New South Wales Consolidated Acts New South Wales Consolidated Acts(cf previous s 56)
(1) After preparing a planning proposal, the planning proposal authority may forward it to the Minister.
(2) After a review of the planning proposal, the Minister is to determine the following--(a) whether the matter should proceed (with or without variation),(b) whether the matter should be resubmitted for any reason (including for further studies or other information, or for the revision of the planning proposal),(c) the minimum period of public exhibition of the planning proposal (or a determination that no such public exhibition is required because of the minor nature of the proposal),Note : Under Schedule 1, the mandatory period of public exhibition is 28 days if a determination is not made under paragraph (c).(d) any consultation required with State or Commonwealth public authorities that will or may be adversely affected by the proposed instrument,(e) whether a public hearing is to be held into the matter by the Independent Planning Commission or other specified person or body,(f) the times within which the various stages of the procedure for the making of the proposed instrument are to be completed,(g) if the planning proposal authority is a council--whether the council is authorised to make the proposed instrument and any conditions the council is required to comply with before the instrument is made.
(3) A determination of the community consultation requirements includes a determination under section 3.22 (or other provision of this Act) that the matter does not require community consultation.
(4) The regulations may provide for the categorisation of planning proposals for the purposes of this section, and may prescribe standard community consultation requirements for each such category.
(5) The Minister may arrange for the review of a planning proposal (or part of a planning proposal) under this section to be conducted by, or with the assistance of, the Independent Planning Commission or a Sydney district or regional planning panel--(a) if there has been any delay in the matter being finalised, or(b) if for any other reason the Minister considers it appropriate to do so.
(6) The planning proposal authority may, at any time, forward a revised planning proposal to the Minister.
(7) The Minister may, at any time, alter a determination made under this section.
(8) A failure to comply with a requirement of a determination under this section in relation to a proposed instrument does not prevent the instrument from being made or invalidate the instrument once it is made. However, if community consultation is required under Schedule 1, the instrument is not to be made unless the community has been given an opportunity to make submissions and the submissions have been considered under that Schedule.