Land use and zoning refers to the designation of areas for specified purposes. This classification of land is essential to balance the interests and needs of private owners, the environment and the wider community. This subtopic addresses and discusses the relevant matters that influence a party's ability to use and develop their land. Further, the instruments and methods councils employ to restrict or control the use of private land will also be considered to highlight the importance of zoning compliance.

Land use and zoning in Australian states and territories is governed by:

• legislation;

• regulatory bodies; and

• environmental planning instruments.

Planning schemes and policies incorporate economic, social and environmental influences and can operate over the following levels:

• national;

• state or territory;

• regional; and

• local.

Although policies vary among states and territories, most land use and zoning guidelines are enacted to:

• control and manage the use of land;

• create more sustainable communities;

• protect and conserve resources and the environment; and

• plan, control, guide and regulate future decision-making.

Within these levels, varying policies also apply over land which is:

• privately owned; and

• public land.

See Types of land.

Although land use and zoning instruments are drafted in accordance with similar objectives, they are specific to individual states and territories in Australia.

In NSW, land use zoning and planning is principally governed by the:

• Environmental Planning and Assessment Act 1979 (NSW); and

• Environmental Planning and Assessment Regulation 2000 (NSW).

This legislation is primarily enforced by local governments and allows for the creation of environmental planning instruments (EPIs). In essence, EPIs are legally binding documents which regulate land use, development and the environment and include:

• state environmental planning policies;

• regional environmental plans; and

• local environmental plans.

The legal framework for the planning system in Victoria is structured around the:

• Planning and Environment Act 1987 (Vic); and

• Planning and Environment Regulations 2005 (Vic).

The Victorian planning system is developed by both local councils and the state government to ensure the protection and conservation of land for present and long-term use. The planning system regulates and controls land use and development of private and public land within a local council. Planning schemes incorporate:

• state and local planning policies;

• zones;

• overlays. Overlay zones are additional or stricter standards which are imposed to protect natural or cultural features of specific importance. Overlays are generally drafted pursuant to a purpose of local significance and accompany existing zoning restrictions; and

• specific provisions that affect how land can be used and developed.

In practice, planning schemes are binding on all the public, government authorities, as well as the local council, in the absence of express exemptions published in the Government Gazette. In addition, Commonwealth and state legislation specify that planning schemes do not apply to areas acquired by the Commonwealth for a public purpose.

In Queensland, land use and planning is governed by the:

• Planning Act 2016 (Qld) (which replaced the Sustainable Planning Act 2009 (Qld)); and

• Planning Regulation 2017 (Qld) (which replaced the Sustainable Planning Regulation 2009 (Qld)).

The Department of Infrastructure, Local Government and Planning has the key responsibility to administer and enforce legislative provisions which are centred on the concept of sustainability. Under s 8 of the Planning Act 2016 (Qld), planning instruments are instruments that set out the policies for planning or development assessment in Queensland and are categorised as either a State planning instrument or a local planning instrument.

Under s 8(2), a State planning instrument will be either:

• a State planning policy (including a temporary State planning policy); or

• a regional plan.

Further, local planning instruments provided under s 8(3) of the Planning Act 2016 (Qld) include:

• planning schemes;

• temporary local planning instruments; and

• planning scheme policies.

In Western Australia, land use and development is governed primarily by:

• the Planning and Development Act 2005 (WA);

• state planning policies made by the Planning Western Australia, including region planning schemes;

• local planning schemes made by local authorities; and

• the Environmental Protection Act 1986 (WA).

In practice, planning controls are mainly administered through relevant planning schemes made by either the WAPC or by local authorities, and are subject to any relevant state planning policies made by the WAPC.

The legal framework for the planning system in South Australia is structured around the:

• Development Act 1993 (SA); and

• Development Regulations 2008 (SA).

The South Australian planning system is administered by both local councils and the State Government to ensure the protection and conservation of land for present and long-term use. The planning system regulates and controls land use and development of private and public land within a local council. Planning schemes incorporate:

• a state-wide planning strategy;

• development plans;

• zones; and

• specific provisions that affect how land can be used and developed.

In practice, planning schemes are binding on all the public, government authorities, as well as the local council, in the absence of express exemptions published in the Government Gazette. In addition, Commonwealth and state legislation specify that planning schemes do not apply to areas acquired by the Commonwealth for a public purpose.

Tasmania has an integrated, wide ranging Resource Management and Planning System (RMPS), which was introduced in 1993. See the Tasmanian Planning Commission website for more information.

The RMPS regulates land use and development, state policies and projects, environmental management and pollution control, historic cultural heritage and major infrastructure development approvals.

