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Land Use Planning and Approvals Act 1993
30NAPreparation of minor amendments of the SPPs
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### 30NA Preparation of minor amendments of the SPPs
> [*\[Section 30NA of Division 2 of Part 3 Inserted by No. 7 of 2021, s. 8, Applied:14 Jul 2021\]*](/view/html/inforce/2021-07-14/act-2021-007#GS8@EN)
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> > (1) For the purposes of this section, a draft amendment of the SPPs meets the criteria for minor amendments of the SPPs if –
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> > > > (a) the amendment is for one or more of the following purposes:
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> > > > > > (i) correcting a clerical mistake, an error arising from any accidental slip or omission, an evident miscalculation of figures, or an evident material mistake, in a provision of the SPPs;
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> > > > > > (ii) removing an anomaly in the SPPs;
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> > > > > > (iii) clarifying or simplifying the SPPs;
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> > > > > > (iv) removing an inconsistency in the SPPs;
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> > > > > > (v) removing an inconsistency between the SPPs and this Act or any other Act;
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> > > > > > (vi) bringing the SPPs into conformity with a State Policy;
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> > > > > > (vii) bringing the SPPs into conformity with a planning directive which the Minister has, under [section 30BA](#GS30BA@EN) , determined should be reflected in the SPPs;
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> > > > > > (viii) changing provisions of the SPPs that indicate or specify the structure to which an LPS is to conform or the form that a provision of an LPS is to take;
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> > > > > > (ix) a prescribed purpose; and
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> > > > (b) the public interest will not be prejudiced by [Subdivision 3](#HP3@HD2@Hd3@EN) not applying to the draft amendment of the SPPs.
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> > (2) The Minister, after having prepared under [section 30D(1)](#GS30D@Gs1@EN) a draft amendment of the SPPs that is in accordance with terms of reference in relation to which notice has been given under [section 30C(2)](#GS30C@Gs2@EN) *–*
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> > > > (a) must, if the draft amendment contains amendments for the purposes of subsection (1)(a)(iii), (vi), (vii), (viii) or (ix), consult with –
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> > > > > > (i) the planning authorities; and
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> > > > > > (ii) the State Service Agencies, and any State authority, that the Minister thinks fit; and
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> > > > (b) may, if the draft amendment contains amendments for the purposes of subsection (1)(a)(i), (ii), (iv) or (v), consult with –
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> > > > > > (i) the planning authorities; and
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> > > > > > (ii) the State Service Agencies, and any State authority, that the Minister thinks fit.
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> > (3) The Minister, after having prepared under [section 30D(1)](#GS30D@Gs1@EN) a draft amendment of the SPPs that is in accordance with terms of reference in relation to which notice has been given under [section 30C(2)](#GS30C@Gs2@EN) *,* must, by notice in writing to the Commission, request the Commission to advise the Minister, by a day specified in the notice, as to whether the Commission is of the opinion that the draft amendment of the SPPs meets the criteria for minor amendments of the SPPs.
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> > (4) The Commission must, before the day specified in a notice under [subsection (3)](#GS30NA@Gs3@EN) in relation to a draft amendment of the SPPs, or a longer period allowed by the Minister, advise the Minister –
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> > > > (a) that the Commission is of the opinion that the draft amendment of the SPPs meets the criteria for minor amendments of the SPPs; or
> > >
> > > > (b) that the Commission is of the opinion that the draft amendment of the SPPs does not meet the criteria for minor amendments of the SPPs –
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> > and provide to the Minister the Commission’s reasons for being of that opinion.
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> > (5) The Minister, after considering all advice and reasons provided in the course of consultation under [subsections (2)](#GS30NA@Gs2@EN) and [(4)](#GS30NA@Gs4@EN) in relation to a draft amendment of the SPPs, may determine that –
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> > > > (a) the draft amendment of the SPPs, modified, if at all, as the Minister thinks fit, meets the criteria for minor amendments of the SPPs; or
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> > > > (b) the draft amendment of the SPPs does not meet the criteria for minor amendments of the SPPs.
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> > (6) If –
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> > > > (a) the Minister makes a determination under [subsection (5)(a)](#GS30NA@Gs5@Hpa@EN) in relation to a draft amendment of the SPPs; and
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> > > > (b) the Minister is satisfied that the amendment of the SPPs meets the SPPs criteria –
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> > the Minister may make an amendment of the SPPs in the terms of the draft amendment of the SPPs, without publicly exhibiting the draft in accordance with [Subdivision 3](#HP3@HD2@Hd3@EN) .
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> > (7) As soon as practicable after the Minister makes a determination under [subsection (5)](#GS30NA@Gs5@EN) in relation to a draft amendment of the SPPs –
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> > > > (a) the Commission must place on the Commission’s principal website –
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> > > > > > (i) a copy of the advice provided under [subsection (4)](#GS30NA@Gs4@EN) in relation to the draft amendment of the SPPs; and
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> > > > > > (ii) the Commission’s reasons for giving that advice; and
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> > > > (b) the Minister must place on a website of the Department a copy of the Minister’s reasons for making the determination.