13Effect of State Policies

13 Effect of State Policies

(1)  Where there is an inconsistency between a provision of a State Policy and a provision of a planning scheme or an interim order in force at the time when the State Policy comes into operation, the provision of the planning scheme or interim order is void to the extent of the inconsistency.

(2)  [Section 13 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] The Minister must advise the Commission and all appropriate agencies of the making of a State Policy within 14 days of its coming into operation.

(3)  [Section 13 Subsection (3) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 13 Subsection (3) substituted by No. 21 of 1997, s. 10, Applied:01 Aug 1997] The Commission must, as soon as practicable after a State Policy comes into operation, other than a State Policy which comes into operation under section 12 , amend a planning scheme or special planning order to incorporate all those parts of the State Policy which are relevant to it and to remove any inconsistency between it and the State Policy.

(3A)  [Section 13 Subsection (3A) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 13 Subsection (3A) inserted by No. 21 of 1997, s. 10, Applied:01 Aug 1997] The Commission may, after a State Policy comes into operation under section 12 , amend a planning scheme or special planning order to incorporate those parts of the State Policy which are relevant to it and to remove an inconsistency between it and the State Policy.

(3B)  [Section 13 Subsection (3B) inserted by No. 21 of 1997, s. 10, Applied:01 Aug 1997] A State Policy may be implemented by any means available to the Crown.

(4)  The Land Use Planning and Approvals Act 1993 does not apply to an amendment made under subsection (3) .

(5)  Where the Commission amends a planning scheme or an interim order pursuant to  –