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PLANNING AND DEVELOPMENT (LOCAL PLANNING SCHEMES) REGULATIONS 2015

Table of Provisions

PART 1 -- Preliminary  

  • 1 Citation  
  • 2 Commencement  
  • 3 Terms used  
  • 3A Excluded holiday period days not counted in time periods  
  • 4 Authorised persons  
  • 5 Provision of documents to the Commission  
  • 6 Scheme in respect of Crown land  
  • 7 Scheme by order of Minister

PART 2 -- Elements of local planning schemes  

  • 8 Contents of local planning scheme  
  • 9 Defining area of local planning scheme  
  • 10 Local planning scheme text  
  • 10A Review of Schedule 2 Part 10B

PART 3 -- Local planning strategies  

  • 11 Requirement for local planning strategy for local planning scheme  
  • 12 Certification of draft local planning strategy  
  • 13 Advertising and notifying local planning strategy  
  • 14 Consideration of submissions  
  • 15 Endorsement by Commission  
  • 16 Publication of endorsed local planning strategy  
  • 17 Amendment to local planning strategy  
  • 18 Revocation of local planning strategy

PART 4 -- Preparation or adoption of local planning scheme

Division 1 -- Proposal to prepare or adopt local planning scheme  

  • 19 Resolution to prepare or adopt scheme  
  • 20 Notification of resolution

Division 2 -- Process for advertisement and submission of local planning scheme  

  • 21 Resolution to seek approval to advertise local planning scheme and provision of scheme to Commission  
  • 21A Submission of local planning scheme for advertising approval  
  • 21B Modifications to local planning scheme submitted for approval to advertise  
  • 22 Advertisement of local planning scheme  
  • 23 Land owner may be required to pay costs of publication  
  • 24 Submissions on local planning scheme  
  • 25 Consideration of submissions  
  • 26 Local government may advertise proposed modifications to local planning scheme  
  • 27 Incorporation of environmental conditions  
  • 28 Provision of local planning scheme and documents to Commission  
  • 29 Commission to submit local planning scheme and documents to Minister  
  • 30 Minister or authorised person may direct modifications to local planning scheme be advertised

Division 3 -- Giving effect to decision on local planning scheme  

  • 31 Decision by Minister to refuse to approve local planning scheme  
  • 32 Decision by Minister to require modification of local planning scheme  
  • 32A Decision by Minister to approve local planning scheme  
  • 32B Certified copy of local planning scheme  
  • 33 Advertisement of approved local planning scheme

PART 5 -- Amending local planning scheme

Division 1 -- Preliminary  

  • 34 Terms used  
  • 35 Resolution to prepare or adopt amendment to local planning scheme  
  • 35A Amendment to local planning scheme affecting area to which structure plan relates  
  • 36 Landowner may request Commission’s advice on type of amendment

Division 2 -- Process for complex amendments to local planning scheme  

  • 37 Resolution to seek approval to advertise complex amendment and provision of amendment to Commission  
  • 37A Submission of complex amendment for advertising approval with recommendation  
  • 37B Modifications to complex amendment submitted for approval to advertise  
  • 38 Advertisement of complex amendment  
  • 39 Land owner may be required to pay costs of publication  
  • 40 Submissions on complex amendment  
  • 41 Consideration of submissions on complex amendments  
  • 42 Local government may advertise proposed modifications to complex amendment  
  • 43 Incorporation of environmental conditions  
  • 44 Provision of complex amendment and documents to Commission  
  • 45 Commission to submit complex amendment and documents to Minister  
  • 46 Minister or authorised person may direct modifications to complex amendment be advertised

Division 3 -- Process for standard amendments to local planning scheme  

  • 46A Resolution to seek approval to advertise standard amendment and provision of amendment to Commission  
  • 46B Submission of standard amendment for advertising approval  
  • 46C Modifications to standard amendment submitted for approval to advertise  
  • 47 Advertisement of standard amendment  
  • 48 Land owner may be required to pay costs of publication  
  • 49 Submissions on standard amendment  
  • 50 Consideration of submissions on standard amendments  
  • 51 Local government may advertise proposed modifications to standard amendment  
  • 52 Incorporation of environmental conditions  
  • 53 Provision of standard amendment and documents to Commission  
  • 55 Commission to submit standard amendment and documents to Minister  
  • 56 Minister or authorised person may direct modifications to standard amendment be advertised

Division 4 -- Process for basic amendments to local planning scheme  

  • 57 Basic amendment not required to be advertised  
  • 58 Basic amendment to be provided to Commission  
  • 59 Commission may direct amendment be treated as complex or standard amendment  
  • 60 Commission to submit basic amendment to Minister  
  • 61 Minister or authorised person may direct basic amendment be advertised

Division 5 -- Giving effect to decision on amendment to local planning scheme  

  • 62 Decision by Minister to refuse to approve amendment to local planning scheme  
  • 63 Decision by Minister to require modification of amendment to local planning scheme  
  • 63A Decision by Minister to approve amendment to local planning scheme  
  • 63B Certified copy of amendment to local planning scheme  
  • 64 Advertisement of approved amendment to local planning scheme

PART 6 -- Review and consolidation of local planning schemes

Division 1 -- Review of local planning scheme  

  • 65 Review of local planning scheme  
  • 66 Report of review  
  • 67 Decision of Commission

Division 2 -- Consolidation of local planning schemes  

  • 68 Consolidation of local planning schemes  
  • 69 Amendment of local planning scheme arising from consolidation

PART 7 -- Development contribution plans  

  • 70 Development contribution area  
  • 71 Development contribution plan  
  • 72 Development contribution area and plans are complex amendments  
  • 73 Effect of development contribution plan

PART 8 -- Miscellaneous  

  • 74 Expenses of environmental review  
  • 75 Compensation  
  • 76 Transitional arrangements for replacement local planning schemes  
  • 76A Requirements for making documents available to public  
  • 76B Commission may approve varied requirements for publication of documents

PART 9 -- Repeal and transitional provisions

Division 1 -- Transitional provisions for Planning and Development (Local Planning Schemes) Regulations 2015  

  • 77 Terms used  
  • 78 Town Planning Regulations 1967 repealed  
  • 79 Planning instruments continued  
  • 80 Planning instruments in course of preparation  
  • 81 Development applications

Division 2 -- Transitional provisions for Planning Regulations Amendment Regulations 2020  

82. Advertising processes in progress on commencement day

Division 3 -- Transitional provisions for Planning and Development (Local Planning Schemes) Amendment Regulations 2024  

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