Document ID: chunk:federal_register_of_legislation:C2025C00131:section:35c
Version: federal_register_of_legislation:C2025C00131
Segment Type: section
Provision Reference: s 35C
Character Range: 69714–71560

35C  Zoning plans must be submitted to Minister

Submission to Minister
 (1) When the Authority has prepared a zoning plan in respect of an area, it must submit to the Minister:
 (a) the plan; and
 (b) if comments have been made in accordance with a notice under section 35B in connection with the plan—those comments, together with the Authority's views on those comments.

Plan may be accepted or referred
 (2) The Minister may:
 (a) accept the plan; or
 (b) refer the plan to the Authority, together with the Minister's suggestions, for further consideration.

Process after plan is referred
 (3) If the plan is referred to the Authority, it must, as soon as practicable after receiving the plan, further consider the plan, having regard to the Minister's suggestions.
 (4) The Authority must then submit the plan again, with or without alterations, to the Minister, together with its views on the Minister's suggestions.
 (5) When the plan is again submitted to the Minister, the Minister must, as soon as practicable after receiving the plan:
 (a) accept the plan; or
 (b) accept the plan after making such alterations as the Minister thinks fit.
 (6) If the Minister alters the plan under subsection (5), the Minister must prepare a report:
 (a) specifying the alterations; and
 (b) setting out any views expressed by the Authority in respect of the matters to which the alterations relate.
 (7) The report must accompany the plan when it is laid before both Houses of the Parliament under section 38 of the Legislation Act 2003.

Matters to which Minister must have regard
 (8) In deciding whether to accept a zoning plan under this section, the Minister must have regard to the obligations of Australia under international law, including obligations under any agreement or arrangement between Australia and another country or countries.