31Interim development control orders

31 Interim development control orders (1) If the Minister decides that an amendment to a planning scheme is to be made, the Minister may, subject to this section, by notice in the Gazette, make an interim development control order in respect of the land or part of the land to which it is proposed the amendment is to apply. (2) An interim development control order may declare that: (a) a specified provision of a planning scheme does not apply to all or part of the land to which the order relates; (b) development specified in the order in all or part of the land to which the order relates may proceed only with a permit granted under Part 5 by the consent authority specified in the order; or (c) specified types of development are prohibited, and while the order remains in force the provision does not apply, or development may only proceed or is prohibited, accordingly. (3) The Minister may, in an interim development control order, nominate himself or herself or a Division of the Development Consent Authority as the consent authority for the purposes of this section in respect of the order or development specified in the order.

Planning Act 1999 49 (4) An interim development control order takes effect on: (a) the date it is notified in the Gazette; or (b) if a later date is provided for in the order – that later date. (5) An interim development control order remains in force for 2 years or a lesser period specified in the order. (6) An interim development control order must not be made in respect of land within 3 months after the day on which a previous interim development control order affecting that land expires, except if it relates to a different matter to the order that has expired.