sec.37Declaration

sec.37 Declaration

A regulation (a declaration regulation ) may declare a part of the State to be a priority development area. Before recommending to the Governor in Council the making of a regulation under subsection (1) , the Minister must— consult with the Minister administering the Planning Act ; and have regard to— the main purpose of this Act; and any proposed development for land in the area; and the impact the Planning Act may have on the delivery of the proposed development if the declaration regulation were not made; and any State planning instrument applying to land in the area. The declaration regulation may state an expiry date, recommended by MEDQ, for— the interim land use plan made under section 38 (2) for the priority development area; or if more than 1 interim land use plan has been made under section 38 (3) for the priority development area—1 or more of the plans. The expiry date must be a date that is more than 12 months, but not more than 24 months, after the declaration regulation commences. However, MEDQ may recommend an expiry date for subsection (3) only if it considers the expiry date appropriate for the proper and orderly planning, development and management of the priority development area. See generally section 40AB in relation to the expiry of an interim land use plan. To remove any doubt, it is declared that the declaration regulation may state different expiry dates for the interim land use plans mentioned in subsection (3) (b) . s 37 amd 2016 No. 27 s 169; 2019 No. 11 s 25; 2024 No. 32 s 21 (sec.37-ssec.1) A regulation (a declaration regulation ) may declare a part of the State to be a priority development area. (sec.37-ssec.2) Before recommending to the Governor in Council the making of a regulation under subsection (1) , the Minister must— consult with the Minister administering the Planning Act ; and have regard to— the main purpose of this Act; and any proposed development for land in the area; and the impact the Planning Act may have on the delivery of the proposed development if the declaration regulation were not made; and any State planning instrument applying to land in the area. (sec.37-ssec.3) The declaration regulation may state an expiry date, recommended by MEDQ, for— the interim land use plan made under section 38 (2) for the priority development area; or if more than 1 interim land use plan has been made under section 38 (3) for the priority development area—1 or more of the plans. (sec.37-ssec.4) The expiry date must be a date that is more than 12 months, but not more than 24 months, after the declaration regulation commences. (sec.37-ssec.5) However, MEDQ may recommend an expiry date for subsection (3) only if it considers the expiry date appropriate for the proper and orderly planning, development and management of the priority development area. See generally section 40AB in relation to the expiry of an interim land use plan. (sec.37-ssec.6) To remove any doubt, it is declared that the declaration regulation may state different expiry dates for the interim land use plans mentioned in subsection (3) (b) . s 37 amd 2016 No. 27 s 169; 2019 No. 11 s 25; 2024 No. 32 s 21