sec.42JApproval of planning instrument change

sec.42J Approval of planning instrument change

This section applies if, for a proposed instrument for a planning instrument change, the notification requirements— have been complied with; or do not apply under section 42D . 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 (2) , MEDQ must consider— the main purpose of this Act; and for a proposed instrument for a planning instrument change prepared by the relevant local government to which the notification requirements apply—the public response report. If MEDQ decides to approve the proposed instrument for the planning instrument change under subsection (2) , it must, by notice 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 (2) (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 (2) (b) . If MEDQ approves an instrument for a planning instrument change prepared by the relevant local government subject to any conditions decided under subsection (2) (b) , the local government must amend the instrument to comply with the conditions. s 42J ins 2014 No. 40 s 8 amd 2019 No. 11 s 33 (sec.42J-ssec.1) This section applies if, for a proposed instrument for a planning instrument change, the notification requirements— have been complied with; or do not apply under section 42D . (sec.42J-ssec.2) 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.42J-ssec.3) In making the decision under subsection (2) , MEDQ must consider— the main purpose of this Act; and for a proposed instrument for a planning instrument change prepared by the relevant local government to which the notification requirements apply—the public response report. (sec.42J-ssec.4) If MEDQ decides to approve the proposed instrument for the planning instrument change under subsection (2) , it must, by notice 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 (2) (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 (2) (b) . (sec.42J-ssec.5) If MEDQ approves an instrument for a planning instrument change prepared by the relevant local government subject to any conditions decided under subsection (2) (b) , the local government must amend the instrument to comply with the conditions.