Procedure for ratification of amendment
46AZQ Procedure for ratification of amendment
The Minister must cause an amendment to which this Division applies 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 an amendment to which this Division applies, 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 amendment to which this Division applies is laid before that House.
An amendment to which this Division applies 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. 46AZQ(4) substituted by No. 12/2021 s. 28.
The Minister must publish a notice of the ratification of an amendment to which this Division applies 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.
An amendment to which this Division applies 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.
S. 46AZR inserted by No. 19/2020 s. 76.
46AZR When does an amendment lapse?
An amendment to which this Division applies that has not been ratified lapses on the day immediately after the last day on which it could have been ratified.
When an amendment to which this Division applies 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.
S. 46AZS inserted by No. 19/2020 s. 76.
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