Macquarie Point Development Corporation Act 2012

In this section – draft LPS means a draft LPS to which the Land Use Planning and Approvals Act 1993 applies;LPS has the same meaning as in the Land Use Planning and Approvals Act 1993; site-specific qualification has the same meaning as in Schedule 6 to the Land Use Planning and Approvals Act 1993.

Proposed amendments to the relevant planning scheme, and amendments to the relevant planning scheme made under section 39J(1), may only contain – provisions, regulating the planning of the use or redevelopment of the site and the use or redevelopment of the site, that are to apply under the Land Use Planning and Approvals Act 1993 and the relevant planning scheme; and any amendments to the relevant planning scheme required in order to give effect to the provisions referred to in paragraph (a); and amendments referred to in section 39J(2).

A provision that may, in accordance with subsection (2)(a), be included in proposed amendments to the relevant planning scheme, or amendments to the relevant planning scheme made under section 39J(1), may consist of a site-specific qualification.

If, in accordance with subsection (3), amendments to the relevant planning scheme made under section 39J(1) consist of a site-specific qualification – the site-specific qualification is – if it is, in accordance with this Division, part of the relevant planning scheme immediately before the day on which an LPS comes into force in relation to the site – to be taken to be a provision that, in accordance with clause 8 of Schedule 6 to the Land Use Planning and Approvals Act 1993, must be contained in an LPS, but may be amended or revoked in accordance with this Division; or if it becomes, in accordance with this Division, part of the relevant planning scheme after the day on which an LPS comes into force in relation to the site – to be taken to be a provision in relation to which a declaration has been given under clause 8A of that Schedule, but may be amended or revoked in accordance with this Division; and any other provisions, in relation to the site, of the relevant planning scheme, that consist of a site-specific qualification, are not to be taken to be provisions that, in accordance with clause 8 of that Schedule, must be contained in an LPS in relation to the site.

If the Minister has prepared proposed amendments to the relevant planning scheme under section 39H(1) – before a direction has been issued under section 35B(4) of the Land Use Planning and Approvals Act 1993 in relation to a draft LPS that relates to the site – a direction may not be issued under that section of that Act in relation to a draft LPS that relates to the site; or after a direction has been issued under section 35B(4) of the Land Use Planning and Approvals Act 1993 in relation to a draft LPS that relates to the site but before an LPS comes into force in relation to the site and amendments – the draft LPS is to be taken for the purposes of that Act not to relate to the site.

Amendments to the relevant planning scheme made under section 39J(1) – must further the requirements of the objectives set out in Schedule 1 to the Land Use Planning and Approvals Act 1993; and must be consistent with any applicable State Policy within the meaning of the State Policies and Projects Act 1993; and must be, as far as practicable, consistent with the Southern Regional Land Use Strategy made under the Land Use Planning and Approvals Act 1993; and if the relevant planning scheme is the Sullivans Cove Planning Scheme 1997 – must be consistent with the Sullivans Cove Strategic Framework under Part B of that planning scheme; and must not amend any listings under Schedule 1 – Conservation of Cultural Heritage Values, of that planning scheme.