equivalent to the policy setting allowed under the general exemptions in the State Planning Provisions.

C7.0 Natural Assets Code applies to development on land within the following areas:

• waterway and coastal protection area;
• a future coastal refugia area; and
• priority vegetation area.

These areas can be viewed on the exhibted Overlay Maps. The applicable Overlay Map can be viewed here >>

The purpose of the C7.0 Natural Asset Code is to minimise the impact on water quality, natural assets such as native riparian vegetation, river condition and natural ecological function of watercourses, wetlands and lakes.

All three overlays will potentially apply to development on King Island.  Answers to the following questions have been provided to assist with the understanding of how this code applies to development on the island. See below for further information on the ‘priority vegetation area’ and ‘waterway and coastal protection area’ are discussed below.

What is priority vegetation?

Priority vegetation means native vegetation where any of the following apply:

1. it forms an integral part of a threatened native vegetation community as prescribed under Schedule 3A of the Nature Conservation Act 2002;
2. is a threatened flora species;
3. it forms a significant habitat for a threatened fauna species; or (d) it has been identified as native vegetation of local importance.

When is native vegetation clearance regulated under the Tasmanian Planning Scheme?

If an application for a permit involves the clearance of native vegetation for building, works or subdivision and it is in the priority vegetation area (coloured green on the map), C7.0  Natural Assets Code is triggered.

The SPPs regulate vegetation clearance as it relates to development. Where large scale native vegetation clearance is proposed, and it doesn’t involve building and works, this will be regulated under the Forest Practices Act 1985 and the Forest Practices Regulation 2017. Clearance of native vegetation for farming to create pasture will be assessed under this legislation not the Tasmanian Planning Scheme.

Will the Natural Assets Code override the Environment Protection and Biodiversity Conservation Act 1999?

The Natural Assets Code does not override or replace the role and function of Commonwealth legislation the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

How was the overlay map for priority vegetation prepared?

The priority vegetation area for King Island must be identified in accordance with the instructions in the SPPs.

The layer was prepared collectively with the other Tasmanian councils to enable a common State-wide approach. The Natural Resource Planning Pty Ltd developed the Regional Ecosystem Model and Priority Vegetation Layers mapping for most councils.

The Regional Ecosystem Model can be found here. The model was derived from the following attributes:

• Native vegetation (TasVeg-based units assessed Statewide and bioregionally);
• Priority species (threatened and other important species);
• Hollow dwelling species habitat; and
• Landscape ecological function – the ability of the landscape to maintain the elements of biodiversity it contains.

How accurate is the data shown on the overlay map?

Since the model was originally prepared, additional data collection and site-specific analysis of native vegetation was undertaken for King Island as part of a Commonwealth and State funded project.

New aerial photography was flown for King Island in 2022. The combination of new data collected, and the aerial photography has identified that there are inaccuracies with the current priority vegetation overlay.

The Department of Natural Resources and Environment is in process of digitizing the new data, creating updated TasVeg mapping information for the island.

The Council intends to prepare a new priority vegetation area overlay map as soon as the new data becomes available from NRE. The data entry is not yet completed and the Council was unable to present the updated overlay map as part of public exhibition. The Council is hopeful that the new data will be completed before the KI LPS process concludes.

Where can I find out if the priority vegetation area applies to my property?

To find out where the priority vegetation area applies to a property, click on the link below to access the Interactive Mapping Tool and select the priorty vegetation area overlay (menu on the right side of the screen). The ‘Quick Guide to the Interactive Map’ shows where the Priority Vegetation Report can be generated using the Interactive Mapping Tool.

Quick Guide to the Interactive Mapping Tool

Click here to access the INTERACTIVE MAPPING TOOL >>

The waterway and coastal protection area means land:

• shown on an overlay map in the relevant Local Provisions Schedule as within a waterway and coastal protection area; or
• within the relevant distance from a watercourse, wetland, lake or the coast shown in the Table C7.3 below, but does not include a piped watercourse or piped drainage line.

The Waterway and Coastal Protection Area Guidance Map prepared by the DPIPWE (now NRE) (Record View (thelist.tas.gov.au) is derived from several datasets including:

• the Conservation of Freshwater Ecosystem Values data;
• TasVeg3.0; and
• mapped saltmarshes by Visnu Prahalad.

Waterway and Coastal Protection Area Guidance Map can be found here >>>> 

The Guidance Map for King Island has captured:

• Artificial watercourses, in particular Egg Lagoon Creek within the Drainage District of the Egg Lagoon Drainage Area;
• Farm dams and open drains;
• Small clusters of vegetation within cleared pasture;
• Linear stands of vegetation on cleared pasture or within a road reserve; and
• Houses or farm buildings.

Why has the Guidance Map changed in the KILPS?

The Guidance Map if adopted without modification presents challenges for the farming community, potentially disrupting day-to-day farming activities, thereby creating an economic impact.

For example, within the King Island rural area there are several open drains associated with management of farming land throughout its area. Clause C7.3 defines the term ‘waterway and coastal protection area’. The definition excludes piped watercourses or piped drainage lines but does not exclude open drains.

There are no exemptions within C.7.4.1 which applies to existing pasture where land is within the ‘waterway and coastal protection area’. There are also no general exemptions in the SPPs.

Any maintenance, or repair of open drains, farm dams or could potentially trigger a planning permit and create unnecessarily onerous situation for rural land holders.

How was the ‘Waterway and Coastal Protection Area’ modified?

The following methodology was applied to the modify the Guidance Map as it is presented in the exhibited overlay maps:

1. The Council conducted several interviews with property owners across the King Island Rural Area to verify the location of watercourses on farming properties. The interview was guided with the assistance of Council staff, collecting data owners or land managers of the known watercourses on their properties.
2.  The information obtained from owners and land managers was then cross-check with the open data available from theLIST, including:

a. CFEV Rivers and CFEV Wetlands datasets, NScore reviewed (Microsoft Word – CFEV database_Metadata_v1.0_10Jun10_web (nre.tas.gov.au);
b. Aerial Photo 2022-2023 season, available at www.theLISTmap.tas.gov.au;
c. Hydrology dataset available at www.theLISTmap.tas.gov.au; and
d. 1: 50 000 Tasmanian topographic map available at www.theLISTmap.tas.gov.au.

The result of the review has excluded the above listed elements from the Guidance Map to produce the ‘waterway and coastal protection area’ to be applied to the municipality.