PLANNING ACT 2016 - SECT 18
Making or amending planning schemes
PLANNING ACT 2016 - SECT 18
Making or amending planning schemes
18 Making or amending planning schemes
(1) This section applies if a local government proposes to make or amend a
planning scheme.
(2) The local government must give notice of the proposed
planning scheme, or proposed amendment, (the
"instrument" ) to the chief executive.
(3) After consulting with the
local government, the chief executive—
(a) must give a notice about the
process for making or amending the planning scheme to the local government;
and
(b) may give an amended notice about the process for making or amending
the planning scheme to the local government.
(4) The chief executive must
consider the Minister’s guidelines when preparing the notice or an amended
notice.
(5) The notice, or amended notice, must state at least—
(a) the
local government must publish at least 1 public notice about the proposal to
make or amend the planning scheme; and
(b) the local government must keep the
instrument available for inspection and purchase for a period (the
"consultation period" ) stated in the public notice of at least—
(i) for a
proposed planning scheme—40 business days after the day the public notice is
published in a newspaper circulating in the local government area; or
(ii)
for a proposed amendment—20 business days after the day the public notice is
published in a newspaper circulating in the local government area; and
(e) the local government must consider all properly made
submissions about the planning scheme or amendment; and
(f) the
local government must notify persons who made properly made submissions about
how the local government dealt with the submissions; and
(g) the
local government must give the Minister a notice containing a summary of the
matters raised in the properly made submissions and stating how the
local government dealt with the matters; and
(h) after the planning scheme is
made or amended, the local government must publish a public notice about
making or amending the planning scheme.
(6) The local government must make or
amend the planning scheme by following the process in the notice or amended
notice.
(7) If the notice requires the Minister to approve the instrument,
the Minister may approve the instrument if the Minister considers the
instrument appropriately integrates State, regional and local planning and
development assessment policies, including policies under an applicable
State planning instrument.
(8) A planning scheme replaces any other planning
scheme that the local government administers.