Issue of permits with schemes
23 Issue of permits with schemes
s. 23
If—
a municipal council prepares a planning scheme under this Part for an area; and
the municipal council determines under section 96G(1)(c) of the Principal Act to recommend to the Minister that a permit be granted under Division 5 of Part 4 of the Principal Act—
the municipal council must give the owner and the occupier of land to which the proposed permit would apply at least 30 days notice of its intention to recommend to the Minister that a permit be granted under that Division in respect of the land.
The notice must be accompanied by a copy of the proposed permit.
The Principal Act applies in relation to a planning scheme prepared under this Part as if—
in section 96E(1)(a) the words "as amended by the proposed amendment" were omitted; and
for section 96G(1)(c) there were substituted—
"(c) the planning authority considers it appropriate that a permit be granted under this Division for any purpose for which the planning scheme would require a permit to be obtained.".
Section 96I of the Principal Act applies in relation to a planning scheme prepared under this Part as if that section permitted the Minister—
to grant a permit subject to any conditions the Minister thinks fit, if the Minister considers that it is appropriate that a permit be granted under that section for any purpose for which the planning scheme would require the permit to be obtained; and
to grant any permit under that section within 3 months after the date of approval of the planning scheme.
S. 23(5) inserted by No. 72/1998 s. 10.
If, in relation to a planning scheme prepared under this Part, the Minister grants a permit under section 96I of the Principal Act for the use of land or the development and use of land for an extractive industry, the permit may specify that the permit expires if the use is discontinued for a period (being not less than 2 years) specified in the permit.
S. 23(6) inserted by No. 72/1998 s. 10.
If a permit specifies a period for expiry in accordance with subsection (5)—
the permit expires if the use is discontinued for the period specified in the permit; and
sections 68(2)(b) and 68(3)(d) of the Principal Act do not apply to that permit.
This Act’s bill:Second reading speech
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