Queensland Consolidated Acts

PLANNING ACT 2016 - SECT 23

23 Making or amending TLPIs

(1) A local government may make a TLPI if the local government and Minister decide—

(a) there is significant risk of serious adverse cultural, economic, environmental or social conditions happening in the local government area; and

(b) the delay involved in using the process in sections 18 to 22 to make or amend another local planning instrument would increase the risk; and

(c) the making of the TLPI would not adversely affect State interests.

(2) A local government may amend a TLPI if the Minister decides the amendment of the TLPI would not adversely affect State interests.

(3) A TLPI may suspend or otherwise affect the operation of another local planning instrument, but does not amend or repeal the instrument.

(4) The local government may make or amend a TLPI by following the process in the Minister’s rules.

(5) The Minister’s rules must provide for—

(a) the Minister to approve a TLPI or amendment before the TLPI or amendment is made; and

(b) the local government to publish a public notice about the making of a TLPI or amendment.

(6) The TLPI, with or without an amendment, has effect for 2 years after the effective day, or a shorter period stated in the TLPI, unless repealed sooner.

(7) A TLPI—

(a) does not create a superseded planning scheme; and

(b) is not an adverse planning change.