Procedure for ratification of protected settlement boundary amendment
46AZE Procedure for ratification of protected settlement boundary amendment
S. 46AZE(1) amended by No. 3/2026 s. 72.
The Minister must cause a protected settlement boundary amendment (other than a protected settlement boundary amendment that is a correction made under section 46AZA(3)) to be laid before each House of Parliament within 7 sitting days of that House after it is approved.
If a permit has been granted under section 96I in respect of a protected settlement boundary amendment, the Minister must cause a notice specifying that the permit has been granted to be laid before each House of Parliament at the same time that the protected settlement boundary amendment is laid before that House.
A protected settlement boundary amendment does not take effect unless it is ratified by a resolution passed by each House of Parliament within 10 sitting days after it is laid before that House.
S. 46AZE(4) substituted by No. 12/2021 s. 26.
The Minister must publish a notice of the ratification of the protected settlement boundary amendment in the Government Gazette—
if the Minister intends to make a copy of the amendment available in person in accordance with the requirements set out in section 197B, specifying a place at which any person may inspect a copy of the amendment; or
if the Minister intends to make a copy of the amendment available electronically and on request in accordance with the requirements set out in sections 197C and 197D, specifying—
the address of the Department's Internet site at which a copy of the amendment will be published; and
the Department's contact details for making a request to inspect a copy of the amendment.
Note
Section 41(1) provides that the Minister must make a copy of an approved amendment to a planning scheme, and any documents lodged with it, available in accordance with the public availability requirements.
A protected settlement boundary amendment that has been ratified comes into operation—
when the notice of ratification of the amendment is published in the Government Gazette; or
on any later day specified in the notice.
New s. 46AZF inserted by No. 17/2018 s. 4.
46AZF When does a protected settlement boundary amendment lapse?
A protected settlement boundary amendment that has not been ratified lapses on the day immediately after the last day on which it could have been ratified.
When a protected settlement boundary amendment has lapsed, the Minister must publish a notice in the Government Gazette setting out the date on which the amendment lapsed.
The publication of the notice of lapsing is conclusive proof of the date that the amendment lapsed.
An amendment to a Statement of Planning Policy that requires the preparation of the protected settlement boundary amendment lapses if that protected settlement boundary amendment has lapsed under subsection (1).
S. 46AZG inserted by No. 17/2018 s. 4.
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