Land Use Planning and Approvals Act 1993

The Minister, after considering a report provided to the Minister under section 25(1) in relation to a draft of the SPPs, contained, in accordance with section 25(2)(a), in the report, and any other matters the Minister thinks fit, may – make the State Planning Provisions in the terms of the draft of the SPPs; or if the Minister is satisfied that a provision or provisions of the draft of the SPPs ought to be modified but that the modified provisions do not require re-exhibition – make the State Planning Provisions in the terms of the draft of the SPPs, with the modifications, if any, that the Minister thinks fit; or if the Minister is satisfied that a provision or provisions of the draft of the SPPs ought to be modified and re-exhibited – take the appropriate action to ensure re-exhibition of that provision, or those provisions, as so modified; and make the State Planning Provisions in the terms of the draft of the SPPs, excluding the provision or provisions that are to be modified and re-exhibited and including the other provisions, which may be modified as the Minister thinks fit without being re-exhibited; or refuse to make the State Planning Provisions in the terms of the draft of the SPPs.

For the purposes of subsection (1)(c)(i), the appropriate action to ensure re-exhibition of the provision, or provisions, of the draft of the SPPs that the Minister is satisfied ought to be modified and re-exhibited (the relevant provisions) is that the Minister, after the SPPs are made under subsection (1), either – prepares terms of reference under section 30C(1) in relation to the relevant provisions and issues a notice under section 30E(1) in relation to the relevant provisions; or approves under section 30G(3) for public exhibition a draft amendment of the SPPs, containing the relevant provisions, as so modified, as if the draft had been submitted to the Minister under section 30E(3) or section 30F(2).

As soon as practicable after, under subsection (1)(d), refusing to make the State Planning Provisions, the Minister must publish a notice in the Gazettespecifying that he or she has refused to make the State Planning Provisions.