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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 27 Making of State Planning Provisions

LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 27

Making of State Planning Provisions

(1)  The Minister, after considering a report provided to the Minister under section 25(1) in relation to a draft of the SPPs, contained, in accordance with section 25(2)(a) , in the report, and any other matters the Minister thinks fit, may –
(a) make the State Planning Provisions in the terms of the draft of the SPPs; or
(b) if the Minister is satisfied that a provision or provisions of the draft of the SPPs ought to be modified but that the modified provisions do not require re-exhibition – make the State Planning Provisions in the terms of the draft of the SPPs, with the modifications, if any, that the Minister thinks fit; or
(c) if the Minister is satisfied that a provision or provisions of the draft of the SPPs ought to be modified and re-exhibited –
(i) take the appropriate action to ensure re-exhibition of that provision, or those provisions, as so modified; and
(ii) make the State Planning Provisions in the terms of the draft of the SPPs, excluding the provision or provisions that are to be modified and re-exhibited and including the other provisions, which may be modified as the Minister thinks fit without being re-exhibited; or
(d) refuse to make the State Planning Provisions in the terms of the draft of the SPPs.
(2)  For the purposes of subsection (1)(c)(i) , the appropriate action to ensure re-exhibition of the provision, or provisions, of the draft of the SPPs that the Minister is satisfied ought to be modified and re-exhibited (the relevant provisions ) is that the Minister, after the SPPs are made under subsection (1) , either –
(a) prepares terms of reference under section 30C(1) in relation to the relevant provisions and issues a notice under section 30E(1) in relation to the relevant provisions; or
(b) approves under section 30G(3) for public exhibition a draft amendment of the SPPs, containing the relevant provisions, as so modified, as if the draft had been submitted to the Minister under section 30E(3) or section 30F(2) .
(3)  As soon as practicable after, under subsection (1)(d) , refusing to make the State Planning Provisions, the Minister must publish a notice in the Gazette specifying that he or she has refused to make the State Planning Provisions.