77RPowers to amend planning scheme

77R Powers to amend planning scheme (1) In addition to any other power to prepare, adopt or approve amendments to planning schemes, the Minister administering the **Planning and Environment Act 1987** may prepare, adopt and approve amendments to any planning scheme to— (a) set out policies relating to extractive industries; or (b) enable the carrying out of an extractive industry on land with a planning permit; or (c) specify the Minister administering this Act or any other person or body as a referral authority for any application for a planning permit to carry out an extractive industry. (2) The **Planning and Environment Act 1987** (except section 12(2), Divisions 1 and 2 of Part 3 and section 39(1) to (5) and any regulations made for the purposes of those provisions) applies to the preparation, adoption and approval of an amendment under subsection (1). (3) Section 39(7) of the **Planning and Environment Act 1987** applies to an amendment prepared, adopted or approved under subsection (1) as if before "Division 1" there were inserted "section 12(1) or". (4) Section 39(8) of the **Planning and Environment Act 1987** applies to an amendment prepared, adopted or approved under subsection (1) as if— (a) the expression "Except for an application under this section," were omitted; and (5) Nothing in this section prevents either House of Parliament exercising its power under section 38 of the **Planning and Environment Act 1987**. S. 77S inserted by No. 6/2009 s. 20.