Legislation – Planning and Infrastructure Act 2025

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Part 1Infrastructure

Chapter 1Nationally significant infrastructure projects

2National policy statements: parliamentary requirements

(1)

Part 2 of the Planning Act 2008 (national policy statements) is amended as set out in subsections (2) and (3).

(2)

In section 6 (review)—

(a)

in subsection (7)(b)(i), omit “under section 9(8)”;

(b)

in subsection (7A), omit “under section 9(8)”;

(c)

after subsection (9) insert—

“(10)

In subsections (7)(b)(i) and (7A), references to an amendment being laid before Parliament are references to—

(a)

in the case of an amendment that is, or is included in, a proposal to which subsections (4) to (8) of section 9 do not apply (see section 9(8A)), the amendment being laid under section 9(2);

(b)

in any other case, the amendment being laid under section 9(8).”

(3)

In section 9 (parliamentary requirements)—

(a)

after subsection (8) insert—

“(8A)

Subsections (4) to (8) do not apply in relation to the proposal if it—

(a)

is an amendment within subsection (11), or

(b)

consists only of amendments within that subsection.”;

(b)

in subsection (9)—

(i)

for “subsection (8)”, in each place, substitute “the laying requirement”;

(ii)

in paragraph (b), after “5(4)(a)” insert “or 6(7)(a)”;

(c)

in subsection (10), for “subsection (8)” substitute “the laying requirement”;

(d)

after subsection (10) insert—

“(11)

An amendment is within this subsection if it is an amendment proposed to a national policy statement in order to reflect—

(a)

published Government policy that is relevant to development of a description to which the statement relates,

(b)

the amendment, revocation or repeal of legislation referred to in the statement, or the amendment, revocation, repeal or coming into force of legislation relevant to development of a description to which the statement relates,

(c)

a change (not within paragraph (a) or (b)) to a published document referred to in the statement, or

(d)

a decision of a court in proceedings referred to in section 13 or 118, or other proceedings, so far as relevant to the interpretation of the statement or legislation referred to in the statement.

(12)

In subsection (11), “legislation” means an Act or an instrument made under an Act.

(13)

In this section, “the laying requirement” means—

(a)

if the proposal is one to which subsections (4) to (8) do not apply, subsection (2);

(b)

otherwise, subsection (8).”

(4)

The amendments made by this section apply in relation to amendments proposed to be made to a national policy statement that arise from a review of the statement completed or begun before (as well as after) the date on which this section comes into force.