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TOWN PLANNING AND DEVELOPMENT ACT 1928 - SECT 9

This legislation has been repealed.

TOWN PLANNING AND DEVELOPMENT ACT 1928 - SECT 9

9 .         Regulations as to procedure

        (1)         The Minister may make regulations for regulating the procedure to be observed —

            (a)         with respect to the preparation or adoption of a town planning scheme; and

            (b)         with respect to obtaining the approval of the Minister to a scheme so prepared or adopted; and

            (c)         with respect to the review, variation or revocation of a scheme; and

            (d)         with respect to any inquiries, reports, notices, or other matters required in connection with the preparation or adoption or the approval of the scheme, or preliminary thereto, or in relation to the carrying out of the scheme or enforcing the observance of the provisions thereof, or the review, variation or revocation of the scheme.

        (2)         Provision shall be made by such regulations

            (a)         for securing that notice of the proposal to prepare or adopt a scheme shall be given, at the earliest stage possible, to any local government interested in the land; and

            (b)         for securing that the local government of the district in which any land proposed to be included in a scheme is situated, shall be furnished with a notice of any proposal to prepare or adopt such a scheme, and with a copy of the draft scheme before the scheme is made, and that such local government shall be entitled to be heard at any inquiry held by the Minister in regard to the scheme.

        (2a)         Without limiting the generality of subsection (1) regulations made under that subsection with regard to the variation of a scheme may require the payment by the owner of land of the costs incurred in the publication pursuant to the regulations of any notice prescribed therein relating to an amendment to a town planning scheme where the amendment is made at the request of that owner and is in respect of land owned by him.

        (2b)         The Minister may make regulations with respect to the persons from whom, and the means by which, a local government may recover expenses incurred by it in undertaking an environmental review required by the EP Act under section 48C(1)(a) of the EP Act.

        (3)         Regulations made under this section may prescribe penalties not exceeding $5 000 for offences against the regulations.

        (4)         A town planning scheme, or an amendment to a town planning scheme, made or adopted before the coming into operation of the Town Planning and Development Act Amendment Act 1975 1 or any act or thing done pursuant to such a town planning scheme or amendment to a town planning scheme shall not be regarded as invalid by reason only of one or more of the following reasons, namely —

            (a)         that, in the notice of that town planning scheme or amendment to a town planning scheme, as the case may be, the date specified by the Commission as the date on or before which objections to the scheme or amendment could be made was a date earlier, but not more than 7 days earlier, than the proper date;

            (b)         that the responsible authority did not accept for consideration an objection to that town planning scheme or amendment to a town planning scheme, as the case may be, being an objection that was made on or before the proper date but was not made —

                  (i)         on or before the date specified in the notice of the scheme or amendment; or

                  (ii)         more than 7 days before the proper date;

            (c)         that a copy of the notice of that town planning scheme or amendment to a town planning scheme, as the case may be, was displayed in the offices of the responsible authority for a period, shorter, but not more than 7 days shorter, than the prescribed period.

        (5)         In subsection (4) —

        “notice” , in relation to a town planning scheme or an amendment to a town planning scheme, means the notice notifying persons of their entitlement to make objections to that scheme or amendment;

        “prescribed period” , in relation to a notice notifying persons of their entitlement to make objections to a town planning scheme or amendment to a town planning scheme, means the period prescribed by the regulations as in force at the time that notice was displayed;

        “proper date” , in relation to a town planning scheme or an amendment to a town planning scheme, means the earliest date that the Commission could lawfully have specified as the date on or before which objections to that town planning scheme or amendment to a town planning scheme could be made.

        [Section 9 amended by No. 98 of 1965 s. 2; No. 113 of 1965 s. 8(1); No. 69 of 1975 s. 2; No. 120 of 1982 s. 7; No. 92 of 1985 s. 7; No. 84 of 1994 s. 55; No. 14 of 1996 s. 4; No. 23 of 1996 s. 47; No. 57 of 1997 s. 121(1), (3) and (4); No. 10 of 1998 s. 68(2).]