Planning Act 2023

This section applies if a major plan amendment, or a provision of the major plan amendment, is rejected, or taken to be rejected, under section 78 (Assembly may reject major plan amendments completely or partly).

The major plan amendment, or provision of the major plan amendment, does not come into force if the provision is—

rejected, or taken to be rejected, by the Legislative Assembly under section 78 (3); or

withdrawn under subsection (5) (b).

The territory planning authority must, in relation to each provision of the major plan amendment that is rejected, prepare a notice stating that the provision of the amendment has been rejected.

Note A single notice may be prepared for 1 or more rejected provisions.

The notice is a notifiable instrument.

The Minister must, in relation to each provision of the major plan amendment that is not rejected—

fix a day when the provision is to commence; or

withdraw the provision.

Note On commencement, a provision of a major plan amendment amends the territory plan according to its terms.

A withdrawal under subsection (5) (b) is a notifiable instrument.

If the notifiable instrument does not state when the instrument expires, the instrument expires 6 months after the day it is notified.

The territory planning authority must publish notice of the following on the authority website:

a notice under subsection (3);

a commencement notice under subsection (5) (a);

a withdrawal under subsection (5) (b).

Division 5.2.9 Limitations on challenge to validity of territory plan provisions