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ECONOMIC DEVELOPMENT ACT 2012 - SECT 42J
Approval of planning instrument change
42J Approval of planning instrument change
(1) This section applies if, for a proposed instrument for a planning
instrument change, the notification requirements— (a) have been complied
with; or
(b) do not apply under section 42D .
(2) MEDQ must decide to— (a)
approve the proposed instrument for the planning instrument change; or
(b)
approve the proposed instrument subject to conditions decided by MEDQ; or
(c)
refuse to approve the proposed instrument.
(3) In making the decision under
subsection (2) , MEDQ must consider— (a) the main purpose of this Act; and
(b) for a proposed instrument for a planning instrument change prepared by the
relevant local government to which the notification requirements apply—the
public response report.
(4) If MEDQ decides to approve the proposed
instrument for the planning instrument change under subsection (2) , it must,
by notice to the relevant local government— (a) for a proposed instrument
prepared by MEDQ—make the instrument for the planning instrument change in
compliance with any conditions decided under subsection (2) (b) ; or
(b) for
a proposed instrument prepared by the relevant local government—approve the
instrument for the planning instrument change subject to any conditions
decided under subsection (2) (b) .
(5) If MEDQ approves an instrument for a
planning instrument change prepared by the relevant local government subject
to any conditions decided under subsection (2) (b) , the local government must
amend the instrument to comply with the conditions.
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