Planning Act 2023

This section applies if—

the Minister is required to take action under this section; or

the Minister decides under section 74 to take action under this section; or

the Minister revokes the approval of a draft major plan amendment under section 77 (4).

Note See s 72 (2), s 73 (2) (b) and s 76 (4) for when the Minister is required to take action under this section.

The Minister must—

approve the draft major plan amendment in the form given; or

Note A draft major plan amendment approved by the Minister is a major plan amendment (see s 55, def major plan amendment).

withdraw the draft major plan amendment; or

return the draft major plan amendment to the territory planning authority and direct the authority to do 1 or more of the following:

conduct further stated consultation;

consider any revision suggested by the Minister;

revise the draft amendment in a stated way.

Before taking action under subsection (2), the Minister must consider the following:

the documents given to the Minister under section 67 (3) (Draft major plan amendments to be given to Minister etc);

any recommendation made by the relevant Assembly committee in relation to the draft amendment, or related documents, referred to the committee under section 70 (2) (a) or otherwise;

the planning strategy;

any relevant district strategy.

Note For par (b), the Minister must not take action under this section in some circumstances if the committee has not reported (see s 73 and s 74).

The Minister may approve a draft major plan amendment only if the draft amendment is not inconsistent with the planning strategy or any relevant district strategy.

If the Minister approves a draft major plan amendment, the Minister must prepare a notice that includes the following:

the major plan amendment;

a statement that the major plan amendment is approved;

a statement that the major plan amendment must be presented to the Legislative Assembly and may only commence by commencement notice under section 80 (2).

A notice under subsection (5) is a notifiable instrument.

The following must be published on the authority website:

a decision by the Minister under subsection (2);

if the decision is under subsection (2) (b) or (c)—the reasons for the decision (if any).