Planning Act 1999

When considering a request to amend a planning scheme, the

Minister must also consider the following:

whether the proposed amendment promotes the purpose and objectives of this Act;

whether the proposed amendment, other than a proposed amendment to a strategic framework, is contrary to any strategic framework in the planning scheme;

whether the proposed amendment is within a declared class of amendments that do not require exhibition;

whether the proposed amendment is not significant enough to require exhibition;

the merits of the proposed amendment and whether the amendment is in the public interest;

any report from the Planning Commission under section 12B(3);

any other matters the Minister considers appropriate.

Despite Divisions 3 and 4, the Minister need not take any action under those Divisions in respect of a proposed amendment if satisfied that:

the proposed amendment is within a declared class of amendments;

or

the proposed amendment is not significant enough to require exhibition.

After considering the request, the Minister must:

continue consideration of the proposed amendment by placing it on exhibition; or

amend the planning scheme as proposed; or

refuse to amend the planning scheme.

If the Minister amends the planning scheme as proposed, the

Minister must:

give notice of the amendment in accordance with section 28;

and

provide reasons for the amendment in accordance with section 29.

As soon as practicable after making the decision, the Minister must give written notice of the decision to the person or body requesting the amendment.

If the Minister refuses to amend the planning scheme as proposed, the notice of the decision must include the reasons for the refusal.

A failure of the Minister to comply with subsection (4)(b) or (6) in relation to a decision does not affect the validity of the

Minister's decision.

Division 2A Plans, guidelines and assessment criteria prepared by Commission