Tasmanian Greens MPs

Amendment

Page 13, proposed new section 39G, subsection (3).

Leave outthe subsection.

Insert insteadthe following subsections:

(3) If the Board intends to make a request to the Minister under subsection (1), the Board must give to the relevant planning scheme planning authority, and the owners and occupiers of each area of land, any part of which adjoins the site, a notice-

(a) specifying that the Board intends to make a request to the Minister under subsection (1); and

(b) including a copy of the draft, of the proposed amendments to the planning scheme, that it intends to attach to the request under subsection(1); and

(c) inviting the authority, owners and occupiers to make, under subsection (3A), within 21 days, representations in relation to the intended request and the draft referred to in paragraph (b).

(3A) The relevant planning scheme planning authority and those owners and occupiers to whom a notice has been given under subsection (3) may, within 21 days, make representations to the Board in relation to the request, and the copy of the draft, included in the notice in accordance with subsection (3)(b).

(3B) Without limiting the generality of subsection (3A), a representation made under that subsection by the relevant planning scheme planning authority may include-

(a) a statement that the authority does not support the proposed request or draft; and

(b) a statement of the amendments that would need to be made to the request and the draft in order for the authority to support them.

(3C) If one or more representations have been made under subsection (3A) in relation to a request and a draft of amendments, the Board must, after the last day on which a representation may be made under that subsection-

(a) consider the representations; and

(b) determine whether or not to amend the proposed request and the draft of the amendments so as to take into account any of the representations.

(3D)If the Board determines under subsection (3C)(b) to amend the proposed request and the draft of the amendments so as to take into account a representation made under subsection (3A)-

(a) the Board may amend the proposed request and the draft of the amendments so as to take into account the representation; and

(b) the Board may submit to the Minister under subsection (1) the request, as so amended, and the draft of the amendments, as so amended; and

(c) subsection (3) does not apply in relation to the request and the draft of the amendments.

Page 15, proposed new section 39H, after subsection (2).

Insertthe following subsections:

(2A) After preparing under subsection (1) proposed amendments to the relevant planning scheme and before complying with subsection (3), the Minister must provide to the relevant planning scheme planning authority a notice-

(a) containing a copy of the proposed amendments to the relevant planning scheme; and

(b) requesting the authority to give to the Minister, within 14 days, a notice under subsection (2B) in relation to the proposed amendments; and

(c) specifying that, if the authority does not give to the Minister a notice under subsection (2B)(a) or (c), the authority may, within 28 days after receiving the notice from the Minister, make representations in relation to the proposed amendments.

(2B) The relevant planning scheme planning authority must, within 14 days after receiving a notice under subsection (2A) in relation to the proposed amendments, give to the Minister-

(a) a notice specifying that the authority intends to seek representations from the public in relation to the proposed amendments; or

(b) a notice specifying that the authority does not intend to seek representations from the public in relation to the proposed amendments; or

(c) a notice specifying-

(i) why the authority does not support the proposed amendments; and

(ii) a statement of the amendments that would need to be made to the proposed amendments in order for the authority to support them.

(2C) If the relevant planning scheme planning authority gives to the Minister a notice under subsection (2B)(b), the authority may, within 28 days after receiving the notice from the Minister, make representations to the Minister in relation to the proposed amendments.

(2D) If the relevant planning scheme planning authority gives to the Minister a notice under subsection (2B)(a), the planning authority must-

(a) within 14 days, cause a consultation notice in accordance with subsection (2E) to be published in a newspaper published in, and circulating generally in, the State; and

(b) cause a copy of the proposed amendments to be made available for viewing by the public at the offices of the authority and at an electronic address of the authority.

(2E) A consultation notice in relation to proposed amendments is to-

(a) invite persons and bodies to make, within 28 days after a date, specified in the notice, that is after the date on which the notice is published under subsection (2D), representations, to the relevant planning scheme planning authority, in relation to the proposed amendments; and

(b) specify the address of the offices of the authority, and the electronic address of the authority, at which the proposed amendments are available for viewing; and

(c) specify the address, and an electronic address, at which any representations under subsection (2F) may be lodged.

(2F) A person or body (other than the relevant planning scheme planning authority) may, if a notice has been published under subsection (2D)(a) in relation to the proposed amendments, make to the relevant planning scheme planning authority, within 28 days after the notice is published, representations in relation to the proposed amendments by lodging them at an address specified in the notice.

