Planning and Development Act 2005

The Governor may, on the recommendation of the Minister, make regulations prescribing provisions that deal with any or all of the following —

carrying out the general objects of local planning schemes;

any matter set out in Schedule 7.

Before making a recommendation under subsection (1) the Minister —

must consult with the EPA and local governments; and

may consult with any other public authority or person the Minister considers is likely to be affected by the proposed regulations; and

must have regard to any submissions made pursuant to consultation under paragraphs (a) and (b).

Consultation under subsection (2) may be undertaken in any way and within such period as the Minister considers appropriate in the circumstances.

Unless the regulations otherwise provide, provisions prescribed under subsection (1) apply to all local planning schemes.

The regulations must designate each provision prescribed under subsection (1) as —

a model provision, being a provision to which section 257A applies; or

a deemed provision, being a provision to which section 257B applies.

The regulations may include provisions of a savings or transitional nature that are necessary or convenient to be made for the purpose of dealing with matters that are incidental to or consequential on the prescribing of a model provision or a deemed provision under this section.

Without limiting subsection (6), regulations made under that subsection may provide that specified model provisions or deemed provisions of a local planning scheme —

do not apply; or

apply with specified modifications,