Effect of State Policies
13 Effect of State Policies
Where there is an inconsistency between a provision of a State Policy and a provision of a planning scheme or an interim order in force at the time when the State Policy comes into operation, the provision of the planning scheme or interim order is void to the extent of the inconsistency.
The Minister must advise the Commission and all appropriate agencies of the making of a State Policy within 14 days of its coming into operation.
The Commission must, as soon as practicable after a State Policy comes into operation, other than a State Policy which comes into operation under section 12, amend a planning scheme or special planning order to incorporate all those parts of the State Policy which are relevant to it and to remove any inconsistency between it and the State Policy.
The Commission may, after a State Policy comes into operation under section 12, amend a planning scheme or special planning order to incorporate those parts of the State Policy which are relevant to it and to remove an inconsistency between it and the State Policy.
A State Policy may be implemented by any means available to the Crown.
The Land Use Planning and Approvals Act 1993 does not apply to an amendment made under subsection (3).
Where the Commission amends a planning scheme or an interim order pursuant to subsection (3) – the amendment is deemed to have come into operation on the date on which the State Policy came into operation; and the Commission must give notice, as prescribed, of the amendment.
Subsection (1) applies to a planning scheme or an interim order that is made before or after the commencement of this section.
This Act’s bill:Second reading speech
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