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Planning and Environment Act 1987
16GDecision on application to prepare amendment
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16G Decision on application to prepare amendment
(1) Subject to subsection (6), the Minister, on the application of a municipal council under section 16F, may decide—
(a) to authorise the municipal council to prepare the amendment; or
(b) that the application requires further review; or
(c) to refuse to authorise the municipal council to prepare the amendment.
(2) Despite subsection (1)(b), the Minister cannot decide that an application requires further review if the application is for an amendment that is of a class prescribed as a low‑impact amendment for the purposes of section 16N(1)(a).
(3) If the Minister decides under subsection (1)(b) that an application requires further review, the Minister may, following that review—
(a) decide to authorise the municipal council to prepare the amendment; or
(b) decide to refuse to authorise the municipal council to prepare the amendment.
(4) The Minister may authorise the preparation of an amendment under subsection (1) or (3) subject to any conditions the Minister wishes to impose, including conditions relating to the giving of notice under the amendment.
(5) The Minister must notify the municipal council in writing of the Minister's decision under subsection (1) or (3).
(6) If an application is for the preparation of an amendment that will apply to land to which a Suburban Rail Loop planning area declaration applies, the Minister—
(a) must refer the application to the Suburban Rail Loop Minister; and
(b) must not authorise the preparation of the amendment under subsection (1) or (3) without the consent of the Suburban Rail Loop Minister under section 16J.
S. 16H inserted by No. 6/2025 s. 125.