Queensland Consolidated Acts

PLANNING ACT 2016 - SECT 17

17 Minister’s guidelines and rules

(1) The Minister must make an instrument that contains—

(a) guidelines setting out the matters that the chief executive must consider when preparing a notice about making or amending planning schemes; and

(b) rules about—

(i) making amendments including amendments to LGIPs, of a type stated in the rules, to planning schemes; and

(ii) making LGIPs, whether as part of a proposed planning scheme or as an amendment of a planning scheme; and

(iii) reviewing LGIPs; and

(iv) making or amending planning scheme policies; and

(v) making or amending TLPIs; and

(vi) making a planning change of a type mentioned in section 30 (4) (e) (i) , whether as part of a planning scheme or as an amendment of a planning scheme.

(2) Section 10 applies to making or amending the guidelines or rules as if the guidelines or rules were a State planning policy.

(3) However, section 10 (6) applies as if a reference in section 10 (6) (a) (i) to the day when the instrument was made were a reference to the day the guidelines or rules, or the guidelines or rules as amended, took effect.

(4) Also, the Minister must comply with section 10 (6) , as applied under subsection (3) , immediately after a regulation prescribes the guidelines or rules or the amended guidelines or rules.

(5) In addition, if an amendment of the guidelines or rules is a minor amendment, section 10 does not apply to the amendment.

(6) If the Minister makes a minor amendment of the guidelines or rules, immediately after a regulation prescribes the amended guidelines or rules, the Minister must—

(a) publish a public notice that states—

(i) the day when the amendment took effect; and

(ii) where a copy of the amended guidelines or rules may be inspected or purchased; and

(b) give a copy of the public notice, and the amended guidelines or rules, to each affected local government.

(7) The guidelines and rules, or the amended guidelines and rules, start to have effect when prescribed by regulation.

(8) In this section—

"minor amendment" , of the guidelines or rules, has the meaning given by section 11 (3) as if the guidelines or rules were a State planning instrument.