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STATE POLICIES AND PROJECTS ACT 1993 - SECT 15A Amendment of State Policies

STATE POLICIES AND PROJECTS ACT 1993 - SECT 15A

Amendment of State Policies

(1)  In this section,
referred amendment means a proposed amendment to a State Policy, or that part of a proposed amendment to a State Policy, specified in a direction given under subsection (2) .
(2)  Where a proposed amendment to a State Policy has been submitted to the Minister, the Minister may give a written direction to the Commission to advise whether the Commission considers the proposed amendment, or that part of it specified in the direction, constitutes a significant change to the State Policy.
(3)  Where the Commission is directed to provide advice in accordance with subsection (2) it must, within 21 days or such longer period as the Minister may allow, provide the advice to the Minister.
(4)  The Commission must –
(a) publish notice of its advice to the Minister under subsection (3) in the Gazette ; and
(b) make the advice available to any person who wishes to view it.
(5)  Where on receipt of advice from the Commission the Minister determines that a referred amendment does not constitute a significant change to the State Policy, the Minister must –
(a) publish a notice in the Gazette specifying the details of the referred amendment and that the Minister considers that the referred amendment does not constitute a significant change to the State Policy; and
(b) cause the notice and the advice of the Commission provided to the Minister under subsection (3) to be laid before each House of Parliament within the first 10 sitting days of the House after it has been published.
(6)  The referred amendment specified in the notice under subsection (5) takes effect on the date of publication of the notice in the Gazette .
(7)  If either House of Parliament passes a resolution within the first 5 sitting days after a notice referred to in subsection (5) is laid before it that the notice be disallowed, the amendment specified in the notice is void and, from that date of disallowance, the amendment ceases to have effect.
(8)  Where on receipt of advice from the Commission the Minister determines that a referred amendment constitutes a significant change to the State Policy, the Minister must give a written direction to the Commission to prepare a report on the referred amendment and the Commission must prepare a report in accordance with the direction.
(9)  Where the Minister determines under subsection (8) that a referred amendment constitutes a significant change to the State Policy, the provisions of sections 6 , 8 , 9 , 10 , 11 and 12 apply in relation to the referred amendment as if it were a draft State Policy.
(10)  For the purposes of this section, a referred amendment is taken to be a significant change to the State Policy to which it relates if it is a change which substantially alters the content or effect of the State Policy.