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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 35A Commission may be required to provide draft LPS

LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 35A

Commission may be required to provide draft LPS

(1)  If a planning authority has failed to submit to the Commission a draft LPS in accordance with a direction under section 35(2) or (5) , the Minister, by notice in writing to the Commission, may issue to the Commission a direction.
(2)  A direction to the Commission under subsection (1) may require that the Commission prepare a draft LPS within the period specified in the direction.
(3)  The Commission, within the period specified in a direction under subsection (1) or a longer period allowed by the Minister, must prepare a draft LPS in accordance with the direction.
(4)  If the Commission has prepared a draft LPS in relation to a municipal area in accordance with a direction under subsection (1) , the Commission must provide to the planning authority in respect of the municipal area –
(a) a copy of the draft LPS; and
(b) a notice stating that the planning authority may, within 14 days, provide to the Commission its comments in relation to the draft.
(5)  A planning authority to which a draft LPS and a notice are provided under subsection (4) may, within 14 days, provide to the Commission the planning authority's comments in relation to the draft LPS.
(6)  The Commission, before submitting to the Minister under section 35B(1) a draft LPS prepared in accordance with a direction under subsection (1) , must consider any comments provided by a planning authority under subsection (5) in relation to the draft LPS.