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The Planning Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 2000, c. 36

THE PLANNING AMENDMENT ACT


 

(Assented to August 18, 2000)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. P80 amended

1         The Planning Act is amended by this Act.

2(1)       The following centred heading is added before subsection 53(1):

Application for Conditional Use

2(2)      The following is added after subsection 53(1):

Applications Relating to Livestock Operation

Minister to receive copy of application

53(1.1)   Council shall ensure that when an application referred to in subsection 53.1(1) (livestock operation) is received, a copy of the application and accompanying material is immediately sent to the minister.

Notice of Hearing

2(3)      Subsection 53(2) is amended

(a) by repealing the section heading and substituting "Council to fix hearing date and give notice"; and

(b) in the part before clause (a), by adding "other than an application that is subject to section 53.1 (livestock operation)" after "conditional use".

2(4)      The following centred heading is added before subsection 53(5):

Hearing

2(5)      The following centred heading is added before subsection 53(7):

Council's Decision

2(6)      Subsection 53(10) is renumbered as subsection 53(5.1).

2(7)      Subsection 53(11) is amended

(a) by repealing the section heading and substituting "Notice of decision"; and

(b) by striking out "and" at the end of clause (a), by adding "and" at the end of clause (b) and by adding the following after clause (b):

(c) in the case of an application under subsection (1.1) (livestock operation), sent to the minister.

3         The following is added after section 53:

Livestock Operations

Application re livestock operation

53.1(1)   This section applies to an application for a conditional use that relates to the production of livestock in the amount of 400 or more animal units, as defined under The Environment Act.

Subsections 53(3) to (13) apply

53.1(2)   Subsections 53(3) to (13) apply to an application referred to in subsection (1), subject to this section.

Hearing Date

Council to fix date after T.R.C. report received

53.1(3)   The date fixed by council for a hearing respecting an application under subsection (1) shall be no sooner than 30 days after council receives the report and recommendations of the Technical Review Committee under subsection (7).

Notice

Council to give notice of hearing

53.1(4)   Council shall

(a) at least 14 days before the date of hearing,

(i) send a notice of the hearing to the applicant, and

(ii) publish the notice in one issue of a newspaper or other publication with a general circulation in the municipality or, when no publication is available, post the notice in the municipal office and at least two other public places; and

(b) at least 14 days before the date of hearing, send a notice of the hearing to owners of property shown on the assessment roll as being within two kilometres of the property in respect of which the application is being made or, where the affected property is not remote or inaccessible, post the notice on the affected property in accordance with subsection 53(3).

Notice to include availability of T.R.C. report

53.1(5)   The notice of hearing must include notice that the report and recommendations of the technical review committee are available for inspection and copying at the municipal office.

Technical Review Committees

Appointment of Technical Review Committees

53.1(6)   The minister may appoint a committee, to be known as the Technical Review Committee, for each region of the province, as the minister considers appropriate.

Minister to refer application to regional T.R.C.

53.1(7)   On receipt of an application under subsection (1.1) (livestock operation), the minister shall refer it to the appropriate Technical Review Committee to prepare a report and make recommendations to the council in respect of the proposed conditional use.

Committee may require additional material

53.1(8)   A Technical Review Committee may require an applicant for a conditional use to provide material in addition to the material required by the council under subsection 53(1).

Report to be made available at municipal office

53.1(9)   Council shall make the report and recommendations of the technical review committee available for inspection and copying at the municipal office.

No development until all approvals obtained

53.1(10)  No development shall take place in respect of an application that is subject to this section until

(a) council approves the application under clause 53(7)(b) and the applicant complies, or agrees to comply, with any condition prescribed by council under subsection 53(8); and

(b) the applicant obtains every approval, including any permit or licence, required under an Act, regulation or by-law in respect of the proposed conditional use, and complies with, or agrees to comply with, any condition attached to an approval.

Coming into force

4         This Act comes into force on the day it receives royal assent.