39MSignificant amendments to relevant planning amendments

39M Significant amendments to relevant planning amendments

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

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

(2)  An approval under subsection (1) of the making of an amendment may only be made –

(a) where the approval relates to an 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 an 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.

(3)  An amendment referred to in subsection (1) may only consist of any one or more of the following:

(a) an amendment to the amendments to the relevant planning scheme made under section 39J(1) ;

(b) the revocation of one or more of the amendments to the relevant planning scheme made under section 39J(1) ;

(c) the amendment or revocation of the provisions of the relevant planning scheme necessary to give effect to the amendment to, or revocation of, the amendments.

(4)  The Minister must consult with the Planning Minister in preparing an amendment under subsection (1) .

(5)  If an approval is given under subsection (1) in relation to an amendment under subsection (1)  –