sec.40GRecommendation for boundary change regulation

sec.40G Recommendation for boundary change regulation

This section applies if the Minister proposes to recommend to the Governor in Council the making of a boundary change regulation in relation to a priority development area. The recommendation for the making of the boundary change regulation may be made only if— for the additional land proposed to be included in the priority development area (the additional land ), MEDQ has— proposed an instrument amending the relevant development instrument for the priority development area to apply the relevant development instrument to the additional land (the PDA instrument change ); and consulted on the proposed instrument under section 40H (1) ; and made the instrument under section 40H (2) ; and for any land proposed to be excluded from the priority development area (the excluded land ), an instrument amending the relevant local government’s planning instruments to provide for the excluded land (the planning instrument change ) has been— prepared under section 40I ; and consulted on under section 40J ; and made or approved under section 40K . However, subsection (2) (b) does not apply if MEDQ decides a planning instrument change is not required to provide for the excluded land. MEDQ may make a decision under subsection (3) only if it is satisfied that, without amendment, the relevant local government’s planning instruments adequately provide for the excluded land. s 40G ins 2019 No. 11 s 28 (sec.40G-ssec.1) This section applies if the Minister proposes to recommend to the Governor in Council the making of a boundary change regulation in relation to a priority development area. (sec.40G-ssec.2) The recommendation for the making of the boundary change regulation may be made only if— for the additional land proposed to be included in the priority development area (the additional land ), MEDQ has— proposed an instrument amending the relevant development instrument for the priority development area to apply the relevant development instrument to the additional land (the PDA instrument change ); and consulted on the proposed instrument under section 40H (1) ; and made the instrument under section 40H (2) ; and for any land proposed to be excluded from the priority development area (the excluded land ), an instrument amending the relevant local government’s planning instruments to provide for the excluded land (the planning instrument change ) has been— prepared under section 40I ; and consulted on under section 40J ; and made or approved under section 40K . (sec.40G-ssec.3) However, subsection (2) (b) does not apply if MEDQ decides a planning instrument change is not required to provide for the excluded land. (sec.40G-ssec.4) MEDQ may make a decision under subsection (3) only if it is satisfied that, without amendment, the relevant local government’s planning instruments adequately provide for the excluded land.

• (a) for the additional land proposed to be included in the priority development area (the additional land ), MEDQ has— (i) proposed an instrument amending the relevant development instrument for the priority development area to apply the relevant development instrument to the additional land (the PDA instrument change ); and (ii) consulted on the proposed instrument under section 40H (1) ; and (iii) made the instrument under section 40H (2) ; and