Land Use Planning and Approvals Act 1993

The modifications that the Commission may make, or direct a planning authority to make, under section 35K(1)(a) or (b), to a draft LPS, include, but are not limited to including, a relevant modification.

For the purposes of this section, a relevant modification is a modification to a draft LPS in relation to a municipal area – to include provisions that correspond to provisions that were included, in the planning scheme, within the meaning of section 10(2)(a)(ii), that applies in relation to the municipal area, by an amendment, of that planning scheme, that is in effect at the time at which the draft LPS is to be modified under section 35K(1)(a) or (b); or so that the provisions to be included in the draft LPS, as so modified by the relevant modification, will correspond to the provisions, of the planning scheme within the meaning of section 10(2)(a)(ii), that applies to the municipal area, as altered by an amendment, of that planning scheme, that is in effect at the time at which the draft LPS is to be modified under section 35K(1)(a) or (b).

Despite subsection (1), a relevant modification may not be made unless the provisions to be included in the draft LPS, as so altered, if at all, in accordance with the relevant modification, are provisions of a kind that may be included in a draft LPS prepared under section 35.

A provision that is to be included, in a draft LPS in relation to a municipal area, in accordance with a relevant modification, may be varied so that the provision – will conform to the requirements of the SPPs in relation to the LPS; or will reflect the terminology used in the SPPs or the LPS, including, but not limited to including, where the relevant modification relates to the designation of a zone in the planning scheme, by changing the designation of the zone to the zone in the draft LPS that most closely corresponds to the zone in the planning scheme; or will contain provisions that – are appropriately numbered; or make correct references to provisions in the draft LPS or in other instruments, including but not limited to the SPPs; or will achieve the effect intended by the amendment of the planning scheme to which the relevant modification relates.