Planning Act 1999

This section applies if the Minister receives a report from the

Commission under section 24(1) or (2) about a proposal to amend a planning scheme.

When considering the report, 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 an amendment to a strategic framework, is contrary to any strategic framework in the planning scheme;

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

any report given under section 24(3);

any other matter the Minister considers appropriate.

Within 90 days after receiving the Commission's report, the

Minister must:

amend the planning scheme as proposed; or

alter the proposal and amend the planning scheme in some other way; or

refuse to amend the planning scheme as proposed.

Note for subsection (3)(b)

Section 27 applies to the exhibition of an altered proposal.

Before making a decision under subsection (3), the Minister may require the proponent to provide further information in relation to the proposal within a specified time.

The Minister must give written notice of a decision under subsection (3) or (4) to the local government council and any person or body who made a submission under section 22.

If the Minister requires further information under subsection (4), the 90‑day period to make a decision under subsection (3) is suspended until the earlier of the following:

the date the information is provided;

the time specified in the requirement to provide the further information.

The Minister may refuse to amend the planning scheme as proposed if the proponent does not provide the further information required under subsection (4) within the specified time.