37Amendment or revocation of zoning plan—substantive changes

#### 37 Amendment or revocation of zoning plan—substantive changes Amendment of zoning plan (1) The Authority may amend a zoning plan (other than to correct typographical errors) in respect of an area only if: (a) the plan has been in operation for at least 7 years; or (b) if the plan has been previously amended under this section—the most recent of those amendments has been in operation for at least 7 years. > Note: Section 37A deals with the amendment of a zoning plan to correct typographical errors. (2) The Authority must not publish a notice under section 32C in relation to a proposed amendment of a zoning plan in respect of an area unless the Minister has approved the publication of the notice. The Minister’s approval cannot be sought until after the end of the period applicable under subsection (1) of this section. > Note: Section 32C applies to this situation because of subsection (8) of this section. Amendment is a legislative instrument (2A) An amendment of a zoning plan, prepared by the Authority and accepted by the Minister, is a legislative instrument made by the Minister on the day on which the amendment is accepted, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the amendment. > Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the amendment (see regulations made for the purposes of paragraph 54(2)(b) of that Act). Revocation of zoning plan (3) The Authority may: (a) revoke a zoning plan (the existing plan) in respect of an area; and (b) prepare a new zoning plan in respect of that area; only if: (c) the existing plan has been in operation for at least 7 years; or (d) if the existing plan has been amended under this section—the most recent of those amendments has been in operation for at least 7 years. The revocation does not take effect until the new plan comes into operation. (4) The Authority must not publish a notice under section 32C in relation to: (a) the proposed revocation of a zoning plan in respect of an area; and (b) a proposed new zoning plan in respect of that area; unless the Minister has approved the publication of the notice. The Minister’s approval cannot be sought until after the end of the period applicable under subsection (3) of this section. > Note: Section 32C applies to this situation because of subsection (8) of this section. Revocation is a legislative instrument (4A) A revocation of a zoning plan, prepared by the Authority and accepted by the Minister, is a legislative instrument made by the Minister on the day on which the revocation is accepted, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the revocation. > Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the revocation (see regulations made for the purposes of paragraph 54(2)(b) of that Act). Report (5) The Authority must prepare a report setting out the reasons for the action it proposes to take under subsection (1) or (3). The report must refer to the relevant environmental, economic and social information on which those reasons were based. Report to be publicly available (6) The Authority must make the report publicly available. Report is not a legislative instrument (7) The report is not a legislative instrument. Application of sections 32 to 35C and 35E to 35G (8) Subject to subsection (9) of this section, sections 32 to 35C and 35E to 35G apply in relation to action referred to in subsection (1) or (3) of this section in the same way as they apply to a zoning plan required to be prepared in accordance with this Division. Additional obligation for amendment or revocation of zoning plan (9) The notice published under section 32C in relation to action referred to in subsection (1) or (3) of this section must also specify that a report prepared under subsection (5) of this section is publicly available and how a copy may be obtained.