Planning and Development Act 2005

For the purposes of section 90, a local government by which a local planning scheme was prepared is to prepare a consolidation of the scheme incorporating all the amendments that have been made to the scheme and are of effect on the day on which the resolution to prepare the consolidation is made.

The consolidation is to be prepared —

in the fifth year after approval was given to the scheme by the Minister under section 87; and

in the case of a scheme in respect of which a consolidation has been published in the Gazette under this Part, in the fifth year after the consolidation of the scheme was last so published; and

in the case of a scheme in respect of which an exemption is granted under subsection (4)(b) or section 91(3), in the fifth year after the notice of exemption was published in the Gazette.

Despite subsections (1) and (2), a local government is not required to prepare a consolidation of the scheme if the local government resolves instead to prepare a new scheme in substitution for that scheme.

Despite subsections (1) and (2), the Minister may at any time, by notice in the Gazette —

direct the local government by which a local planning scheme was prepared to prepare, within the period specified in the notice, a consolidation of the scheme; or

exempt a local government from compliance with those subsections if the scheme does not contain any provision for the zoning or classification of land.

If a consolidation is required under subsection (4)(a) before a consolidation has been prepared under a paragraph of subsection (2), the consolidation is not required under that paragraph.

The Minister is to consult the local government before giving a direction under subsection (4)(a).