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PLANNING ACT 2016 - SECT 37
Process for making or amending designation
37 Process for making or amending designation
(1) This section is about the process for— (a) making a designation for
premises; or
(b) amending a designation for premises, including by
amending— (i) the area of the premises; or
(ii) the type of infrastructure
for which the premises were designated; or
(iii) a requirement included in
the designation under section 35 (2) .
(2) If the Minister proposes to make
or amend a designation, the Minister must give notice of the proposal to the
affected parties.
(3) However, the Minister need not give the notice to an
owner of premises if— (a) a notice has already been given to the owner as
part of the consultation for an assessment under section 36 (2) ; or
(b) the
Minister can not notify the owner after making reasonable efforts.
(4) A
notice under subsection (2) must state the following— (a) that a submission
about the proposal may be given by an affected party to the Minister;
(b) the
period, of at least 15 business days after the notice is given, in which the
submission may be made;
(c) the requirements for a properly made submission.
(5) If, after considering any properly made submissions, the Minister decides
not to proceed with the proposal, the Minister must give a decision notice to
the affected parties.
(6) If a local government proposes to make or amend a
designation, the local government must follow the process in the
designation process rules, before the local government makes or amends the
designation.
(7) In this section—
"designation process rules" means rules made by the Minister and prescribed by
regulation. Note— See section 42B for the process for making or amending
the rules.
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