Land Use Planning and Approvals Act 1993

In this section – relevant planning instrument means a draft LPS, an LPS, a draft amendment of an LPS and an amendment of an LPS.

The LPS criteria to be met by a relevant planning instrument are that the instrument – contains all the provisions that the SPPs specify must be contained in an LPS; and is in accordance with section 32; and furthers the objectives set out in Schedule 1; and is consistent with each State policy; and satisfies the relevant criteria in relation to the TPPs; and as far as practicable, is consistent with the regional land use strategy, if any, for the regional area in which is situated the land to which the relevant planning instrument relates; and has regard to the strategic plan, prepared under section 66 of the Local Government Act 1993, that applies in relation to the land to which the relevant planning instrument relates; and as far as practicable, is consistent with and co-ordinated with any LPSs that apply to municipal areas that are adjacent to the municipal area to which the relevant planning instrument relates; and has regard to the safety requirements set out in the standards prescribed under the Gas Safety Act 2019.

A relevant planning instrument satisfies the relevant criteria in relation to the TPPs if – where the SPPs and the relevant regional land use strategy have not been reviewed under section 30T(1) or section section 5A(8) after the TPPs, or an amendment to the TPPs, is or are made – the relevant planning instrument is consistent with the TPPs, as in force before the relevant planning instrument is made; and whether or not the SPPs and the applicable regional land use strategy have been reviewed under section 30T(1) or section section 5A(8) after the TPPs, or an amendment to the TPPs, is or are made – the relevant planning instrument complies with each direction, contained in the TPPs in accordance with section 12B(3), as to the manner in which the TPPs are to be implemented into the LPSs.

An amendment of an LPS, or a draft amendment of an LPS, is taken to meet the LPS criteria if the amendment of the LPS, or the draft amendment of the LPS, if made, will not have the effect that the LPS, as amended, will cease to meet the LPS criteria.