Planning and Development Act 2005

Sections 75, 77 and 79 to 95 apply, with such modifications as are necessary, to and in relation to an improvement scheme as if, in each of those provisions —

a reference to a local planning scheme were a reference to the improvement scheme; and

a reference to a local government were a reference to the Commission; and

a reference to a local government district or land in a district were a reference to the improvement scheme area.

Before submitting an improvement scheme or amendment to an improvement scheme to the Minister under section 87, the Commission must consult with —

any affected local government; and

in the case of a State development area improvement scheme or an amendment to a State development area improvement scheme — the State Development Minister.

In subsection (3A) —

in the case of an improvement scheme — a local government in the district of which the improvement scheme is proposed to apply; and

in the case of an amendment — a local government in the district of which the improvement scheme applies.

The Minister must not approve a State development area improvement scheme or an amendment to a State development area improvement scheme under section 87 unless the Minister is satisfied that the scheme, or the scheme as amended, is consistent with —

the State development area declaration that authorises the making of the scheme; and

any State development area plan for the relevant State development area.

Regulations made under section 258 apply, with such modifications as are necessary and any other modifications prescribed by the regulations, to and in relation to an improvement scheme as if the improvement scheme were a local planning scheme.

An improvement scheme may be repealed by an instrument of repeal prepared by the Commission, approved by the Minister and published in the Gazette.

Before approving an instrument of repeal under subsection (4) in relation to a State development area improvement scheme, the Minister must consult the State Development Minister.

Unless otherwise specified in an instrument of repeal, the instrument has effect on the day on which it is published in the Gazette.

The Minister must not approve an amendment to an improvement scheme that removes land from an improvement scheme area, or approve an instrument of repeal under subsection (4), unless satisfied that any other planning scheme, insofar as it will apply to the improvement scheme area on the amendment day or repeal day, does not —

prevent any development that would be permitted; or

allow any development that would not be permitted,

In subsection (6) —