39HPreparation of proposed amendments

39H Preparation of proposed amendments

[Section 39H of Part 5 Inserted by No. 35 of 2018, s. 16, Applied:17 Dec 2018]

(1)  The Minister, after receiving a request under section 39G(1) containing a draft of proposed amendments to the relevant planning scheme, must –

(a) prepare proposed amendments to the relevant planning scheme in the form of the draft of the proposed amendments to the relevant planning scheme to which the request relates; or

(b) after consultation with the Board, prepare proposed amendments to the relevant planning scheme in the form of the draft of the proposed amendments to the relevant planning scheme to which the request relates, altered by the Minister as the Minister thinks fit; or

(c) require the Board to amend, in accordance with the requirement, the draft of the proposed amendments to the relevant planning scheme to which the request relates and make a new request under section 39G(1) in relation to the proposed amendments as amended in accordance with the requirement; or

(d) refuse to prepare proposed amendments to the relevant planning scheme.

(2)  The Minister must consult with the Planning Minister in preparing under subsection (1) proposed amendments to the relevant planning scheme.

(3)  After preparing under subsection (1) proposed amendments to the relevant planning scheme and before complying with subsection (11) , the Minister must provide to the relevant planning scheme planning authority a notice –

(a) containing a copy of the proposed amendments to the relevant planning scheme; and

(b) requesting the authority to give to the Minister, within 14 days, a notice under subsection (4) in relation to the proposed amendments; and

(c) specifying that, if the authority does not give to the Minister a notice under subsection (4)(a) or (c) , the authority may, within 28 days after receiving the notice from the Minister, make representations in relation to the proposed amendments.