(2G) If the Minister receives a notice under subsection (2B)(c) in relation to the proposed amendments-

(a) the Minister must provide a copy of the notice to the Board; and

(b) the Minister must notify the Board that, if the Board does not take action under subsection (2H) in relation to the request to which the proposed amendments relate, the request will be taken to have never been made; and

(c) if the Board does not provide to the Minister an amended request and amended draft under subsection (2H) within 21 days or a longer period allowed by the Minister, the request under subsection (1) is to be taken to have never been made; and

(d) if the Board provides to the Minister an amended request and amended draft under subsection (2H)-

(i) the request and draft of the proposed amendments are to be taken to be the first request and draft prepared under section 39G(1); and

(ii) the requirements of section 39G are to be taken to have been satisfied in relation to the request and the draft of the proposed amendments; and

(iii) subsection (1) applies in relation to the request and the draft of the proposed amendments.

(2H) If the Board receives a notice from the Minister under subsection (2G)(b) in relation to a request and the draft of the proposed amendments prepared by the Board under section 39G to which the request relates, the Board may, within 21 days, or a longer period allowed by the Minister, provide to the Minister a copy of the request, and the draft, that the Board has amended in accordance with the statement set out in the notice under subsection (2B)(c) in relation to the proposed amendments.

Page 16, proposed new section 39H, subsection (3), before "and before".

Insert "and receiving from the relevant planning scheme planning authority a notice under subsection (2B)".

Same page, same proposed section, same subsection, paragraph (b).

Leave out the paragraph.

Same page, same proposed section, subsection (4).

Leave out the proposed subsection.

Insert instead the following subsection:

(4) A notice for the purposes of subsection (3) in relation to proposed amendments is to invite the persons or bodies to whom the notice is provided to make to the Minister, within 28 days, representations in relation to the proposed amendments.

Same page, same proposed section, subsection (5).

Leave outthe proposed subsection.

Insert insteadthe following subsections:

(5) A person or body to which a notice under subsection (3) has been provided may make to the Minister, within 28 days after the notice is provided, representations in relation to the proposed amendments.

(6) If a notice has been published under subsection (2D)(a) in relation to the proposed amendments, the relevant planning scheme authority must, within 21 days after the last day on which a representation may be made under subsection (2F) in relation to the proposed amendments, provide to the Minister-

(a) a copy of all representations received by the authority in relation to the proposed amendments; and

(b) a copy of the authority's opinion in relation to the representations; and

(c) a copy of any representations the authority wishes to make in relation to the proposed amendments.

(7) The Minister must, within 21 days after either the last day on which a representation may be made under subsection (5) or, in a case to which subsection (6) applies, the day on which the Minister receives copies of representations under subsection (6), whichever is the later day, provide to the Commission-

(a)a copy of the proposed amendments; and

(b)if the Minister is considering approving under section 39I(1) a copy of the proposed amendments in the form of the proposed amendments altered as the Minister thinks fit- a copy of the proposed amendments as so altered; and

(c)a copy of all the representations made in relation to the proposed amendments; and

(d)a notice requesting the Commission to provide to the Minister a notice under subsection (8) in relation to the proposed amendments and the proposed amendments, if any, provided to the Commission under paragraph (b).

(8) The Commission, within 21 days after receiving a notice from the Minister under subsection (7)(d), may, by notice to the Minister-

(a) advise the Minister that, in the opinion of the Commission, the requirements of section 39G(4)(b)(i), (ii) and (iii) have been-

(i) satisfied in relation to the draft of the proposed amendments to the relevant planning scheme; or

(ii) if a copy of the proposed amendments is provided to the Commission under subsection (7)(b)- satisfied in relation to those proposed amendments; or

(b) provide to the Minister the amendments that, in the opinion of the Commission, are required to be made-

(i) to the draft of the proposed amendments to the relevant planning scheme; or

(ii) if a copy of the proposed amendments is provided to the Commission under subsection (7)(b)- to those proposed amendments-

in order for the requirements specified in section 39G(4)(b)(i), (ii) and (iii) to be satisfied in relation to the proposed amendments, and the reasons why the Commission is of that opinion.

Page 17, proposed new section 39I, subsection (1).

Leave out"section 39H(5)".

Insert instead"section 39H(2C), (5) or (6)(c) and after altering the proposed amendments in accordance with the amendments, if any, of the Commission provided to the Minister under section39H(8)(b)".