PLANNING AND DEVELOPMENT ACT 2005 - SECT 87

PLANNING AND DEVELOPMENT ACT 2005 - SECT 87

87 .         Approving and publicising scheme or amendment

        (1)         Subject to section 83, after advertisement under section 84 and compliance with sections 85 and 86 (if applicable), a local planning scheme prepared or adopted, or an amendment to a local planning scheme prepared or adopted, by a local government is to be submitted to the Minister for the approval of the Minister.

        (2)         The Minister may, in relation to a local planning scheme or amendment submitted to the Minister under subsection (1) —

            (a)         approve of that local planning scheme or amendment; or

            (b)         require the local government concerned to modify that local planning scheme or amendment in such manner as the Minister specifies before the local planning scheme or amendment is resubmitted for the Minister’s approval under this subsection; or

            (c)         refuse to approve of that local planning scheme or amendment.

        (3)         When the Minister notifies the Commission that the Minister has approved a local planning scheme or an amendment to a local planning scheme, the Commission is to cause the scheme or amendment to be published in the Gazette .

        (4A)         Any costs incurred by the Commission in publishing a scheme or amendment under subsection (3) may be recovered by the Commission from the local government which prepared or adopted the scheme or amendment as a debt due to the Crown.

        (4B)         When the Minister has approved a local planning scheme or an amendment to a local planning scheme, the local government which prepared or adopted the scheme or amendment is to —

            (a)         advertise the scheme or amendment in accordance with the regulations; and

            (b)         ensure that copies of the scheme or amendment are available to the public.

        (4)         A local planning scheme or amendment to a local planning scheme, when approved by the Minister and published in the Gazette , has full force and effect as if it were enacted by this Act.

        (5)         It is sufficient compliance with subsection (3) if a local planning scheme or amendment to a local planning scheme is published in the Gazette without any maps, plans or diagrams which form part of the local planning scheme or amendment.

        [Section 87 amended: No. 28 of 2010 s. 57; No. 26 of 2020 s. 49.]