74Committee fails to report promptly on draft major plan

74 Committee fails to report promptly on draft major plan relevant Assembly committee under section 70 (2) (Certain draft major plan amendments given to Minister under s 67—action by Minister); and (b) the committee has decided to prepare a report on the draft major plan amendment; and

Consideration of draft major plan amendments by relevant Assembly Division 5.2.6 (c) the committee has not reported on the draft amendment by the end of— (i) if the Minister’s referral is made within 4 months before a general election of members of the Legislative Assembly— (A) if the Minister stated a period under section 71 (5) (Consideration of draft major plan amendments by relevant Assembly committee)—the stated period commencing on the first sitting day of the Legislative Assembly after the general election; or (B) in any other case—6 months after the first sitting day of the Legislative Assembly after the general election; or (ii) in any other case— (A) if a period was stated by the Minister under section 71 (5)—the stated period; or (B) in any other case—6 months after the day the draft major plan amendment is referred to the committee. (2) The Minister may take action in accordance with section 75 in relation to the draft major plan amendment, even though the relevant Assembly committee has not reported on the amendment.

Division 5.2.7 Ministerial and Legislative Assembly action on draft major plan Division 5.2.7 Ministerial and Legislative Assembly action on draft major plan 75 Minister’s powers in relation to draft major plan (a) the Minister is required to take action under this section; or (b) the Minister decides under section 74 to take action under this section; or (c) the Minister revokes the approval of a draft major plan amendment under section 77 (4). Note See s 72 (2), s 73 (2) (b) and s 76 (4) for when the Minister is required to take action under this section. (2) The Minister must— (a) approve the draft major plan amendment in the form given; or Note A draft major plan amendment approved by the Minister is a major plan amendment (see s 55, def major plan amendment). (b) withdraw the draft major plan amendment; or (c) return the draft major plan amendment to the territory planning authority and direct the authority to do 1 or more of the (i) conduct further stated consultation; (ii) consider any revision suggested by the Minister; (iii) revise the draft amendment in a stated way.

Ministerial and Legislative Assembly action on draft major plan Division 5.2.7 (3) Before taking action under subsection (2), the Minister must consider (a) the documents given to the Minister under section 67 (3) (Draft major plan amendments to be given to Minister etc); (b) any recommendation made by the relevant Assembly committee in relation to the draft amendment, or related documents, referred to the committee under section 70 (2) (a) or otherwise; (c) the planning strategy; (d) any relevant district strategy. Note For par (b), the Minister must not take action under this section in some circumstances if the committee has not reported (see s 73 and s 74). (4) The Minister may approve a draft major plan amendment only if the draft amendment is not inconsistent with the planning strategy or any relevant district strategy. (5) If the Minister approves a draft major plan amendment, the Minister must prepare a notice that includes the following: (a) the major plan amendment; (b) a statement that the major plan amendment is approved; (c) a statement that the major plan amendment must be presented to the Legislative Assembly and may only commence by commencement notice under section 80 (2). (6) A notice under subsection (5) is a notifiable instrument. (7) The following must be published on the authority website: (a) a decision by the Minister under subsection (2); (b) if the decision is under subsection (2) (b) or (c)—the reasons for the decision (if any).