Planning and Development Act 2005

If a region planning scheme is inconsistent with a local planning scheme, the region planning scheme prevails over the local planning scheme to the extent of the inconsistency.

If a region planning scheme is inconsistent with a local planning scheme, the local government of the district in which the land directly affected is situated is to, not later than 90 days after the day on which the region planning scheme has effect, resolve to prepare —

a local planning scheme which is consistent with the region planning scheme; or

an amendment to the local planning scheme which renders the local planning scheme consistent with the region planning scheme,

and which does not contain or removes, as the case requires, any provision which would be likely to impede the implementation of the region planning scheme.

If a region planning scheme is amended and is inconsistent with a local planning scheme, the local government of the district in which the land directly affected is situated is to, not later than 90 days after the day on which the amendment to the region planning scheme has effect, resolve to prepare in relation to the land —

a local planning scheme which is consistent with the region planning scheme; or

an amendment to the local planning scheme which renders the local planning scheme consistent with the region planning scheme,

and which does not contain or removes, as the case requires, any provision which would be likely to impede the implementation of the region planning scheme.

In preparing the local planning scheme or amendment the local government is to have due regard to the purpose and planning objectives of the region planning scheme or amendment to the region planning scheme.

The local government is to, within such reasonable time after the passing of the resolution as is directed in writing by the Minister, forward to the Minister for approval under section 87 the local planning scheme or amendment it has prepared.

[Section 124 amended: No. 26 of 2020 s. 50.]

125. Minister may direct local government to prepare or amend local planning scheme to be consistent with region planning scheme or amendment or State development area plan

The Minister may, by written notice, direct a local government, in the time and manner set out in the notice, to —

prepare a local planning scheme, or amend a local planning scheme, to ensure consistency with a region planning scheme, a proposed region planning scheme or a proposed amendment to a region planning scheme; or

amend a local planning scheme to ensure consistency with a State development area plan that applies to any part of the area to which the local planning scheme applies.

A local government to whom a notice is given under subsection (1) is to, within the time set out in the notice —

resolve to prepare a local planning scheme, or an amendment to a local planning scheme, in accordance with the notice; and

prepare and advertise the local planning scheme or amendment in accordance with the notice; and

forward to the Minister for approval under section 87 the local planning scheme or amendment prepared by it.

If the Minister so directs in relation to a direction given under subsection (1)(a), the advertisement of the local planning scheme or amendment to the local planning scheme is to be published together with any advertisement of the relevant region planning scheme or amendment under regulations made for the purposes of section 43.

[Section 125 amended: No. 26 of 2020 s. 51; No. 34 of 2023 s. 77; No. 21 of 2025 s. 109.]