Planning Act 2023

After preparing a draft major plan amendment, the territory planning authority must publish the following on the authority website:

the draft amendment;

the supporting report for the draft amendment;

a notice that complies with section 64 (a consultation notice)—

inviting people to give written comments (consultation comments) about the draft amendment to the authority during the consultation period for the draft amendment; and

stating the effect of section 65 (Public inspection of comments on draft major plan amendments).

Also, for a draft major plan amendment prescribed by regulation, the territory planning authority must give a copy of the consultation notice to each person prescribed by regulation.

However, subsections (1) and (2) do not apply if the territory planning authority is satisfied that publication of the draft amendment—

would disclose a trade secret; or

would, or could reasonably be expected to—

endanger the life or physical safety of anyone; or

lead to damage to, or theft of, property.

The territory planning authority may extend the consultation period for the draft major plan amendment.

If the territory planning authority extends the consultation period for the draft major plan amendment, it must—

publish a notice (an extension notice) on the authority website about the extended consultation period; and

for a draft amendment prescribed by regulation—give a copy of the extension notice to each person prescribed by regulation.

A draft major plan amendment is not invalid only because the territory planning authority has not complied with subsection (5) (b).

This section does not apply in relation to a draft major plan amendment—

if, in preparing a planning and response report, an entity has undertaken consultation similar to that required under this section in relation to the substance of the draft amendment; or

that has been revised by the territory planning authority in accordance with a request under section 75 (2) (c) (ii) (Minister’s powers in relation to draft major plan amendments); or

if, in developing a government policy or strategy, a government entity has undertaken consultation similar to that required under this section in relation to the substance of the draft amendment; or

if the Minister consulted on the draft amendment under section 218 (3) (Declaration of territory priority projects) in relation to a proposed territory priority project declaration.

Examples—par (c)

1 the amendment was included as part of a consultation process undertaken by another government entity as a consequence of consulting on a new climate change strategy

2 the amendment was included in a draft review report prepared by the territory planning authority under s 91 and consulted on in accordance with that section