39LMinor amendment of relevant planning amendments

39L Minor amendment of relevant planning amendments

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

(1)  The Minister may prepare a minor amendment to the relevant planning scheme and, by instrument in writing, approve the making of the minor amendment to the relevant planning scheme.

(2)  An amendment is only to be taken to be a minor amendment under subsection (1) if the amendment –

(a) is to correct –

(i) a clerical mistake, or an accidental omission, in amendments to the relevant planning scheme made under section 39J(1) ; or

(ii) an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in amendments to the relevant planning scheme made under section 39J(1) ; and

(b) will not cause an increase in detriment to any person; and

(c) does not change the use or development that may, or may not, be carried out under the amendments to the relevant planning scheme made under section 39J(1) .

(3)  The Minister may only approve under subsection (1) the making of a minor amendment –

(a) where the approval relates to a minor amendment of amendments to the relevant planning scheme, made under section 39J(1) , that apply to the area of land that is within the site on the day on which section 39G commences – if the approval is given within 12 months after those amendments came into effect; or

(b) where the approval relates to a minor amendment of amendments to the relevant planning scheme, made under section 39J(1) , that apply to an area of land that is within the site but was not within the site on the day on which section 39G commences – if the approval is given within 12 months after those amendments came into effect.

(4)  A minor amendment referred to in may only consist of any one or more of the following: