Queensland Numbered Acts

PLANNING ACT 2016 - SECT 26

26 Power of Minister to direct action be taken

(1) This section applies to the following made by a local government—

(a) an existing local planning instrument or designation;

(b) a proposed local planning instrument or designation;

(c) a proposed amendment of a local planning instrument or designation.

(2) If the Minister considers the local government should take action—

(a) to ensure an instrument is consistent with the regulated requirements; or

(b) to protect, or give effect to, a State interest;

the Minister may give the local government a notice that complies with subsection (3).

(3) The notice must state—

(a) the action that the Minister considers the local government should take; and

(b) the reasons for taking the action; and

(c) the local government may make a submission to the Minister about the local government taking the action; and

(d) the reasonable period within which a submission may be made.

(4) After the Minister considers all submissions made as required under the notice, the Minister must decide—

(a) to direct the local government to take the action stated in the notice; or

(b) to direct the local government to take other action; or

(c) not to direct the local government to take any action.

(5) Without limiting subsection (4), the Minister may direct the local government—

(a) to review a planning scheme, as required under section 25, and report the results of the review to the Minister; or

(b) to review a designation, and report the results of the review to the Minister; or

(c) to make, amend or repeal a local planning instrument as required under sections 18 to 24; or

(d) to amend a designation as required under the process in the designation process rules or to repeal a designation under section 40.

(6) If the Minister decides to direct the local government to take action, the Minister must give the local government a notice that states—

(a) the nature of the action; and

(b) a reasonable period within which the local government must take the action.

(7) If the local government does not take the action, the Minister may—

(a) take the action; and

(b) recover any expense the Minister reasonably incurs in taking the action from the local government as a debt.

(8) The action taken by the Minister has the same effect as if the local government had taken the action.