PLANNING AND DEVELOPMENT ACT 2005 - SECT 77A

PLANNING AND DEVELOPMENT ACT 2005 - SECT 77A

77A .         Minister may order local government to amend scheme to be consistent with State planning policy

        (1)         The Minister may, on the recommendation of the Commission, order a local government to prepare and submit for the approval of the Minister an amendment to a local planning scheme for the purpose of rendering the local planning scheme consistent with a specified State planning policy.

        (2)         The order must specify the following —

            (a)         the relevant State planning policy;

            (b)         the amendments that are to be made to the local planning scheme;

            (c)         the time (being sufficient time to allow the local government to comply with its obligations under Divisions 3 and 4) by which the local government must comply with the order.

        (3)         The Minister must, as soon as is practicable after the order is given to the local government, cause a copy of the order to be laid before each House of Parliament or dealt with under section 268A.

        (4)         If —

            (a)         the Commission makes a recommendation for the purposes of subsection (1); and

            (b)         the Minister decides not to make an order pursuant to the recommendation,

                the Minister must, as soon as is practicable —

            (c)         give the Commission written reasons for the Minister’s decision; and

            (d)         cause a copy of the reasons to be laid before each House of Parliament or dealt with under section 268A.

        [Section 77A inserted: No. 28 of 2010 s. 46.]