sec.40KMaking or approving planning instrument change

sec.40K Making or approving planning instrument change

This section applies if— section 40G (2) (b) applies for any excluded land; and the proposed instrument for the planning instrument change has been prepared under section 40I and consulted on under section 40J . If the relevant local government is the proposer of the planning instrument change, it must give MEDQ the proposed instrument for its approval. MEDQ must decide to— approve the proposed instrument for the planning instrument change; or approve the proposed instrument subject to conditions decided by MEDQ; or refuse to approve the proposed instrument. In making the decision under subsection (3) , MEDQ must consider the main purpose of this Act. If MEDQ decides to approve the proposed instrument for the planning instrument change, it must, by notice given to the relevant local government— for a proposed instrument prepared by MEDQ—make the instrument for the planning instrument change in compliance with any conditions decided under subsection (3) (b) ; or for a proposed instrument prepared by the relevant local government—approve the instrument for the planning instrument change subject to any conditions decided under subsection (3) (b) . If MEDQ, under subsection (3) (b) , approves a proposed instrument for a planning instrument change prepared by the relevant local government, the local government must amend the instrument to comply with the conditions. s 40K ins 2019 No. 11 s 28 (sec.40K-ssec.1) This section applies if— section 40G (2) (b) applies for any excluded land; and the proposed instrument for the planning instrument change has been prepared under section 40I and consulted on under section 40J . (sec.40K-ssec.2) If the relevant local government is the proposer of the planning instrument change, it must give MEDQ the proposed instrument for its approval. (sec.40K-ssec.3) MEDQ must decide to— approve the proposed instrument for the planning instrument change; or approve the proposed instrument subject to conditions decided by MEDQ; or refuse to approve the proposed instrument. (sec.40K-ssec.4) In making the decision under subsection (3) , MEDQ must consider the main purpose of this Act. (sec.40K-ssec.5) If MEDQ decides to approve the proposed instrument for the planning instrument change, it must, by notice given to the relevant local government— for a proposed instrument prepared by MEDQ—make the instrument for the planning instrument change in compliance with any conditions decided under subsection (3) (b) ; or for a proposed instrument prepared by the relevant local government—approve the instrument for the planning instrument change subject to any conditions decided under subsection (3) (b) . (sec.40K-ssec.6) If MEDQ, under subsection (3) (b) , approves a proposed instrument for a planning instrument change prepared by the relevant local government, the local government must amend the instrument to comply with the conditions.