Planning and Environment Act 1987

A planning authority must give notice of its preparation of an amendment to a planning scheme—

to every Minister, public authority and municipal council that it believes may be materially affected by the amendment; and

to the owners (except persons entitled to be registered under the Transfer of Land Act 1958 as proprietor of an estate in fee simple) and occupiers of land that it believes may be materially affected by the amendment; and

to any Minister, public authority, municipal council or person prescribed; and

to owners (except persons entitled to be registered under the Transfer of Land Act 1958 as proprietor of an estate in fee simple) and occupiers of land benefited by a registered restrictive covenant, if the amendment provides for the removal or variation of the covenant; and

to the Minister administering the Land Act 1958 if the amendment provides for the closure of a road wholly or partly on Crown land.

Subject to subsection (1C), the planning authority is not required to give notice of an amendment under subsection (1)(b) if it considers the number of owners and occupiers affected makes it impractical to notify them all individually about the amendment.

A planning authority which does not give notice under subsection (1)(b) for the reasons set out in subsection (1A) must take reasonable steps to ensure that—

public notice of the proposed amendment is given in the area affected by the amendment; and

that notice states that owners and occupiers of land referred to in subsection (1)(b) are entitled to make submissions in accordance with sections 21 and 21A.

Subsection (1A) does not apply in relation to the giving of notice to an owner of land of an amendment which provides for—

the reservation of that land for public purposes; or

the closure of a road which provides access to that land.

A planning authority must publish a notice of any amendment it prepares in a newspaper generally circulating in the area to which the amendment applies.

A planning authority must cause notice of an amendment providing for the removal or variation of a registered restrictive covenant to be given by placing a sign on the land which is the subject of the amendment.

On the same day as it gives the last of the notices required under subsections (1), (2) and (2A) or after all other notices have been given under this section, the planning authority must publish a notice of the preparation of the amendment in the Government Gazette^[10].

Any notice must—

be given in accordance with the regulations; and

set a date for submissions to the planning authority which, if notice of the preparation of the amendment is given in the Government Gazette, must be not less than one month after the date that the notice is given in the Government Gazette.

The failure of a planning authority to give a notice under subsection (1) does not prevent the adoption or approval of the amendment by the planning authority or its submission to or approval by the Minister.

Subsection (5) does not apply to a failure to notify an owner of land about the preparation of an amendment which provides for—

the reservation of that land for public purposes; or

the closure of a road which provides access to that land.

A planning authority may take any other steps it thinks necessary to tell anyone who may be affected by the amendment about its preparation.