Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Not later than 12 months after making a decision to prepare a draft planning scheme, or the receipt of a direction under section 22(2) or (3), or such longer period as the Commission may allow, the planning authority must cause a copy of the draft planning scheme prepared by it to be submitted to the Commission.
(2) The Commission must, not later than 6 weeks after the submission of a draft planning scheme to it under subsection (1) or such longer period as the Minister may allow, examine the draft and–
(a) if it is suitable for exhibition, certify it accordingly and, by notice in writing given to the planning authority, direct that it be publicly exhibited; or
(b) if it is not suitable for exhibition–
(i) with the agreement of the authority, amend it so that it is so suitable, certify it accordingly and, by notice in writing given to the authority, direct that the draft planning scheme, as amended, be publicly exhibited; or
(ii) by notice in writing given to the authority, specify the respects in which the draft planning scheme is not suitable for exhibition and a period within which a revised draft planning scheme is to be submitted to the Commission.
(3) For the purposes of subsection (2), a draft planning scheme is suitable for exhibition if –
(a) it satisfies the requirements of section 20; or
(b) the Commission, by notice in writing given to the planning authority, directs that the draft planning scheme be publicly exhibited together with a notice from the Commission indicating that its approval of the draft planning scheme will be conditional on issues identified in the notice being dealt with to the satisfaction of the Commission.
(3A) Nothing in subsection (3)(b) limits the Commission's obligations and powers under sections 27 and 28.
(4) Where the Commission gives a notice to a planning authority under subsection (2)(b)(ii), the authority must, within the period specified in the notice or such longer period as the Commission may allow, revise the draft planning scheme and resubmit it to the Commission, and subsections (2) and (3) apply in relation to the revised draft planning scheme as if it had not previously been submitted to the Commission.
(5) Where the Commission does not complete its examination within the period first referred to in subsection (2), the draft planning scheme is deemed to be certified as submitted and the Commission must, by notice in writing given to the planning authority, direct that the draft planning scheme be publicly exhibited.