Environment Tasmania appreciates the opportunity to provide feedback on the Draft Land Use Planning and Approvals Amendment (Development Assessment Panels) Bill 2025. After reviewing the proposed legislation, we are concerned that the Bill would diminish community participation, reduce the role of elected councillors, limit appeal rights, and lower the overall integrity and transparency of the planning process. The proposed amendments would significantly weaken public oversight, reduce accountability, and undermine confidence in Tasmania’s planning system. For these reasons, Environment Tasmania does not support the Bill in its current form.
Community and council involvement
The November 2025 Draft DAPs legislation proposes to shift certain developments out of the standard planning process. As a result, councils and community members would have limited opportunities to participate in or influence assessment and approval decisions.
Role of elected councillors
Under the proposed DAP model, elected councillors would not be involved in determining development applications that meet DAP criteria. This would change the current system in which councillors provide local representation in planning decisions, including for proposals that may be significant for their communities.
Appeal rights
The Draft Bill does not provide a right for community members or stakeholders to appeal DAP decisions to the planning tribunal. This represents a departure from the appeal pathways currently available under the existing system.
Eligibility criteria for DAP assessment
The eligibility criteria for determining which developments are referred to a DAP remain broad and not clearly defined. As drafted, a wide range of proposals—other than industrial and mining developments regulated separately by the Environment Protection Authority—could be assessed through a DAP rather than the normal planning process.
Assessment of large or sensitive developments
The legislation does not clarify how large-scale or environmentally sensitive proposals on public or private land—such as developments within or adjacent to World Heritage Areas, National Parks or Reserves—would be considered within the DAP framework. Projects of this nature that have previously generated significant public interest could potentially be assessed under the proposed system.
Valuation thresholds
The valuation thresholds in the Draft Bill remain unchanged. As currently defined, these thresholds could result in relatively small-scale developments qualifying for DAP assessment due to the way estimated project values are calculated.
Housing outcomes
While the Draft Bill indicates that developments including affordable housing may be eligible for DAP assessment, the criteria do not specify a minimum proportion of affordable dwellings. Many housing projects can already be approved through the existing planning system, which may also better support integration with established communities.
Parallel assessment systems
The proposed structure may create two parallel planning pathways: one for developments assessed through the DAP process and another for those remaining within the standard council-led system. This could lead to differing experiences for applicants and community members depending on the assessment route taken.
Justification for reforms
Evidence suggests that only a small percentage of council planning decisions proceed to appeal, and Tasmania’s planning system is already among the more efficient in Australia in terms of development application timeframes. It is therefore unclear what specific problem the proposed DAP reforms are intended to address.
For these reasons, Environment Tasmania cannot support the Draft Bill in its current form. We encourage the Government to reconsider these proposed changes and work with councils, communities, planners, and civil society to develop reforms that genuinely improve planning outcomes while upholding transparency, accountability and public participation.
Signed:
Rebecca Howarth
Senior Marine Campaigner
Environment Tasmania