19What notice of an amendment must a planning authority give?

19 What notice of an amendment must a planning authority give? (1) A planning authority must give notice of its preparation of an amendment to a planning scheme— (a) to every Minister, public authority and municipal council that it believes may be materially affected by the amendment; and S. 19(1)(b) amended by No. 86/1989 s. 4(2)(a). (b) to the owners (except persons entitled to be registered under the **Transfer of Land Act 1958** as proprietor of an estate in fee simple) and occupiers of land that it believes may be materially affected by the amendment; and (c) to any Minister, public authority, municipal council or person prescribed; and S. 19(1)(ca) inserted by No. 100/2000 s. 5(1). (ca) to owners (except persons entitled to be registered under the **Transfer of Land Act** **1958** as proprietor of an estate in fee simple) and occupiers of land benefited by a registered restrictive covenant, if the amendment provides for the removal or variation of the covenant; and (d) to the Minister administering the **Land Act 1958** if the amendment provides for the closure of a road wholly or partly on Crown land. S. 19(1A) inserted by No. 128/1993 s. 5. (1A) Subject to subsection (1C), the planning authority is not required to give notice of an amendment under subsection (1)(b) if it considers the number of owners and occupiers affected makes it impractical to notify them all individually about the amendment. S. 19(1B) inserted by No. 128/1993 s. 5. (1B) A planning authority which does not give notice under subsection (1)(b) for the reasons set out in subsection (1A) must take reasonable steps to ensure that— (a) public notice of the proposed amendment is given in the area affected by the amendment; and (b) that notice states that owners and occupiers of land referred to in subsection (1)(b) are entitled to make submissions in accordance with sections 21 and 21A. S. 19(1C) inserted by No. 128/1993 s. 5. (1C) Subsection (1A) does not apply in relation to the giving of notice to an owner of land of an amendment which provides for— (2) A planning authority must publish a notice of any amendment it prepares in a newspaper generally circulating in the area to which the amendment applies. S. 19(2A) inserted by No. 100/2000 s. 5(2). (2A) A planning authority must cause notice of an amendment providing for the removal or variation of a registered restrictive covenant to be given by placing a sign on the land which is the subject of the amendment. S. 19(3) amended by Nos 86/1989 s. 25(e), 100/2000 s. 5(3). (3) On the same day as it gives the last of the notices required under subsections (1), (2) and (2A) or after all other notices have been given under this section, the planning authority must publish a notice of the preparation of the amendment in the Government Gazette[[10]](#endnote-11). (4) Any notice must— (a) be given in accordance with the regulations; and S. 19(4)(b) amended by No. 48/1991 s. 66(1). (b) set a date for submissions to the planning authority which, if notice of the preparation of the amendment is given in the Government Gazette, must be not less than one month after the date that the notice is given in the Government Gazette. S. 19(5) amended by No. 81/2004 s. 7. (5) The failure of a planning authority to give a notice under subsection (1) does not prevent the adoption or approval of the amendment by the planning authority or its submission to or approval by the Minister. (6) Subsection (5) does not apply to a failure to notify an owner of land about the preparation of an amendment which provides for— (7) A planning authority may take any other steps it thinks necessary to tell anyone who may be affected by the amendment about its preparation.