39   Making of State environmental planning policies by the Governor

(1)  The Minister may, on the submission to the Minister by the Director of a draft State environmental planning policy, recommend to the Governor the making of a State environmental planning policy:

(a)  in accordance with that draft State environmental planning policy submitted to the Minister, or

(b)  in accordance with that draft State environmental planning policy with such alterations as the Minister thinks fit,

      or the Minister may decide not to make that recommendation.

(2)  The Minister shall take such steps, if any, as the Minister considers appropriate or necessary to publicise a draft State environmental planning policy and to seek and consider submissions from the public before the Minister makes such a recommendation.

(3)  The Minister may not make such a recommendation except with respect to such matters as are, in his or her opinion, of significance for environmental planning for the State.

(4)  The Governor may make a State environmental planning policy in accordance with a recommendation made under this section.

(5)  A State environmental planning policy shall apply to the State or such part of the State as is described in the policy.