sec.26APower of Minister to direct particular amendment of planning schemes

### sec.26A Power of Minister to direct particular amendment of planning schemes This section applies if the Minister considers— a local government should amend its planning scheme to ensure the planning scheme is consistent with— the regulated requirements; or a regulation made under section 43 (1) or 44 (5) to the extent the regulation categorises development as prohibited development or accepted development; or section 43 (5) ; or both of the following apply— a local government should amend its planning scheme to protect, or give effect to, a State interest; adequate public consultation was carried out in relation to the subject matter of the amendment. The Minister may direct the local government to amend its planning scheme as provided for in section 20 . The Minister may act under subsection (2) without consulting with any person. If the Minister decides to direct the local government to amend its planning scheme, the Minister must give the local government a notice that states— the nature of the amendment; and the reasons for making the amendment; and a reasonable period within which the local government must make the amendment. If the local government does not make the amendment as directed, the Minister may— take action to make the amendment; and recover any expense the Minister reasonably incurs in taking the action from the local government as a debt. The action taken by the Minister has the same effect as if the local government had taken the action. s 26A ins 2024 No. 13 s 94 (sec.26A-ssec.1) This section applies if the Minister considers— a local government should amend its planning scheme to ensure the planning scheme is consistent with— the regulated requirements; or a regulation made under section 43 (1) or 44 (5) to the extent the regulation categorises development as prohibited development or accepted development; or section 43 (5) ; or both of the following apply— a local government should amend its planning scheme to protect, or give effect to, a State interest; adequate public consultation was carried out in relation to the subject matter of the amendment. (sec.26A-ssec.2) The Minister may direct the local government to amend its planning scheme as provided for in section 20 . (sec.26A-ssec.3) The Minister may act under subsection (2) without consulting with any person. (sec.26A-ssec.4) If the Minister decides to direct the local government to amend its planning scheme, the Minister must give the local government a notice that states— the nature of the amendment; and the reasons for making the amendment; and a reasonable period within which the local government must make the amendment. (sec.26A-ssec.5) If the local government does not make the amendment as directed, the Minister may— take action to make the amendment; and recover any expense the Minister reasonably incurs in taking the action from the local government as a debt. (sec.26A-ssec.6) The action taken by the Minister has the same effect as if the local government had taken the action. - (a) a local government should amend its planning scheme to ensure the planning scheme is consistent with— (i) the regulated requirements; or (ii) a regulation made under section 43 (1) or 44 (5) to the extent the regulation categorises development as prohibited development or accepted development; or (iii) section 43 (5) ; or - (i) the regulated requirements; or - (ii) a regulation made under section 43 (1) or 44 (5) to the extent the regulation categorises development as prohibited development or accepted development; or - (iii) section 43 (5) ; or - (b) both of the following apply— (i) a local government should amend its planning scheme to protect, or give effect to, a State interest; (ii) adequate public consultation was carried out in relation to the subject matter of the amendment. - (i) a local government should amend its planning scheme to protect, or give effect to, a State interest; - (ii) adequate public consultation was carried out in relation to the subject matter of the amendment. - (i) the regulated requirements; or - (ii) a regulation made under section 43 (1) or 44 (5) to the extent the regulation categorises development as prohibited development or accepted development; or - (iii) section 43 (5) ; or - (i) a local government should amend its planning scheme to protect, or give effect to, a State interest; - (ii) adequate public consultation was carried out in relation to the subject matter of the amendment. - (a) the nature of the amendment; and - (b) the reasons for making the amendment; and - (c) a reasonable period within which the local government must make the amendment. - (a) take action to make the amendment; and - (b) recover any expense the Minister reasonably incurs in taking the action from the local government as a debt.