AustLII Tasmanian Consolidated Acts

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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 30NA

Subdivision 3A - Minor amendments of the SPPs Preparation of minor amendments of the SPPs

(1)  For the purposes of this section, a draft amendment of the SPPs meets the criteria for minor amendments of the SPPs if –
(a) the amendment is for one or more of the following purposes:
(i) correcting a clerical mistake, an error arising from any accidental slip or omission, an evident miscalculation of figures, or an evident material mistake, in a provision of the SPPs;
(ii) removing an anomaly in the SPPs;
(iii) clarifying or simplifying the SPPs;
(iv) removing an inconsistency in the SPPs;
(v) removing an inconsistency between the SPPs and this Act or any other Act;
(vi) bringing the SPPs into conformity with a State Policy;
(vii) bringing the SPPs into conformity with a planning directive which the Minister has, under section 30BA , determined should be reflected in the SPPs;
(viii) changing provisions of the SPPs that indicate or specify the structure to which an LPS is to conform or the form that a provision of an LPS is to take;
(ix) a prescribed purpose; and
(b) the public interest will not be prejudiced by Subdivision 3 not applying to the draft amendment of the SPPs.
(2)  The Minister, after having prepared under section 30D(1) a draft amendment of the SPPs that is in accordance with terms of reference in relation to which notice has been given under section 30C(2)  –
(a) must, if the draft amendment contains amendments for the purposes of subsection (1)(a)(iii), (vi), (vii), (viii) or (ix), consult with –
(i) the planning authorities; and
(ii) the State Service Agencies, and any State authority, that the Minister thinks fit; and
(b) may, if the draft amendment contains amendments for the purposes of subsection (1)(a)(i), (ii), (iv) or (v), consult with –
(i) the planning authorities; and
(ii) the State Service Agencies, and any State authority, that the Minister thinks fit.
(3)  The Minister, after having prepared under section 30D(1) a draft amendment of the SPPs that is in accordance with terms of reference in relation to which notice has been given under section 30C(2) , must, by notice in writing to the Commission, request the Commission to advise the Minister, by a day specified in the notice, as to whether the Commission is of the opinion that the draft amendment of the SPPs meets the criteria for minor amendments of the SPPs.
(4)  The Commission must, before the day specified in a notice under subsection (3) in relation to a draft amendment of the SPPs, or a longer period allowed by the Minister, advise the Minister –
(a) that the Commission is of the opinion that the draft amendment of the SPPs meets the criteria for minor amendments of the SPPs; or
(b) that the Commission is of the opinion that the draft amendment of the SPPs does not meet the criteria for minor amendments of the SPPs –
and provide to the Minister the Commission’s reasons for being of that opinion.
(5)  The Minister, after considering all advice and reasons provided in the course of consultation under subsections (2) and (4) in relation to a draft amendment of the SPPs, may determine that –
(a) the draft amendment of the SPPs, modified, if at all, as the Minister thinks fit, meets the criteria for minor amendments of the SPPs; or
(b) the draft amendment of the SPPs does not meet the criteria for minor amendments of the SPPs.
(6)  If –
(a) the Minister makes a determination under subsection (5)(a) in relation to a draft amendment of the SPPs; and
(b) the Minister is satisfied that the amendment of the SPPs meets the SPPs criteria –
the Minister may make an amendment of the SPPs in the terms of the draft amendment of the SPPs, without publicly exhibiting the draft in accordance with Subdivision 3 .
(7)  As soon as practicable after the Minister makes a determination under subsection (5) in relation to a draft amendment of the SPPs –
(a) the Commission must place on the Commission’s principal website –
(i) a copy of the advice provided under subsection (4) in relation to the draft amendment of the SPPs; and
(ii) the Commission’s reasons for giving that advice; and
(b) the Minister must place on a website of the Department a copy of the Minister’s reasons for making the determination.


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