PLANNING AND DEVELOPMENT ACT 2005 - SECT 256
PLANNING AND DEVELOPMENT ACT 2005 - SECT 256
256 . Regulations for content of local planning schemes
(1) The Governor may,
on the recommendation of the Minister, make regulations prescribing provisions
that deal with any or all of the following —
(a)
carrying out the general objects of local planning schemes;
(b) any
matter set out in Schedule 7.
(2) Before making a
recommendation under subsection (1) the Minister —
(a) must
consult with the EPA and local governments; and
(b) may
consult with any other public authority or person the Minister considers is
likely to be affected by the proposed regulations; and
(c) must
have regard to any submissions made pursuant to consultation under paragraphs
(a) and (b).
(3) Consultation under
subsection (2) may be undertaken in any way and within such period as the
Minister considers appropriate in the circumstances.
(4) Unless the
regulations otherwise provide, provisions prescribed under subsection (1)
apply to all local planning schemes.
(5) The regulations
must designate each provision prescribed under subsection (1) as —
(a) a
model provision, being a provision to which section 257A applies; or
(b) a
deemed provision, being a provision to which section 257B applies.
(6) The regulations
may include provisions of a savings or transitional nature that are necessary
or convenient to be made for the purpose of dealing with matters that are
incidental to or consequential on the prescribing of a model provision or a
deemed provision under this section.
(7) Without limiting
subsection (6), regulations made under that subsection may provide that
specified model provisions or deemed provisions of a local planning scheme
—
(a) do
not apply; or
(b)
apply with specified modifications,
to or in relation to
any matter.
[Section 256 inserted: No. 28 of 2010 s. 64;
amended: No. 26 of 2020 s. 74.]