sec.35Amendment of approved development plan

### sec.35 Amendment of approved development plan If the corporation, after consultation with the council, is of the opinion that it is necessary or desirable that the approved development plan be amended, it shall submit the proposed amendment to the Minister. If the Minister is of the opinion that the proposed amendment is of a minor nature and not contrary to the purposes of the approved development plan, then, upon the Minister’s so certifying, the Minister may recommend the amendment to the Governor in Council. If the amendment recommended under subsection (2) is approved by the Governor in Council, it shall be deemed to form part of and amend the approved development plan from the date of notification in the gazette. If the Minister is of the opinion that the proposed amendment is not of a minor nature, then, if the Minister approves the proposed amendment, the corporation shall, by advertisement published in a newspaper circulating in the City of Brisbane, give public notice that the proposed amendment to the approved development plan is available for public inspection during normal working hours at the office of the corporation for a period of 14 days from a date specified in the notice. During the period of inspection under subsection (4) , any person or organisation may make a submission to the corporation on any matter concerning the proposed amendment. The submission shall be in writing and shall be delivered to or lodged with the corporation manager at the office of the corporation during normal working hours. During the period of public inspection of the proposed amendment of the approved development plan, the corporation— shall make available to the public free of charge a synopsis identifying the principal feature of the proposed amendment; and may, subject to such terms and conditions, including fees, as the corporation determines, make available for purchase copies of the proposed amendment and any supporting documentation. The corporation shall, after consideration of the submissions made to it in relation to the proposed amendment and consultation with the council, prepare a report, which shall include the corporation’s consideration of the submissions, to the Minister, who after considering the report, may submit the report and proposed amendments, together with the Minister’s recommendation, to the Governor in Council. The Governor in Council may— approve the proposed amendment to the approved development plan without amendment; or approve the proposed amendment to the approved development plan with amendment; or reject the proposed amendment to the approved development plan. If approved by the Governor in Council with or without amendment, the approved amendment shall become, on notification in the gazette, part of the approved development plan for the corporation area. Where the approved development plan is so amended any right, privilege, liability or obligation arising under the prior approved development plan shall not be affected by such amendment. If the Minister is of the opinion that the proposed amendment is not of a minor nature but the Minister does not approve the proposed amendment, the Minister shall return the proposed amendment to the corporation together with the Minister’s views on the proposed amendment. s 35 prev s 35 amd 1991 No. 67 s 21 ; 1997 No. 17 s 74 sch om 2003 No. 24 s 25 pres s 35 amd 2003 No. 24 s 3 sch (sec.35-ssec.1) If the corporation, after consultation with the council, is of the opinion that it is necessary or desirable that the approved development plan be amended, it shall submit the proposed amendment to the Minister. (sec.35-ssec.2) If the Minister is of the opinion that the proposed amendment is of a minor nature and not contrary to the purposes of the approved development plan, then, upon the Minister’s so certifying, the Minister may recommend the amendment to the Governor in Council. (sec.35-ssec.3) If the amendment recommended under subsection (2) is approved by the Governor in Council, it shall be deemed to form part of and amend the approved development plan from the date of notification in the gazette. (sec.35-ssec.4) If the Minister is of the opinion that the proposed amendment is not of a minor nature, then, if the Minister approves the proposed amendment, the corporation shall, by advertisement published in a newspaper circulating in the City of Brisbane, give public notice that the proposed amendment to the approved development plan is available for public inspection during normal working hours at the office of the corporation for a period of 14 days from a date specified in the notice. (sec.35-ssec.5) During the period of inspection under subsection (4) , any person or organisation may make a submission to the corporation on any matter concerning the proposed amendment. (sec.35-ssec.6) The submission shall be in writing and shall be delivered to or lodged with the corporation manager at the office of the corporation during normal working hours. (sec.35-ssec.7) During the period of public inspection of the proposed amendment of the approved development plan, the corporation— shall make available to the public free of charge a synopsis identifying the principal feature of the proposed amendment; and may, subject to such terms and conditions, including fees, as the corporation determines, make available for purchase copies of the proposed amendment and any supporting documentation. (sec.35-ssec.8) The corporation shall, after consideration of the submissions made to it in relation to the proposed amendment and consultation with the council, prepare a report, which shall include the corporation’s consideration of the submissions, to the Minister, who after considering the report, may submit the report and proposed amendments, together with the Minister’s recommendation, to the Governor in Council. (sec.35-ssec.9) The Governor in Council may— approve the proposed amendment to the approved development plan without amendment; or approve the proposed amendment to the approved development plan with amendment; or reject the proposed amendment to the approved development plan. (sec.35-ssec.10) If approved by the Governor in Council with or without amendment, the approved amendment shall become, on notification in the gazette, part of the approved development plan for the corporation area. (sec.35-ssec.11) Where the approved development plan is so amended any right, privilege, liability or obligation arising under the prior approved development plan shall not be affected by such amendment. (sec.35-ssec.12) If the Minister is of the opinion that the proposed amendment is not of a minor nature but the Minister does not approve the proposed amendment, the Minister shall return the proposed amendment to the corporation together with the Minister’s views on the proposed amendment. - (a) shall make available to the public free of charge a synopsis identifying the principal feature of the proposed amendment; and - (b) may, subject to such terms and conditions, including fees, as the corporation determines, make available for purchase copies of the proposed amendment and any supporting documentation. - (a) approve the proposed amendment to the approved development plan without amendment; or - (b) approve the proposed amendment to the approved development plan with amendment; or - (c) reject the proposed amendment to the approved development plan.