sec.41Cessation of provisional priority development area

sec.41 Cessation of provisional priority development area

A provisional priority development area ceases to be a provisional priority development area 3 years after its declaration. Before a provisional priority development area ceases under subsection (1) , MEDQ may, by notice to the relevant local government— approve an amendment of the local government’s planning instruments prepared by the local government to provide for land in the provisional priority development area or any PDA-associated land for the provisional priority development area (the planning instrument change ); or make an amendment of the local government’s planning instruments to provide for land in the provisional priority development area or any PDA-associated land for the provisional priority development area (also the planning instrument change ). On the giving of a notice under subsection (2) , the planning instrument change is, for the Planning Act , taken to have been made by the local government. However— the planning instrument change— does not create a superseded planning scheme under the Planning Act ; and is not an adverse planning change under that Act; and the Planning Act , section 16 (2) and (3) does not apply in relation to the planning instrument change. The Planning Act , sections 18 , 20 , 22 and 23 do not apply for the making of the planning instrument change. Before making a planning instrument change under subsection (2) (b) , MEDQ must— give the relevant local government the proposed planning instrument change; and invite it to, within 40 business days after it is given the proposed amendment, make submissions to MEDQ about the proposed planning instrument change; and consider any submissions made under paragraph (b) . The planning instrument change takes effect at the same time as the provisional priority development area ceases under subsection (1) . s 41 amd 2016 No. 17 s 94 ; 2016 No. 27 s 170 ; 2019 No. 11 s 29 (sec.41-ssec.1) A provisional priority development area ceases to be a provisional priority development area 3 years after its declaration. (sec.41-ssec.2) Before a provisional priority development area ceases under subsection (1) , MEDQ may, by notice to the relevant local government— approve an amendment of the local government’s planning instruments prepared by the local government to provide for land in the provisional priority development area or any PDA-associated land for the provisional priority development area (the planning instrument change ); or make an amendment of the local government’s planning instruments to provide for land in the provisional priority development area or any PDA-associated land for the provisional priority development area (also the planning instrument change ). (sec.41-ssec.3) On the giving of a notice under subsection (2) , the planning instrument change is, for the Planning Act , taken to have been made by the local government. (sec.41-ssec.4) However— the planning instrument change— does not create a superseded planning scheme under the Planning Act ; and is not an adverse planning change under that Act; and the Planning Act , section 16 (2) and (3) does not apply in relation to the planning instrument change. (sec.41-ssec.5) The Planning Act , sections 18 , 20 , 22 and 23 do not apply for the making of the planning instrument change. (sec.41-ssec.6) Before making a planning instrument change under subsection (2) (b) , MEDQ must— give the relevant local government the proposed planning instrument change; and invite it to, within 40 business days after it is given the proposed amendment, make submissions to MEDQ about the proposed planning instrument change; and consider any submissions made under paragraph (b) . (sec.41-ssec.7) The planning instrument change takes effect at the same time as the provisional priority development area ceases under subsection (1) .