Document ID: chunk:federal_register_of_legislation:C2008A00125:clause:3_35e
Version: federal_register_of_legislation:C2008A00125
Segment Type: clause
Provision Reference: sch 3 cl 35E
Character Range: 28527–30240

35E  Disallowance of zoning plans

 (1) If notice of a motion to disallow a zoning plan is given in a House of the Parliament within 15 sitting days of that House after a copy of the plan was laid before that House, the House may, within 15 sitting days of that House after the giving of that notice, pass a resolution, in pursuance of the motion, disallowing the plan.

Note: A zoning plan is a legislative instrument (see section 35D) and must be laid before each House of the Parliament under section 38 of the Legislative Instruments Act 2003.

 (2) If:
 (a) notice of a motion to disallow a zoning plan is given in a House of the Parliament within 15 sitting days of that House after a copy of the plan was laid before that House; and
 (b) before the end of 15 sitting days of that House after the giving of that notice of motion, the House of Representatives is dissolved or expires, or the Parliament is prorogued; and
 (c) at the time of the dissolution, expiry or prorogation, as the case may be:
 (i) the notice has not been withdrawn and the motion has not been called on; or
 (ii) the motion has been called on, moved and (where relevant) seconded and has not been withdrawn or otherwise disposed of;
the plan is taken, for the purposes of this section, to have been laid before the first‑mentioned House on the first sitting day of that first‑mentioned House after the dissolution, expiry or prorogation, as the case may be.

 (3) If either House of the Parliament passes a resolution in accordance with subsection (1) disallowing a zoning plan:
 (a) the Minister must direct the Authority to prepare a fresh plan; and
 (b) the Authority must prepare a fresh plan in accordance with this Division.