Commission to amend relevant planning scheme
39J Commission to amend relevant planning scheme
Within 14 days, or a longer period approved by the Minister, after the Commission receives under section 39I(3)(d) a direction to make proposed amendments to the relevant planning scheme, the Commission must – prepare amendments to the relevant planning scheme in the form of the proposed amendments to which the direction relates; and make the amendments to the relevant planning scheme.
If a direction is given to the Commission under section 39I(3)(d) to make proposed amendments to the relevant planning scheme, the Commission may, under subsection (1), make the proposed amendments altered so as to correct an anomaly or minor mistake that it is necessary to correct in order for the direction to be effectively implemented.
Without limiting the generality of subsection (2), the correction of a mistake or anomaly in accordance with that subsection includes the correction of a mistake or anomaly that has arisen by virtue of the relevant planning scheme having been amended in accordance with the direction.
Within 14 days, or a longer period approved by the Minister, after the Commission receives under section 39I(3)(d) a direction to make proposed amendments to the relevant planning scheme, the Commission must notify the Minister of the making of the amendments under subsection (1).
The Minister must, as soon as practicable after receiving a notice under subsection (4) – give notice in the Gazette, and in a newspaper circulating generally in Tasmania, of the making of the amendments to the relevant planning scheme and the day on which the amendments are to come into effect; and notify the relevant planning scheme planning authority of – the making of the amendments; and the day on which the amendments come into effect.
Amendments to the relevant planning scheme made under subsection (1) come into effect on – a day, after the date on which the amendments were made, specified in the notice in the Gazette as the day on which they come into effect; or if no day is specified in the notice in the Gazetteas the day on which they come into effect – 7 days after the day on which the notice appears in the Gazette.
Amendments to the relevant planning scheme that have come into effect under subsection (6) are, despite any provision of the Land Use Planning and Approvals Act 1993, to be taken to have been made, to the relevant planning scheme, under that Act.
Amendments to the relevant planning scheme made under subsection (1) are not a statutory rule for the purposes of the Subordinate Legislation Act 1992.
This Act’s bill:Explanatory notesSecond reading speech
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