Planning and Development (State Planning Policies) Regulations 2024

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

If the Commission prepares a proposed State planning policy under section 26 of the Act, in order to be effective, the proposed policy must —

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

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

The Commission may prepare a proposed amendment to a State planning policy 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 Governor or the Minister, as the case requires, and come into operation, in accordance with Part 2 Division 3.

A State planning policy may be repealed in accordance with Part 3.

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 State planning policy;

an amendment to address an inconsistency between the State planning policy and any of the following —

a public planning document;

subsidiary legislation;

a policy document of a government agency;

for a proposed policy or proposed amendment that is required to be advertised under regulation 6 — means the advertising period that applies under regulation 7; or

for an instrument of repeal — means the advertising period that applies under regulation 22;

the Governor under regulation 14(6); or

the Minister under regulation 15(1)(a);

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 policy or proposed amendment — has the meaning given in regulation 10(c); or

for an instrument of repeal — has the meaning given in regulation 24(c);

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

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

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

a proposed policy;

a proposed substantial amendment;

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

For the purposes of subregulation (1), the proposed policy 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 9;

a copy of the proposed policy or proposed amendment;

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

The advertising period for a proposed policy or proposed amendment required to be advertised under regulation 6 is —

for a proposed policy or 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 policy or proposed substantial amendment under regulation 6 —

submit the proposed policy or proposed amendment to the Minister; and

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

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

approve the proposed policy or proposed amendment for advertising; or

require the Commission to modify the proposed policy or proposed amendment; or

refuse approval for the proposed policy or proposed amendment to be advertised under regulation 6.

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

If the Minister requires the proposed policy 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 policy or proposed substantial amendment as required and submit the modified proposed policy or proposed amendment to the Minister.

contain a statement of the purpose of the proposed policy or proposed amendment; and

if the advertisement relates to —

a proposed policy — specify if the proposed policy repeals another State planning policy; 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 policy or proposed amendment published on the Commission’s website under regulation 6(2)(b) and (c); and

invite public submissions on the proposed policy or proposed amendment in accordance with regulation 10; 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 policy or proposed amendment;

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

must consider all submissions that are made in response to the invitation under regulation 9(d) —

during the submission period; and

in accordance with the requirements referred to in regulation 10(b) and (d); and

if the submissions relate to a proposed standard amendment — that are directed to the proposed amendment;

may, if the Commission considers it appropriate to do so, consider a submission —

that is made in response to the invitation under regulation 9(d); but

that the Commission is not required to consider under paragraph (a).