35Approval of amendment by Minister

35 Approval of amendment by Minister S. 35(1) amended by No. 43/2021 s. 125(1). (1) Subject to this section, the Minister may— (a) approve an amendment or a part of an amendment prepared by the Minister or submitted to the Minister under section 31— (i) with or without changes; and (ii) subject to any conditions the Minister wishes to impose; or S. 35(1)(b) amended by No. 128/1993 s. 9. (b) refuse to approve the amendment or part of the amendment. S. 35(1A) inserted by No. 43/2021 s. 125(2). (1A) If the amendment or a part of an amendment applies to land to which a Suburban Rail Loop planning area declaration applies, the Minister must have regard to the advice of the Suburban Rail Loop Minister under section 34A in approving or refusing to approve the amendment or part of the amendment. S. 35(1B) inserted by No. 43/2021 s. 125(2). (1B) However, subsection (1A) does not apply if, before the Minister makes a decision on the amendment or part of an amendment, the Suburban Rail Loop planning area declaration ceases to apply to the land to which the amendment or part of an amendment applies. (2) If the Minister approves only a part of an amendment that part becomes a separate amendment. (3) The Minister may approve further parts of an amendment at any time. (4) The Minister must not approve an amendment or part without the consent of— (a) a Minister prescribed under section 19, if that Minister so requires for a prescribed reason; or S. 35(4)(b) amended by No. 12/2004 s. 166(a)(b). (b) the Minister administering the **Road Management Act 2004**, if the amendment or part provides for the closure of a freeway or an arterial road within the meaning of that Act. Ss 35A, 35B inserted by No. 81/2004 s. 10, repealed by No. 3/2013 s. 70(1).