Adoption of amendment
29 Adoption of amendment
After complying with Divisions 1 and 2 in respect of an amendment or any part of it, the planning authority may adopt the amendment or that part with or without changes.
If a planning authority adopts a part of an amendment that part becomes a separate amendment.
Note to s. 29 inserted by No. 7/2018 s. 9.
Note
Under section 46GU, the planning authority must not adopt an amendment to incorporate an infrastructure contributions plan into a planning scheme in certain circumstances.
30 When does an amendment lapse?
An amendment or part of an amendment lapses—
at the end of two years after the date of publication of the notice in the Government Gazette under section 19(3) unless—
the planning authority adopts it within that period; or
the Minister allows a longer period for the adoption of the amendment; or
at the end of any period which the Minister allows unless the planning authority adopts it within that period; or
S. 30(1)(c) amended by No. 6/2025 s. 130.
at the end of 30 business days after the date on which the planning authority notifies the Minister in writing that it has abandoned the amendment or part; or
S. 30(1)(d) amended by No. 43/2003 s. 4(1).
when the Minister refuses to approve it under this Act.
Note to s. 30(1) inserted by No. 43/2003 s. 4(2).
Note
An amendment may also lapse under Part 3AA.
When an amendment has lapsed under subsection (1)(b), (c) or (d), the Minister must publish a notice in the Government Gazette setting out the date on which the amendment or part lapsed.
The publication of the notice under subsection (2) is conclusive proof of the date that the amendment lapsed.
If any person asks the Minister or a planning authority a question as to whether an amendment or part of an amendment has lapsed under subsection (1)(a), the Minister or planning authority must, without delay—
tell the person—
whether or not the amendment or part has lapsed; and
if relevant, of any longer period allowed under subsection (1)(a)(ii); and
confirm the information in writing if so requested.
S. 31 amended by No. 128/1993 s. 8(a).
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