sec.23Making or amending port overlays

### sec.23 Making or amending port overlays After the Minister considers all submissions made in accordance with the public notice, the Minister must decide— to make the proposed port overlay or amendment; or to make the proposed port overlay or amendment with the changes the Minister considers appropriate; or not to make the proposed port overlay or amendment. If the Minister decides to make the proposed port overlay or amendment (with or without changes), the Minister must— publish the decision in a public notice stating— the day the port overlay, or amendment, (the instrument) was made; and where a copy of the instrument is available for inspection and purchase; and for an amendment of a port overlay—a brief description of the amendment; and give each entity mentioned in section 22 (3) a copy of the public notice and the instrument. Subject to subsection (5) , the instrument has effect on— the day after the public notice mentioned in subsection (2) is published in the gazette; or a later day stated in the instrument. Within 14 sitting days after the instrument is made, the Minister must table a copy of the instrument in the Legislative Assembly. The Statutory Instruments Act 1992 , sections 49 (2) , 50 and 51 apply to the instrument as if— the instrument were subordinate legislation; and a reference in section 49 (2) of that Act to section 49 (1) of that Act were a reference to subsection (4) . (sec.23-ssec.1) After the Minister considers all submissions made in accordance with the public notice, the Minister must decide— to make the proposed port overlay or amendment; or to make the proposed port overlay or amendment with the changes the Minister considers appropriate; or not to make the proposed port overlay or amendment. (sec.23-ssec.2) If the Minister decides to make the proposed port overlay or amendment (with or without changes), the Minister must— publish the decision in a public notice stating— the day the port overlay, or amendment, (the instrument) was made; and where a copy of the instrument is available for inspection and purchase; and for an amendment of a port overlay—a brief description of the amendment; and give each entity mentioned in section 22 (3) a copy of the public notice and the instrument. (sec.23-ssec.3) Subject to subsection (5) , the instrument has effect on— the day after the public notice mentioned in subsection (2) is published in the gazette; or a later day stated in the instrument. (sec.23-ssec.4) Within 14 sitting days after the instrument is made, the Minister must table a copy of the instrument in the Legislative Assembly. (sec.23-ssec.5) The Statutory Instruments Act 1992 , sections 49 (2) , 50 and 51 apply to the instrument as if— the instrument were subordinate legislation; and a reference in section 49 (2) of that Act to section 49 (1) of that Act were a reference to subsection (4) . - (a) to make the proposed port overlay or amendment; or - (b) to make the proposed port overlay or amendment with the changes the Minister considers appropriate; or - (c) not to make the proposed port overlay or amendment. - (a) publish the decision in a public notice stating— (i) the day the port overlay, or amendment, (the instrument) was made; and (ii) where a copy of the instrument is available for inspection and purchase; and (iii) for an amendment of a port overlay—a brief description of the amendment; and - (i) the day the port overlay, or amendment, (the instrument) was made; and - (ii) where a copy of the instrument is available for inspection and purchase; and - (iii) for an amendment of a port overlay—a brief description of the amendment; and - (b) give each entity mentioned in section 22 (3) a copy of the public notice and the instrument. - (i) the day the port overlay, or amendment, (the instrument) was made; and - (ii) where a copy of the instrument is available for inspection and purchase; and - (iii) for an amendment of a port overlay—a brief description of the amendment; and - (a) the day after the public notice mentioned in subsection (2) is published in the gazette; or - (b) a later day stated in the instrument. - (a) the instrument were subordinate legislation; and - (b) a reference in section 49 (2) of that Act to section 49 (1) of that Act were a reference to subsection (4) .