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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Historical version for 8 July 2002 to 31 July 2002 (accessed 27 January 2020 at 23:31) Current version
Part 3 Division 2
Division 2 State environmental planning policies
37   Decision or direction to prepare draft State environmental planning policy
(1)  The Director-General may, after consultation with such public authorities as the Director-General determines, prepare a draft State environmental planning policy with respect to such matters as are, in the opinion of the Director-General, of significance for environmental planning for the State, and may submit it to the Minister.
(2)  The Minister may, after consultation with such Ministers as the Minister determines, cause to be prepared by the Director-General for submission to the Minister a draft State environmental planning policy with respect to any matter specified by the Minister, being a matter which is, in the opinion of the Minister, of significance for environmental planning for the State.
38   Format of State environmental planning policies
Subject to this Act and the regulations, the format, structure and subject-matter of a State environmental planning policy or draft State environmental planning policy shall be as determined by the Minister.
39   Making of State environmental planning policies by the Governor
(1)  The Minister may, on the submission to the Minister by the Director-General 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.