Div 4PLANNING

DIVISION 4—PLANNING PART A—Supplementary Development Plans 4A.1 The Supplementary Development Plan contained in the Fourth Schedule hereto shall at the Commencement Date amend the Development Plan constituted under Part IV of the Planning Act, 1982, and replace all schemes, regulations and directions prepared under the Tea Tree Gully (Golden Grove) Development Act presently applying to the Development Area and as hereby amended the Development Plan shall on the Commencement Date constitute the Development Plan applying to the City of Tea Tree Gully for the purposes of Part IV of the Planning Act, 1982. 4A.2 Section 41 of the Planning Act, 1982, shall apply in relation to the Development Area: (a) as if a reference in that section to a council were a reference: (i) to the council the area of which includes the Development Area; or (ii) to the Joint Venturers; and (b) as if a reference in that section to the area of a council were a reference to the Development Area. 4A.3 Where the Minister has received a Supplementary Development Plan (together with the Statement referred to in subsection (4) of section 41 of the Planning Act, 1982) submitted by the Joint Venturers he shall: (a) approve the Supplementary Development Plan as submitted; or (b) amend the Supplementary Development Plan (after consultation with the Joint Venturers and any council affected by the Plan) having regard to any submissions of the Golden Grove Advisory Committee (constituted under Division 5) or any other relevant matter and approve the Plan as amended; or (c) reject the Supplementary Development Plan. Any Supplementary Development Plan approved under this clause shall be deemed to have been approved under section 41 of the Planning Act, 1982, and save as aforesaid subsections (5) to (11) inclusive and (13), (14) and (15) of that section shall not apply to such Supplementary Development Plan. The Minister shall not capriciously withhold his approval to or amend or reject any Supplementary Development Plan submitted to him as aforesaid. 4A.4 Any Supplementary Development Plan affecting the Development Area whether expressly or by necessary implication shall not be submitted to the Minister without the written consent of the Joint Venturers first had and obtained. PART B—Division of Land 4B.1 — (a) The Joint Venturers shall during the preparation by them of any plan of land division within the Development Area consult with and ascertain the land purchasing requirements of such Ministers of the Crown or other government authorities or agencies of the Crown as the Minister may advise. (b) The Joint Venturers shall provide to the Minister a copy of each approved plan of land division and indicate thereon all allotments sold or intended for sale to any Minister of the Crown, government authority or agency of the Crown and shall supply to the Minister on a quarterly basis or as is otherwise reasonably required by the Minister a report containing such information as the Minister may reasonably require giving details of all negotiations and transactions involving Public Housing or other government authorities or agencies of the Crown in which the Joint Venturers have been involved since the previous report, including details of provisions for future requirements and the extent to which the Joint Venturers consider such transactions are implementing the Paramount Objectives. (c) Each plan of land division shall, in addition to the requirements of the Real Property Act, 1886, show those areas of reserve land to be set aside for the purposes set forth in Division 9 of this Indenture and all such reserve land shall vest in fee simple in the Council. Such land may for those purposes at the discretion of the Council be placed under the care control and management of the controlling body (as hereinafter constituted) and the plan shall indicate accordingly. 4B.2 Notwithstanding the provisions of subsection (6) of section 47 of the Planning Act, 1982, the Council shall not consent to any development of a kind prohibited by virtue of subsection (5) of section 47 of the Planning Act, 1982, without the written concurrence of the Joint Venturers first had and obtained. 4B.3 The Council and the Commission shall each issue a "Statement of Requirements" within the meaning of the Real Property Act, 1886, in respect of each plan of land division submitted by the Joint Venturers as soon as is reasonably practicable after such submission. If any such Statement is not issued by the Council or the Commission within 60 days after submission of such plan, the Council or the Commission (as the case may be), shall be deemed for the purposes of Part XIXAB of the Real Property Act, 1886, to have no requirements in respect of the plan and to have issued a Certificate of Approval under section 223lf or 223lg (as the case may be) of that Act in respect thereof. 4B.4 In the land division process, any disagreement between the Joint Venturers and either the Council or the Commission concerning the reasonableness of any requirement or requirements or their satisfaction shall be referred to arbitration pursuant to the arbitration provision hereof and to the extent that any such requirement is found to be unreasonable it shall not be a requirement for the purposes of any "Statement of Requirements". 4B.5 All division of land undertaken by the Joint Venturers in the Development Area shall be dealt with as if SAULT was not referred to in the Seventh Schedule to the Development Control Regulations, 1982, and any disagreement between the Joint Venturers and the Council consequent upon either the refusal of the Council to grant any approval under the Planning Act, 1982, or any condition imposed upon any such approval shall be referred to arbitration pursuant to the arbitration provisions hereof, and no appeal or other proceedings relating to any approval so granted shall be commenced before or heard by the Planning Appeal Tribunal established pursuant to the said Act. PART C—Environmental Impact Statements 4C.1 Paragraph (b) of subsection (1) of section 49 of the Planning Act, 1982, shall not apply to any development undertaken by the Joint Venturers within the Development Area pursuant to this Indenture. 4C.2 If the Minister prepares or arranges for the preparation of a draft Environmental Impact Statement pursuant to paragraph (a) of subsection (1) of section 49 of the Planning Act, 1982, in relation to any development or project proposed within the Development Area he shall, upon receipt of the same submit the same to the Joint Venturers and after considering any submissions thereon determine what (if any) amendments should be made to the Environmental Impact Statement and, after those amendments have been made, signify by notice to the Joint Venturers and any authority or body or person proposing to undertake such development or project that the Statement is officially recognised for the purposes of section 49 of the Planning Act, 1982. 4C.3 The Minister may from time to time amend, or require the amendment of, an Environmental Impact Statement to which official recognition has been accorded as aforesaid in order to correct an error or to make modifications that are desirable in view of more accurate or complete data or technological or other developments not contemplated at the time of the original recognition provided at least 28 days notice of such proposed alteration is given to the Joint Venturers. 4C.4 Save as aforesaid the provisions of subsections (2) to (4) inclusive of section 49 of the Planning Act shall not apply to any development or project to be undertaken by the Joint Venturers within the Development Area. PART D—General 4D.1 The State shall use its best endeavours to ensure that no declaration is made under section 50 of the Planning Act, 1982, which refers expressly or by necessary implication to development within the Development Area unless the Minister has first consulted with the Joint Venturers and given them a reasonable opportunity to make representations with respect to any such intended declaration.