Amendments to the Minister’s Guidelines and Rules – April 2024

Chapter 3, Part 2, section 8.4 and 8.7

Provide the Planning Minister with the statutory power to approve making or amending a TLPI with ministerial conditions, consistent with the major amendment process.

Ensures local government compliance with any Ministerial conditions for a proposed TLPI or TLPI amendment prior to adoption.

Chapter 3, Part 3, section 10.5

Improves the consistency of the MGR process for making or amending a TLPI by clarifying that the statutory timeframes exclude the days during which the process is paused. This is consistent with the requirements for timeframes under Chapter 2 for amending a planning scheme.

Schedule 1, section 2(a)

Clarifies references to section 26 of the Planning Act 2016 (Planning Act), due to the proposed subparagraph (m) in Schedule 1, section 2 which references the proposed section 26A in the Bill. Section 26A provides Ministerial powers to direct local governments to amend planning schemes in certain circumstances, including to reflect a state interest subject to adequate public consultation or to be consistent with a matter in the Planning Regulation.

Schedule 1, section 2(c)

Allow local governments to undertake a minor amendment to reflect requirements in the Planning Regulation, if the local government is satisfied the amendment:

• is consistent with the regulated requirements,   development categorised as accepted or prohibited, development that is not   assessable or an, or part of an, assessment benchmark
• reflects changes to a Ministerial direction given   under the new section 26A of the Bill.

Schedule 1, section 2(j)

Clarifies references to section 26 of the Planning Act, due to the proposed subparagraph (m) in Schedule 1, section 2 which references the proposed section 26A of the Bill for Ministerial direction to local governments.

Schedule 1, section 2(m)

Allows a local government to undertake a minor amendment in response to a Ministerial direction. The proposed section 26A provides Ministerial powers to direct local governments to amend planning schemes in certain circumstances, including to reflect a state interest subject to adequate public consultation or to be consistent with a matter in the Planning Regulation. This implements proposed section 26A of the Bill.

Schedule 3, multiple sections

Ensure local governments provide the relevant spatial data to support a proposed qualified state interest amendment, major amendment, TLPI or TLPI amendment and reflects the expectations of the State and guidance material of a well-made amendment package.

Schedule 4, For a proposed LGIP, LGIP amendment or interim LGIP amendment under Chapter 5 section

The Bill proposes changes to publishing public notices and no longer requiring a local government to publish a public notice in a newspaper. This amendment reflects this change by removing the requirement to publish in a newspaper and instead requires the local government to publish a public notice in a way the local government considers is likely to bring the notice to the attention of the persons likely interested in or affected by the information stated in the notice.

Schedule 5, Public notice about making an LGIP, LGIP amendment or interim LGIP amendment under Chapter 5 section

The Bill proposes changes to publishing public notices and no longer requiring a local government to publish a public notice in a newspaper. This amendment reflects this change by removing the requirement to publish in a newspaper and instead requires the local government to publish a public notice in a way the local government considers is likely to bring the notice to the attention of the persons likely interested in or affected by the information stated in the notice.

Schedule 8, definitions of ‘Department’, ‘Local government’ and ‘State interest review’

Operational improvement to amend the definition of ‘Department’ to ensure future machinery of government changes will not require an amendment to the specific reference of a department name.

Amend the definition of ‘State interest review’ to remove reference to 'the Minister’ to focus on what a State interest review entails rather than whom it is to be undertaken by.

Multiple sections throughout the MGR

Editorial amendment to change all references from ‘a LGIP’ to ‘an LGIP’ to ensure grammatical accuracy and improve readability.