sec.10Making or amending State planning instruments

### sec.10 Making or amending State planning instruments This section applies if the Minister proposes to make or amend a State planning instrument. The Minister must publish a public notice that states— where copies of the proposed State planning instrument, or proposed amendment, (the instrument ) may be inspected or purchased; and a phone number or email address to contact for information about the instrument; and any person may make a written submission about the instrument to the Minister; and the requirements for properly making a submission; and the period, after the public notice is gazetted, within which a submission may be made. The period for subsection (2) (e) must be at least— for making a State planning policy—40 business days; or for amending a State planning policy—20 business days; or for making a regional plan—30 business days; or for amending a regional plan—20 business days. The Minister must give a copy of the public notice and instrument to each affected local government. After the Minister considers all submissions that are made as required under the public notice, the Minister must decide— to make the instrument; or to make the instrument with the changes that the Minister considers appropriate; or not to make the instrument. If the Minister decides to make the instrument (with or without changes), the Minister must— publish the decision by a public notice that states— the day when the instrument was made; and where a copy of the instrument may be inspected or purchased; and give a copy of the notice, and the instrument, to each affected local government. A State planning instrument that is made or amended substantially in compliance with this section is valid, as long as any noncompliance does not— restrict the public’s opportunity to properly make submissions about the instrument; or adversely affect public awareness of the existence and nature of the instrument. If the Minister decides not to make the instrument, the Minister must publish the decision by a gazette notice. s 10 amd 2025 No. 14 s 85B (sec.10-ssec.1) This section applies if the Minister proposes to make or amend a State planning instrument. (sec.10-ssec.2) The Minister must publish a public notice that states— where copies of the proposed State planning instrument, or proposed amendment, (the instrument ) may be inspected or purchased; and a phone number or email address to contact for information about the instrument; and any person may make a written submission about the instrument to the Minister; and the requirements for properly making a submission; and the period, after the public notice is gazetted, within which a submission may be made. (sec.10-ssec.3) The period for subsection (2) (e) must be at least— for making a State planning policy—40 business days; or for amending a State planning policy—20 business days; or for making a regional plan—30 business days; or for amending a regional plan—20 business days. (sec.10-ssec.4) The Minister must give a copy of the public notice and instrument to each affected local government. (sec.10-ssec.5) After the Minister considers all submissions that are made as required under the public notice, the Minister must decide— to make the instrument; or to make the instrument with the changes that the Minister considers appropriate; or not to make the instrument. (sec.10-ssec.6) If the Minister decides to make the instrument (with or without changes), the Minister must— publish the decision by a public notice that states— the day when the instrument was made; and where a copy of the instrument may be inspected or purchased; and give a copy of the notice, and the instrument, to each affected local government. (sec.10-ssec.7) A State planning instrument that is made or amended substantially in compliance with this section is valid, as long as any noncompliance does not— restrict the public’s opportunity to properly make submissions about the instrument; or adversely affect public awareness of the existence and nature of the instrument. (sec.10-ssec.8) If the Minister decides not to make the instrument, the Minister must publish the decision by a gazette notice. - (a) where copies of the proposed State planning instrument, or proposed amendment, (the instrument ) may be inspected or purchased; and - (b) a phone number or email address to contact for information about the instrument; and - (c) any person may make a written submission about the instrument to the Minister; and - (d) the requirements for properly making a submission; and - (e) the period, after the public notice is gazetted, within which a submission may be made. - (a) for making a State planning policy—40 business days; or - (b) for amending a State planning policy—20 business days; or - (c) for making a regional plan—30 business days; or - (d) for amending a regional plan—20 business days. - (a) to make the instrument; or - (b) to make the instrument with the changes that the Minister considers appropriate; or - (c) not to make the instrument. - (a) publish the decision by a public notice that states— (i) the day when the instrument was made; and (ii) where a copy of the instrument may be inspected or purchased; and - (i) the day when the instrument was made; and - (ii) where a copy of the instrument may be inspected or purchased; and - (b) give a copy of the notice, and the instrument, to each affected local government. - (i) the day when the instrument was made; and - (ii) where a copy of the instrument may be inspected or purchased; and - (a) restrict the public’s opportunity to properly make submissions about the instrument; or - (b) adversely affect public awareness of the existence and nature of the instrument.