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PLANNING ACT 2016 - SECT 10
Making or amending State planning instruments
(1) This section applies if the Minister proposes to make or amend a
State planning instrument.
(2) The Minister must publish a public notice that
states— (a) where copies of the proposed State planning instrument, or
proposed amendment, (the instrument) may be inspected or purchased; and
(b) a
phone number or email address to contact for information about the instrument;
and
(c) any person may make a written submission about the instrument to the
Minister; and
(d) the requirements for properly making a submission; and
(e)
the period, after the public notice is gazetted, within which a submission may
be made.
(3) The period for subsection (2)(e) must be at least— (a) for
making a State planning policy—40 business days; or
(b) for amending a
State planning policy—20 business days; or
(c) for making a regional
plan—60 business days; or
(d) for amending a regional plan—30 business
days.
(4) The Minister must give a copy of the public notice and instrument
to each affected local government.
(5) After the Minister considers all
submissions that are made as required under the public notice, the Minister
must decide— (a) to make the instrument; or
(b) to make the instrument with
the changes that the Minister considers appropriate; or
(c) not to make the
instrument.
(6) If the Minister decides to make the instrument (with or
without changes), the Minister must— (a) publish the decision by a public
notice that states— (i) the day when the instrument was made; and
(ii)
where a copy of the instrument may be inspected or purchased; and
(b) give a
copy of the notice, and the instrument, to each affected local government.
(7) A State planning instrument that is made or amended substantially in
compliance with this section is valid, as long as any noncompliance does
not— (a) restrict the public’s opportunity to properly make submissions
about the instrument; or
(b) adversely affect public awareness of the
existence and nature of the instrument.
(8) If the Minister decides not to
make the instrument, the Minister must publish the decision by a gazette
notice.
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