sec.42Revocation or reduction of priority development area

sec.42 Revocation or reduction of priority development area

Subsections (2) and (3) apply if the Minister proposes to recommend to the Governor in Council the making of a regulation to amend or repeal a provision of a declaration regulation made under section 34 or 37 (the PDA change ) so land in a priority development area (the excluded land ) will no longer be in the priority development area. The recommendation for the PDA change may be made only if an instrument amending the relevant local government’s planning instruments to provide for the excluded land (the planning instrument change ) is— proposed and dealt with under sections 42A to 42I , as applicable; and approved under section 42J (2) . Also, if there is PDA-associated development for the priority development area, the recommendation for the PDA change may be made only if— the Minister has considered how the development should be dealt with; and to the extent the Minister considers it appropriate, the development is provided for in the planning instrument change. However, subsection (2) does not apply if— under the regulation the subject of the Minister’s proposed recommendation— a part of the State comprising or including the excluded land is to be declared to be a priority development area under section 34 or 37 ; and the declaration is to commence at the same time as the PDA change; or the excluded land— is within the master planned area for a priority port and a port overlay has effect for the master planned area; or is strategic port land under the Transport Infrastructure Act 1994 , section 286 ; or MEDQ is satisfied that— without amendment, the relevant local government’s planning instruments adequately provide for the excluded land; or any amendments required to be made to the relevant local government’s planning instruments to provide for the excluded land are minor, have been the subject of adequate consultation and have been made. Also, subsections (2) and (3) do not apply only because the Minister proposes to make a boundary change regulation to make a minor boundary change mentioned in section 40F (1) (b) . In this section— master planned area , for a priority port, see the Sustainable Ports Development Act 2015 , section 6 . port overlay see the Sustainable Ports Development Act 2015 , section 19 (1) . priority port see the Sustainable Ports Development Act 2015 , section 5 . s 42 sub 2014 No. 40 s 8 amd 2016 No. 17 s 95 ; 2019 No. 11 s 30 (sec.42-ssec.1) Subsections (2) and (3) apply if the Minister proposes to recommend to the Governor in Council the making of a regulation to amend or repeal a provision of a declaration regulation made under section 34 or 37 (the PDA change ) so land in a priority development area (the excluded land ) will no longer be in the priority development area. (sec.42-ssec.2) The recommendation for the PDA change may be made only if an instrument amending the relevant local government’s planning instruments to provide for the excluded land (the planning instrument change ) is— proposed and dealt with under sections 42A to 42I , as applicable; and approved under section 42J (2) . (sec.42-ssec.3) Also, if there is PDA-associated development for the priority development area, the recommendation for the PDA change may be made only if— the Minister has considered how the development should be dealt with; and to the extent the Minister considers it appropriate, the development is provided for in the planning instrument change. (sec.42-ssec.4) However, subsection (2) does not apply if— under the regulation the subject of the Minister’s proposed recommendation— a part of the State comprising or including the excluded land is to be declared to be a priority development area under section 34 or 37 ; and the declaration is to commence at the same time as the PDA change; or the excluded land— is within the master planned area for a priority port and a port overlay has effect for the master planned area; or is strategic port land under the Transport Infrastructure Act 1994 , section 286 ; or MEDQ is satisfied that— without amendment, the relevant local government’s planning instruments adequately provide for the excluded land; or any amendments required to be made to the relevant local government’s planning instruments to provide for the excluded land are minor, have been the subject of adequate consultation and have been made. (sec.42-ssec.5) Also, subsections (2) and (3) do not apply only because the Minister proposes to make a boundary change regulation to make a minor boundary change mentioned in section 40F (1) (b) . (sec.42-ssec.6) In this section— master planned area , for a priority port, see the Sustainable Ports Development Act 2015 , section 6 . port overlay see the Sustainable Ports Development Act 2015 , section 19 (1) . priority port see the Sustainable Ports Development Act 2015 , section 5 .