128DAmendment of planning scheme

128D Amendment of planning scheme

(1) In addition to any other power to prepare, adopt or approve amendments to planning schemes, the Minister administering the Planning and Environment Act 1987 may—

(a) on the recommendation of the Minister administering this Act, prepare; and

(b) adopt and approve—

amendments to any planning scheme applying to any land in the Melbourne Casino area or the temporary casino site to facilitate the Melbourne Casino project.

(2) Without limiting what an amendment may include, an amendment prepared under this section may—

(a) impose any conditions on the development and use of land for the purposes of the Melbourne Casino project that the Minister administering the Planning and Environment Act 1987 may determine; and

(b) provide that no permit is required for all or any part of that development or use of land; and

S. 128D(2)(c) amended by No. 90/1998 s. 4(1)(b).

(c) specify the Minister administering the Planning and Environment Act 1987 as the responsible authority for the administration or enforcement of any provision of a planning scheme applicable to the Melbourne Casino project; and

(d) specify the Minister administering this Act as a referral authority for applications for planning permits in relation to land in the Melbourne Casino area or temporary casino site.

(3) The Planning and Environment Act 1987 (except for section 12(1), (a) and (e), (2) and (3) and Divisions 1 and 2 of Part 3, and section 39(1) to (6) and any regulations made for the purposes of those provisions) applies to the preparation, adoption and approval of an amendment under this section.

(4) This section has effect despite anything in section 46 of the Planning and Environment Act 1987 and that section does not apply to an amendment prepared, adopted or approved under this section.

(5) Section 39(7) of the Planning and Environment Act 1987 applies to an amendment prepared, adopted or approved under this section as if before "Division 1" there were inserted "section 12(1) or".

(6) Section 39(8) of the Planning and Environment Act 1987 applies to an amendment prepared or adopted under this section as if—

(a) the words "Except for an application under this section" were deleted; and

(b) before "Division 1" there were inserted "section 12(1) or".

(7) Nothing in this section prevents either House of Parliament exercising its power under section 38 of the .