Under the RMPS, local planning authorities and state agencies decide the use and development of resources on a set of principles of sustainable development set by the Land Use Planning and Approvals Act 1993 (Tas). The Land Use Planning and Approvals Act 1993 (Tas) sets out the way planning schemes are prepared and amended and how the development assessment, appeal and enforcement provisions operate.

Other important legislation includes the:

• State Policies and Projects Act 1993 (Tas), which allows master, state-wide policy regulatory statements;

• Resource Management and Planning Appeal Tribunal Act 1993 (Tas), which creates a tribunal for planning disputes; and

• Tasmanian Planning Commission Act 1997 (Tas), which establishes the statutorily independent master planning control authority.

The Resource Planning and Development Commission (which is part of the Tasmanian Planning Commission), as the peak planning body, oversees the State's planning system and is responsible for:

• assessment and approval of local government planning schemes and planning scheme amendments;

• assessment of Projects of State significance;

• assessment of draft State Policies;

• preparation of the Tasmanian State of the environment report;

• conducting inquiries into the use of public land; and

• the review of the representations and the report of the Secretary of the Department of Primary Industries, Parks, Water and Environment relating to draft water management plans.

The planning system is conducted at local government level through planning schemes that detail performance criteria and permitted types of use and development in particular areas under which councils issue planning permits.

State policies supplement the legislated principles of sustainable development. State policies are state-wide master planning policies under the State Policies and Projects Act 1993 (Tas) to set up a consistent framework for planning decisions under the Land Use Planning and Approvals Act 1993 (Tas).

In the Northern Territory, land use and zoning is principally governed by:

• the Planning Act (NT); and

• the Environmental Assessment Act (NT).

The Department of Lands, Planning and the Environmentis the main authority that administers and enforces the relevant legislative provisions.

The Australian Capital Territory’s (ACT) land use zoning and planning is based on a dual system that allows for the planning and development of both Territory and Commonwealth land. The ACT is different from most other states in that its system of land ownership is one of leasehold as opposed to freehold. Accordingly, the regulatory framework for land use zoning and planning in the ACT is:

• for Commonwealth land, the National Capital Plan established under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cth); and

• for Territory land, the Territory Plan established under the Planning and Development Act 2007 (ACT).

In the ACT, land is divided into block and sections which form part of a particular zone. There are numerous zones which determine the kinds of development allowed on particular blocks of land. Zoning types can be found in the ACT Territory Plan and can be altered over time according to changing social, economic and environmental factors.

For developments of Commonwealth land, the National Capital Authority (NCA) is responsible for administering the National Capital Plan and therefore issuing approvals prior to any development being undertaken in Commonwealth designated land. The National Capital Plan and the Territory Plan convey land that is exclusively of the Commonwealth.

The official authority responsible for upholding Territory planning and development legislation is the Planning and Land Authority (ACTPLA). ACTPLA administers and assesses development applications based on the permitted uses on the land as per the Territory Plan zoning system and the uses prescribed by the Crown lease on the particular block of land.

See Land use and planning instruments.

Zoning is the designation of areas of land for specific uses. Zoning is commonly a feature of local environmental plans and planning schemes which effectively divides the community into zones. The division of zones allows local authorities to specify for each zone the permitted uses, height and bulk of structures, minimum lot sizes, and dimensions and density of development. Zoning is necessary to regulate the use and development of land within a municipality. These provisions are prepared in accordance with existing national, state, regional and local planning policies and guidelines. Individual zoning tables and documents are drafted by the local council and outline the objectives of the particular zones. Further, supplementing zoning maps are provided to categorise areas designated for particular uses.

See Zoning.

Under the legislation, “developments” generally include:

• the use of land;

• the subdivision or consolidation of land;

• reconfiguring a lot;

• the erection, or exterior alteration or decoration of a building;

• the carrying out of work;

• the demolition or removal of building or works; or

• any other matter as referred to in the particular legislative provision or planning instrument.

Note that, in South Australia, “development” can also include:

• work that materially affects heritage value;

• tree-damaging activity;

• prescribed mining operations or earthworks; and

• acts or activities declared by regulation to constitute development.

See s 4 of the Development Act 1993 (SA).

In practice, most developmental work must be approved by the local council or the responsible authority before work can commence. To ascertain whether developments require consent, the local council plan or planning scheme must firstly be examined. In some circumstances, where the local council plan or planning scheme is not conclusive, further information can be obtained in the form of a planning certificate.

See Developments.

Increasingly, national, state and local governments recognise the need to contribute to strategic planning policies to guide sustainable growth of the community and the environment. This requires a balance of conservation and biodiversity outcomes with the social and economic needs of the public.

See Restrictions and sustainable planning.