Planning, Development and Infrastructure Act 2016

The

Minister must, within 28 days after adopting the charter or an amendment to the charter, refer the charter or the amendment (as the case may be) to the ERD Committee.

An instrument referred to the ERD Committee under this section must be accompanied by a report prepared by the Minister that sets out—

in the case of an amendment—the reasons for the amendment; and

information about the consultation that was undertaken in the preparation of the charter or the amendment (as the case may be); and

any other material considered relevant by the Minister; and

any other information or material prescribed by the regulations.

The

ERD Committee must, after receiving an instrument under subsection (1)—

resolve that it does not object to the charter or amendment; or

resolve to suggest amendments; or

resolve to object to the charter or amendment.

Subject to subsection (6), if, at the expiration of 28 days from the day on which the charter or an amendment was referred to the ERD Committee, the ERD

Committee has not made a resolution under subsection (3), it will be conclusively presumed that the ERD Committee does not object to the charter or the amendment (as the case may be) and does not propose to suggest any amendments.

Subject to subsection (6), if the period of 28 days referred to in subsection (4) would, but for this subsection, expire in a particular case between

15 December in 1 year and 15 January in the next year (both days inclusive), the period applying for the purposes of subsection (4) will be extended on the basis that any days falling on or between those 2 dates will not be taken into account for the purposes of calculating the period that applies under subsection (4).

If the period applying under subsection (4), including by virtue of subsection (5), would, but for this subsection, expire in a particular case sometime between the day on which the House of Assembly is dissolved for the purposes of a general election and the day on which the ERD Committee is reconstituted at the beginning of the first session of the new

Parliament after that election (both days inclusive), the period will be extended by force of this subsection so as to expire 28 days from the day on which the ERD Committee is so reconstituted.

If an amendment is suggested under subsection (3)—

the

Minister may proceed to make such an amendment; or

the

Minister may report back to the ERD Committee that the Minister is unwilling to make the amendment suggested by the ERD Committee and, in such a case, the ERD Committee may—

in the case that applies under subsection (3)(a)—resolve that it does not object to the charter as originally made, or resolve to object to the charter; and

in the case that applies under subsection (3)(b)—resolve that it does not object to the amendment as originally made, or resolve to object to the amendment.

If the ERD Committee resolves to object to the charter or an amendment, copies of the charter or the amendment (as the case may be) must be laid before both Houses of Parliament.

If either House of Parliament passes a resolution disallowing the charter or an amendment laid before it under subsection (8), then the charter or the amendment (as the case may be) will cease to have effect (and, in the case of an amendment, the charter will, from that time, apply as if it had not been amended by that amendment).

A resolution is not effective for the purposes of subsection (9) unless passed in pursuance of a notice of motion given within

14 sitting days (which need not fall within the same session of

Parliament) after the day on which the relevant instrument was laid before the House.

The preceding subsections do not apply in a particular case if—

the

Minister has consulted with the ERD Committee before the charter, or an amendment to the charter, has been finalised; and

the

ERD Committee has resolved, on account of that consultation, that the charter or the amendment (as the case may be) need not be referred to the ERD Committee if or when it has been approved by the Minister.