Decisions about submissions,
23 Decisions about submissions,
After considering a submission which requests a change to the amendment, the planning authority must—
change the amendment in the manner requested; or
refer the submission to a panel appointed under Part 8; or
abandon the amendment or part of the amendment.
S. 23(2) inserted by No. 86/1989 s. 25(h)(ii).
A planning authority may refer to the panel submissions which do not require a change to the amendment.
S. 23(3) inserted by No. 77/1996 s. 12(3).
Subsection (1) does not apply to a submission which requests a change to the terms of any State standard provision to be included in the planning scheme by the amendment.
S. 23(4) inserted by No. 77/1996 s. 12(3).
Despite subsection (3), subsection (1) does apply to a submission which requests that a State standard provision be included in or deleted from the scheme.
S. 23(5) inserted by No. 7/2018 s. 7.
Subsection (1) does not apply to a submission which requests a change to—
any land credit amount or land equalisation amount specified in an infrastructure contributions plan that is to be incorporated into a planning scheme by the amendment; or
any estimate of the value of public purpose land (within the meaning of Part 3AB) on which the amounts referred to in paragraph (a) are based.
Note
An affected owner may make a submission under Division 4 of Part 3AB objecting to the estimate of the value of inner public purpose land in the ICP plan area of an infrastructure contributions plan.
S. 23(6) inserted by No. 6/2025 s. 150.
A planning authority must not refer to the panel a submission which, in the opinion of the planning authority, is—
frivolous or vexatious; or
wholly irrelevant to the amendment.
S. 23A inserted by No. 6/2025 s. 127.
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