Queensland Numbered Acts

PLANNING ACT 2016 - SECT 18

18 Making or amending planning schemes

(1) This section applies if a local government proposes to make or amend a planning scheme.

(2) The local government must give notice of the proposed planning scheme, or proposed amendment, (the instrument) to the chief executive.

(3) After consulting with the local government, the chief executive—

(a) must give a notice about the process for making or amending the planning scheme to the local government; and

(b) may give an amended notice about the process for making or amending the planning scheme to the local government.

(4) The chief executive must consider the Minister’s guidelines when preparing the notice or an amended notice.

(5) The notice, or amended notice, must state at least—

(a) the local government must publish at least 1 public notice about the proposal to make or amend the planning scheme; and

(b) the local government must keep the instrument available for inspection and purchase for a period (the
"consultation period" ) stated in the public notice of at least—

(i) for a proposed planning scheme—40 business days after the day the public notice is published in a newspaper circulating in the local government area; or

(ii) for a proposed amendment—20 business days after the day the public notice is published in a newspaper circulating in the local government area; and

(c) the public notice must state that any person may make a submission about the instrument to the local government within the consultation period; and

(d) a communications strategy that the local government must implement about the instrument; and

(e) the local government must consider all properly made submissions about the planning scheme or amendment; and

(f) the local government must notify persons who made properly made submissions about how the local government dealt with the submissions; and

(g) the local government must give the Minister a notice containing a summary of the matters raised in the properly made submissions and stating how the local government dealt with the matters; and

(h) after the planning scheme is made or amended, the local government must publish a public notice about making or amending the planning scheme.

(6) The local government must make or amend the planning scheme by following the process in the notice or amended notice.

(7) If the notice requires the Minister to approve the instrument, the Minister may approve the instrument if the Minister considers the instrument appropriately integrates State, regional and local planning and development assessment policies, including policies under an applicable State planning instrument.

(8) A planning scheme replaces any other planning scheme that the local government administers.