Planning Act 2023
90Consideration of whether review of territory plan
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90 Consideration of whether review of territory plan necessary (1) The Minister must, at least once every 5 years— (a) decide whether the territory plan should be reviewed; and (b) if the Minister decides that the territory plan should be reviewed—direct the territory planning authority to review the Note 1 The territory planning authority must also review the territory plan if directed to do so by the Minister (see s 19 and s 20 (1) (b)). Note 2 A direction mentioned in s (1) (b) is a notifiable instrument (see s 20 (3)). (2) In deciding whether the territory plan should be reviewed, the Minister— (a) must consider whether the territory plan— (i) is consistent with the object of this Act; and (ii) is consistent with the object of the territory plan; and (iii) gives effect to the plan’s object in a way that is not inconsistent with the national capital plan; and (iv) gives effect to the plan’s object in a way that gives effect to the principles of good planning; and (v) promotes the planning strategy; and (b) may consult with the public on whether the territory plan should be reviewed. (3) The Minister may delay making a decision to review the territory plan for not more than 1 year.
(4) The territory planning authority must publish on the authority website notice of— (a) the decision under subsection (1); and (b) any decision under subsection (3). (5) A decision by the Minister not to review the territory plan does not affect the territory planning authority’s function under section 18 (1) (b) of continually reviewing the territory plan.