Macquarie Point Development Corporation Act 2012

The Board, by notice to the Minister, may request the Minister to prepare, in accordance with a draft, of the proposed amendments to the planning scheme, attached to the request – proposed amendments to the relevant planning scheme that are to apply to the area of land that is within the site on the day on which this section commences; or proposed amendments to the relevant planning scheme that are to apply to an area of land that is within the site but was not within the site on the day on which this section commences.

The Board may only issue – one request under subsection (1) for the purposes of subsection (1)(a); and one request under subsection (1) for the purposes of subsection (1)(b) in relation to each area of land that is within the site but was not within the site on the day on which this section commences.

If the Board intends to make a request to the Minister under subsection (1), the Board must give to the relevant planning scheme planning authority, and the owners and occupiers of each area of land, any part of which adjoins the site, a notice – specifying that the Board intends to make a request to the Minister under subsection (1); and including a copy of the draft, of the proposed amendments to the planning scheme, that it intends to attach to the request under subsection (1); and inviting the authority, owner and occupiers to make, under subsection (4), within 21 days, representations in relation to the intended request and the draft referred to in paragraph (b).

The relevant planning scheme planning authority and those owners and occupiers to whom a notice has been given under subsection (3) may, within 21 days, make representations to the Board in relation to the request, and the copy of the draft, included in the notice in accordance with subsection (3)(b).

Without limiting the generality of subsection (4), a representation made under that subsection by the relevant planning scheme planning authority may include – a statement that the authority does not support the proposed request or draft; and a statement of the amendments that would need to be made to the request and the draft in order for the authority to support them.

If one or more representations have been made under subsection (4) in relation to a request and a draft of amendments, the Board must, after the last day on which a representation may be made under that subsection – consider the representations; and determine whether or not to amend the proposed request and the draft of the amendments so as to take into account any of the representations.

If the Board determines under subsection (6)(b) to amend the proposed request and the draft of the amendments so as to take into account a representation made under subsection (4) – the Board may amend the proposed request and the draft of the amendments so as to take into account the representation; and the Board may submit to the Minister under subsection (1) the request, as so amended, and the draft of the amendments, as so amended; and subsection (3) does not apply in relation to the request and the draft of the amendments.

A request under subsection (1) is to include – a statement as to the consultation that the Board has undertaken in relation to the draft of the proposed amendments to the relevant planning scheme; and a statement setting out how the draft of the proposed amendments to the relevant planning scheme – furthers the requirements of the objectives set out in Schedule 1 to the Land Use Planning and Approvals Act 1993; and is consistent with any applicable State Policy within the meaning of the State Policies and Projects Act 1993; and is, as far as practicable, consistent with the Southern Regional Land Use Strategy made under the Land Use Planning and Approvals Act 1993.