Planning and Development Act 2005

After preparing, or resolving to adopt, a proposed local planning scheme or a proposed amendment to a local planning scheme, and complying with sections 81 and 82 (if applicable) in relation to the proposed scheme or amendment, a local government must submit the proposed scheme or amendment to the Minister.

The Minister may —

approve the proposed scheme or amendment for advertising under section 84; or

require the local government to modify the proposed scheme or amendment in such manner as the Minister specifies and to resubmit the proposed scheme or amendment to the Minister under subsection (1); or

refuse approval for the proposed scheme or amendment to be advertised under section 84.

A requirement under subsection (2)(b) may include a requirement that sections 81 and 82 (if applicable) be complied with again in relation to the modified scheme or amendment.

If approval is refused under subsection (2)(c), the local government cannot proceed with the proposed scheme or amendment.

A local government is not required to submit a proposed amendment to a local planning scheme under subsection (1), or to comply with section 84 in relation to a proposed amendment to a local planning scheme, if —

the proposed amendment is of a class that regulations provide is not required to be advertised; and

either —

the proposed amendment was not referred to the EPA under section 81 because of section 81(2); or

the EPA has informed the local government under section 48A(1)(a) of the EP Act that the proposed amendment should not be assessed by the EPA.