sec.286Approval of land use plans

### sec.286 Approval of land use plans The Minister may approve a draft plan prepared under section 285B if the Minister is satisfied that— the land included in the draft plan is used or may be used for a matter or purpose mentioned in section 285 (1) ; and the port authority has taken appropriate account of issues raised in written submissions made to it under section 285C ; and no local government has a substantial objection to the draft plan; and State interests will not be adversely affected by the draft plan; and if the land included in the draft plan is within, or includes, a priority port’s master planned area—the draft plan is consistent with the port overlay for the master planned area. If the Minister is satisfied about subsection (1) (a) , (b) , (d) and (e) but is satisfied that a local government has a substantial objection to the draft plan, the draft plan may only be approved by the Governor in Council. Approval of a land use plan, or an amendment of a land use plan, must be notified in the gazette within 21 days after it is given. The approval takes effect when it is notified in the gazette. Land included in a port authority’s current approved land use plan is its strategic port land . Each port authority must ensure the port authority’s current approved land use plan is published on the port authority’s website on the internet. In this section— master planned area , for a priority port, see the Sustainable Ports Development Act 2015 , section 6 . port overlay , for a priority port’s master planned area, means the port overlay made for the area under the Sustainable Ports Development Act 2015 , part 2 , division 3 . priority port see the Sustainable Ports Development Act 2015 , section 5 . s 286 ins 1994 No. 32 s 5 amd 2005 No. 22 s 13 ; 2015 No. 28 s 53 (sec.286-ssec.1) The Minister may approve a draft plan prepared under section 285B if the Minister is satisfied that— the land included in the draft plan is used or may be used for a matter or purpose mentioned in section 285 (1) ; and the port authority has taken appropriate account of issues raised in written submissions made to it under section 285C ; and no local government has a substantial objection to the draft plan; and State interests will not be adversely affected by the draft plan; and if the land included in the draft plan is within, or includes, a priority port’s master planned area—the draft plan is consistent with the port overlay for the master planned area. (sec.286-ssec.2) If the Minister is satisfied about subsection (1) (a) , (b) , (d) and (e) but is satisfied that a local government has a substantial objection to the draft plan, the draft plan may only be approved by the Governor in Council. (sec.286-ssec.3) Approval of a land use plan, or an amendment of a land use plan, must be notified in the gazette within 21 days after it is given. (sec.286-ssec.4) The approval takes effect when it is notified in the gazette. (sec.286-ssec.5) Land included in a port authority’s current approved land use plan is its strategic port land . (sec.286-ssec.6) Each port authority must ensure the port authority’s current approved land use plan is published on the port authority’s website on the internet. (sec.286-ssec.7) In this section— master planned area , for a priority port, see the Sustainable Ports Development Act 2015 , section 6 . port overlay , for a priority port’s master planned area, means the port overlay made for the area under the Sustainable Ports Development Act 2015 , part 2 , division 3 . priority port see the Sustainable Ports Development Act 2015 , section 5 . - (a) the land included in the draft plan is used or may be used for a matter or purpose mentioned in section 285 (1) ; and - (b) the port authority has taken appropriate account of issues raised in written submissions made to it under section 285C ; and - (c) no local government has a substantial objection to the draft plan; and - (d) State interests will not be adversely affected by the draft plan; and - (e) if the land included in the draft plan is within, or includes, a priority port’s master planned area—the draft plan is consistent with the port overlay for the master planned area.