121Amendments to planning schemes to facilitate exploration and production

121 Amendments to planning schemes to facilitate exploration and production (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— (a) on the recommendation of the Minister, prepare; and (b) adopt and approve— amendments to any planning scheme to facilitate a petroleum operation on any land to which the planning scheme applies. (2) Without limiting what an amendment may include, an amendment prepared under subsection (1) may provide that, in the circumstances set out in section 120, no permit is required to do any thing authorised by an authority. (3) The **Planning and Environment Act 1987** (except section 12(2), Divisions 1 and 2 of Part 3 and sections 39(1) to (6) and any regulations made for the purposes of those provisions) applies to the preparation, adoption and approval of an amendment under subsection (1). (4) 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". (5) Section 39(8) of the **Planning and Environment Act 1987** applies to an amendment prepared or adopted under subsection (1) as if— (a) the expression "Except for an application under this section," were deleted; and (b) before "Division 1" there were inserted "section 12(1) or". (6) Section 46 of the **Planning and Environment Act 1987** does not apply to a planning scheme to the extent to which, because of an amendment prepared, adopted or approved under subsection (1), it is expressed or purports to deal with any land that has been permanently reserved for any purpose set out in section 4 of the **Crown Land (Reserves) Act 1978** in any manner inconsistent with that reservation. (7) Nothing in this section prevents either House of Parliament exercising its power under section 38 of the **Planning and Environment Act 1987**. Division 6—Miscellaneous matters S. 122 (Heading) inserted by No. 20/2020 s. 19(1).