Planning and Development (Planning Codes) Regulations 2024

These regulations provide for matters relating to the preparation, advertising, approval, amendment and repeal of a planning code.

If the Commission prepares a proposed planning code under section 32A(1) of the Act, in order to be effective, the proposed planning code must —

be advertised, for public inspection and public submissions, in accordance with Part 2 Division 2; and

be approved by the Minister, and come into operation, in accordance with Part 2 Division 3.

The Commission may prepare a proposed amendment to a planning code under Part 2 Division 1.

If the Commission prepares a proposed amendment, in order to be effective, the amendment must —

if required — be advertised, for public inspection and public submissions, in accordance with Part 2 Division 2; and

be approved by the Minister, and come into operation, in accordance with Part 2 Division 3.

A planning code may be repealed in accordance with Part 3.

the amendment is any of the following —

an amendment to correct an administrative or minor error;

an amendment to correct an error that is in, or that otherwise relates to, a map, plan or diagram included in the planning code;

an amendment to ensure consistency between the planning code and a public planning document, subsidiary legislation or a policy document of a government agency;

an amendment that is otherwise administrative or minor in nature;

it is highly likely that the amendment will have no adverse effect in respect of —

any land; or

any owner or occupier of any land;

for a proposed planning code or proposed amendment that is required to be advertised under regulation 7 — means the advertising period that applies under regulation 8; or

for an instrument of repeal — means the advertising period that applies under regulation 20;

a department of the Public Service; or

a body, whether incorporated or not, or the holder of an office, post or position, being a body, office, post or position established or continued under a written law for a public purpose;

a State planning policy; or

a planning code; or

a document (however named or described) prepared by the Commission under section 14(c)(i), (ii), (iii) or (vi) or (d) of the Act —

that is available to the public; and

the preparation of which involved a public consultation;

for a proposed planning code or proposed amendment — has the meaning given in regulation 11(c); or

for an instrument of repeal — has the meaning given in regulation 22(c);

The Commission may, with the agreement or on the direction of the Minister, prepare a proposed amendment to a planning code.

Despite subregulation (1), the agreement or direction of the Minister is not required if the proposed amendment is a standard amendment.

When preparing a proposed planning code or proposed amendment, the Commission must take into account the factors listed in subregulation (2) in relation to —

the State; or

the portion or portions of the State to which the proposed planning code or proposed amendment is to apply.

The factors are as follows —

demographic, social and economic factors and influences;

conservation of natural or cultural resources for social, economic, environmental, ecological and scientific purposes;

characteristics of land;

characteristics and disposition of land use;

amenity, design and environment;

communications;

developmental requirements of public authorities;

risks associated with natural hazards and other hazards.

The Commission must advertise the following, for public inspection and public submissions —

a proposed planning code;

a proposed substantial amendment;

a proposed standard amendment (other than a proposed administrative amendment).

For the purposes of subregulation (1), the proposed planning code or proposed amendment must be advertised by publishing the following on the Commission’s website for the whole of the advertising period —

the advertisement prepared under regulation 10;

a copy of the proposed planning code or proposed amendment;

any other document that the Commission considers it is appropriate to publish.

The advertising period for a proposed planning code or proposed amendment required to be advertised under regulation 7 is —

for a proposed planning code or a proposed substantial amendment —

90 days; or

a longer period that the Commission considers appropriate;

for a proposed standard amendment (other than a proposed administrative amendment) — 60 days.

Despite subregulation (1)(b), the Commission may decide on a longer advertising period for a proposed standard amendment (other than a proposed administrative amendment) if the Commission considers that it is appropriate to do so in order to enable the proposed amendment to be advertised concurrently with any other document that is required to be advertised under the Act.

The Commission must, before advertising a proposed planning code or proposed substantial amendment under regulation 7 —

submit the proposed planning code or proposed amendment to the Minister; and

obtain the Minister’s approval to advertise the proposed planning code or proposed amendment.

If a proposed planning code or proposed substantial amendment is submitted under subregulation (1)(a) or (5), the Minister may —

approve the proposed planning code or proposed amendment for advertising; or

require the Commission to modify the proposed planning code or proposed amendment; or

refuse approval for the proposed planning code or proposed amendment to be advertised under regulation 7.

The Minister must give the Commission written notice of a decision under subregulation (2).

If the Minister requires the proposed planning code or proposed substantial amendment to be modified under subregulation (2)(b), the notice must describe the modification required.

If given a notice referred to in subregulation (4), the Commission must modify the proposed planning code or proposed substantial amendment as required and submit the modified proposed planning code or proposed substantial amendment to the Minister.

contain a statement of the purpose of the proposed planning code or proposed amendment; and

if the advertisement relates to —

a proposed planning code — specify if the proposed planning code repeals another planning code; or

a proposed standard amendment (other than a proposed administrative amendment) — contain a statement explaining why the Commission considers that the amendment is a standard amendment;

list the documents related to the proposed planning code or proposed amendment published on the Commission’s website under regulation 7(2)(b) and (c); and

invite public submissions on the proposed planning code or proposed amendment in accordance with regulation 11; and

contain any other information that the Commission considers appropriate.

provide that a submission may be made either electronically or in hard copy form; and

set out the way in which an electronic submission must be made and the way in which a hard copy submission must be made; and

set out the period (the submission period) during which a submission must be made, which must be the same period as the advertising period; and

set out any other requirements that the Commission considers appropriate and with which a submission must comply.

any local government the district of which the Commission considers is likely to be affected by the proposed planning code or proposed amendment;

any government agency, representative group or person that the Commission considers has an interest in the proposed planning code or proposed amendment.