Planning, Development and Infrastructure Act 2016

The

Planning and Design Code is not required to provide for all of the matters referred to in section 66(2) until the designated day.

Until the designated day, a Development Plan under the repealed Act (as in force at a relevant time) will have effect for the purposes of this

Act as if it formed part of the Planning and Design Code (subject to the operation of this clause).

If the Minister considers that a Development Plan should be amended, including by the removal or alteration of material in the

Development Plan—

because of provision made by the Planning and Design Code; or

because of an inconsistency between the Development Plan and the Planning and Design Code, the

Minister may make the amendment in such manner as the Minister thinks fit.

The

Minister must give notice of an amendment under subclause (3) in such manner as the Minister thinks fit.

An amendment under subclause (3) will have effect from a day stated in the notice of the amendment (and will have effect for the purposes of this Act, and for the purposes of the repealed Act as if it had been made under that Act (and without the need to take any other step under that Act)).

In addition (and without limiting subclause (3)), until the designated day, a Development Plan may continue to be amended under Part 3 Division 2 Subdivision 2 of the repealed Act but subject to the following qualifications:

a council must not commence the process under section 25 of the repealed Act without the approval of the Minister;

sections

25, 26 and 28 of the repealed Act will apply subject to any modifications made by the regulations for the purposes of this subclause;

without limiting paragraph (b), the Minister may require that a DPA under the repealed Act that is under consideration under section 25 of the repealed Act on the designated day be divided into 2 or more parts so that those parts will be dealt with separately under the repealed Act and, in so doing, may direct that 1 or more parts not proceed any further (and any such direction will have effect accordingly);

sections

27 and 29 of the repealed Act will continue to apply.

Without limiting a preceding subclause, the Minister may, by notice in the

Gazette, revoke a Development Plan if or when the Minister considers that the Development Plan is no longer required or appropriate for the purposes of this Act (and, if relevant, for the purposes of the repealed Act).

A reference in any other Act (other than the repealed Act), regulation, rule or by-law to a Development Plan will, unless the context otherwise requires, be taken to include a reference to the

Planning and Design Code.