PLANNING ACT 2016 - SECT 10
Making or amending State planning instruments
PLANNING ACT 2016 - SECT 10
Making or amending State planning instruments
(1) This section applies if the Minister proposes to make or amend a
State planning instrument.
(2) The Minister must publish a public notice that
states— (a) where copies of the proposed State planning instrument, or
proposed amendment, (the
"instrument" ) may be inspected or purchased; and
(b) a phone number or email
address to contact for information about the instrument; and
(c) any person
may make a written submission about the instrument to the Minister; and
(d)
the requirements for properly making a submission; and
(e) the period, after
the public notice is gazetted, within which a submission may be made.
(3) The
period for subsection (2) (e) must be at least— (a) for making a State
planning policy—40 business days; or
(b) for amending a State planning
policy—20 business days; or
(c) for making a regional plan—60 business
days; or
(d) for amending a regional plan—30 business days.
(4) The
Minister must give a copy of the public notice and instrument to each affected
local government.
(5) After the Minister considers all submissions that are
made as required under the public notice, the Minister must decide— (a) to
make the instrument; or
(b) to make the instrument with the changes that the
Minister considers appropriate; or
(c) not to make the instrument.
(6) If
the Minister decides to make the instrument (with or without changes), the
Minister must— (a) publish the decision by a public notice that states—
(i) the day when the instrument was made; and
(ii) where a copy of the
instrument may be inspected or purchased; and
(b) give a copy of the notice,
and the instrument, to each affected local government.
(7) A
State planning instrument that is made or amended substantially in compliance
with this section is valid, as long as any noncompliance does not— (a)
restrict the public’s opportunity to properly make submissions about the
instrument; or
(b) adversely affect public awareness of the existence and
nature of the instrument.
(8) If the Minister decides not to make the
instrument, the Minister must publish the decision by a gazette notice.