Macquarie Point Development Corporation Act 2012

The Minister may prepare a minor amendment to the relevant planning scheme and, by instrument in writing, approve the making of the minor amendment to the relevant planning scheme.

An amendment is only to be taken to be a minor amendment under subsection (1) if the amendment – is to correct – a clerical mistake, or an accidental omission, in amendments to the relevant planning scheme made under section 39J(1); or an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in amendments to the relevant planning scheme made under section 39J(1); and will not cause an increase in detriment to any person; and does not change the use or development that may, or may not, be carried out under the amendments to the relevant planning scheme made under section 39J(1).

The Minister may only approve under subsection (1) the making of a minor amendment – where the approval relates to a minor amendment of amendments to the relevant planning scheme, made under section 39J(1), that apply to the area of land that is within the site on the day on which section 39G commences – if the approval is given within 12 months after those amendments came into effect; or where the approval relates to a minor amendment of amendments to the relevant planning scheme, made under section 39J(1), that apply to an area of land that is within the site but was not within the site on the day on which section 39G commences – if the approval is given within 12 months after those amendments came into effect.

A minor amendment referred to in subsection (1) may only consist of any one or more of the following:an amendment to the amendments to the relevant planning scheme made under section 39J(1); the revocation of one or more of the amendments to the relevant planning scheme made under section 39J(1); the amendment or revocation of the provisions of the planning scheme necessary to give effect to the amendment to, or revocation of, the amendments to the relevant planning scheme made under section 39J(1).

The Minister must consult with the Planning Minister in preparing a minor amendment under subsection (1).

Section 39I(3) and section 39J apply in relation to a minor amendment to which an approval under subsection (1) relates as if – a reference in either of those sections to the proposed amendments to the relevant planning scheme were a reference to the minor amendment; and a reference in either of those sections to amendments to the relevant planning scheme were a reference to the minor amendment.

An approval of a minor amendment under subsection (1), or a minor amendment made in accordance with this section, is not a statutory rule for the purposes of the Subordinate Legislation Act 1992.