Planning, Development and Infrastructure Act 2016

A reference in this section to a designated instrument includes a reference to an amendment to a designated instrument.

The

Minister must, within 28 days after a designated instrument takes effect, refer the designated instrument to the ERD Committee.

A designated instrument referred under this section must be accompanied by a report prepared by the Minister that sets out—

the reason for the designated instrument; and

a copy of any report on the designated instrument furnished to the

Minister under section 73(7);

and

any other material considered relevant by the Minister; and

any other information or material prescribed by the regulations.

The

ERD Committee must, after receipt of a designated instrument under subsection (2)—

resolve that it does not object to the designated instrument; or

resolve to suggest amendments to the designated instrument; or

resolve to object to the designated instrument.

Subject to subsection (7), if, at the expiration of 28 days from the day on which a designated instrument was referred to the ERD Committee, the ERD

Committee has not made a resolution under subsection (4), it will be conclusively presumed that the ERD Committee does not object to the designated instrument and does not itself propose to suggest any amendments to the designated instrument.

Subject to subsection (7), if the period of 28 days referred to in subsection (5) would, but for this subsection, expire in a particular case between

15 December in one year and 15 January in the next year (both days inclusive), the period applying for the purposes of subsection (5) 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 (5).

If the period applying under subsection (5), including by virtue of subsection (6), 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—

the

ERD Committee is proposing to suggest an amendment under subsection (4);

and

the amendment is specifically relevant to a particular council or councils, then—

the

ERD Committee must, before resolving to suggest the amendment, refer the amendment to the council or councils for comment and a response within the period of 2 weeks; and

any period applying under subsection (5),

or (7) will be extended, by force of this subsection, by an additional 21 days.

If an amendment is suggested under subsection (4)—

the

Minister may, by notice published in the Gazette, 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 resolve that it does not object to the designated instrument as originally made, or may resolve to object to the designated instrument).

The

Minister must consult with the Commission before making an amendment under subsection (9)(a).

If the ERD Committee resolves to object to a designated instrument, copies of the designated instrument must be laid before both Houses of Parliament.

If either House of Parliament passes a resolution disallowing a designated instrument laid before it under subsection (11), then the designated instrument will cease to have effect (and if the designated instrument is in fact an amendment by virtue of the operation of subsection (1), the relevant designated instrument 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 (12) 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 state planning policy was laid before the House.

If a resolution is passed under subsection (12), notice of that resolution must immediately be published in the

Gazette.

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

the

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

the

ERD Committee has resolved, on account of that consultation, that the designated instrument 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 Governor.