Minister may issue notice of exemption from planning requirements if state of emergency declaration in force
57 Minister may issue notice of exemption from planning requirements if state of emergency declaration in force
If a state of emergency declaration is in force under the Emergency Management Act 2005 Part 5 in relation to the whole or any area or areas of the State, the Minister may issue a notice in writing containing 1 or more exemptions from planning requirements under this Scheme.
A notice under subclause (1) may be issued only if the Minister considers that it is necessary to do so for the purpose of facilitating a response to the emergency to which the state of emergency declaration relates.
A reference in subclause (1) to a planning requirement —
includes, without limiting that subclause —
a requirement to obtain development approval under this Scheme; and
a requirement under a condition of development approval under this Scheme; and
a requirement relating to the permissibility of uses of land; and
a requirement relating to works; and
a provision having the effect that a non‑conforming use of land is no longer permitted because of a discontinuance of that non‑conforming use; and
a requirement in relation to consultation, advertisement, applications, time limits or forms;
but
does not include an environmental condition set out in Schedule 1 that is incorporated into this Scheme or an amendment to this Scheme.
A notice under subclause (1) may be issued whether or not the state of emergency declaration applies in relation to any part of the metropolitan region, but only if it is necessary for the purpose referred to in subclause (2).
An exemption in a notice issued under subclause (1) may —
apply generally or to land, or classes of land, specified in the notice; and
be unconditional or subject to any conditions specified in the notice.
The Minister —
may, by notice in writing, amend a notice under subclause (1) for the purpose referred to in subclause (2); and
may, by notice in writing, revoke a notice under subclause (1); and
must, under paragraph (b), revoke a notice under subclause (1) if the Minister considers that the notice is no longer necessary for the purpose referred to in subclause (2).
[Clause 57 inserted: Act No. 41 of 2024 s. 5.]
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