Transport Infrastructure Act 1994

The Minister may approve a draft plan prepared under section 285B if the Minister is satisfied that—

the land included in the draft plan is used or may be used for a matter or purpose mentioned in section 285(1); and

the port authority has taken appropriate account of issues raised in written submissions made to it under section 285C; and

no local government has a substantial objection to the draft plan; and

State interests will not be adversely affected by the draft plan; and

if the land included in the draft plan is within, or includes, a priority port’s master planned area—the draft plan is consistent with the port overlay for the master planned area.

If the Minister is satisfied about subsection (1)(a), (b), (d) and (e) but is satisfied that a local government has a substantial objection to the draft plan, the draft plan may only be approved by the Governor in Council.

Approval of a land use plan, or an amendment of a land use plan, must be notified in the gazette within 21 days after it is given.

The approval takes effect when it is notified in the gazette.

Land included in a port authority’s current approved land use plan is its strategic port land.

Each port authority must ensure the port authority’s current approved land use plan is published on the port authority’s website on the internet.

In this section—