159If decision not made in relation to exhibited draft control plan

159 If decision not made in relation to exhibited draft control plan amendments (1) If a draft control plan amendment has, under the former Act, that Act and the former Authority has made a submission to the Minister under section 23 of the former Act in relation to the proposed amendment, the Minister may: (a) require a further hearing or consultation under section 23 of this Act, in which case Divisions 3 and 4 of Part 2 of this Act apply to the amendment; or (b) deal with the amendment under Division 4 of Part 2 of this Act,

Planning Act 1999 153 as if: (c) the proposed amendment were a proposed amendment to the Planning Scheme consisting of an amendment to the development provisions; (d) a submission made to the former Authority under section 21 of the former Act had been made to the Minister under section 19 of this Act; and (e) the report under section 23 of the former Act were a report under section 20 of this Act. (2) If a draft control plan amendment has, under the former Act, the former Act and the former Authority: the former Act in relation to the proposed amendment; and (b) has not part-heard the matter, relation to the proposed amendment is to be taken to be a submission made under section 19 of this Act; and (d) sections 20, 22 and 23 and Division 4 of Part 2 of this Act apply in relation to the draft control plan amendment as if it were a proposed amendment to the Planning Scheme consisting of an amendment to the development provisions. (3) If a draft control plan amendment has, under the former Act, the former Act and the former Authority: the former Act in relation to the proposed amendment; and (b) has part-heard a matter, relation to the proposed amendment is to be taken to be a submission made under section 19 of this Act;

Division 4 Development applications, permits, interim development control orders etc. Planning Act 1999 154 (d) the Chairman of the Planning Authority within the meaning of the former Act must, within 60 days after the commencement of this Act: (i) prepare and deliver to the Minister under section 20 of this Act a report as if he or she had been asked to do so under that section; and (ii) prepare and deliver to the Minister under section 22 of this Act a report on so much of the hearing as has been part-heard as if he or she had been asked to do so under that section; (e) the Minister must appoint a person under section 22 to complete the hearing; and (f) section 23 and Division 4 of Part 2 apply as if it were an application made under section 12 of this Act for an amendment to the Planning Scheme consisting of an amendment to the development provisions.