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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 35H Hearings

LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 35H

Hearings

(1)  As soon as practicable after receiving, in relation to a draft LPS, a report under section 35F(1) that contains a copy of a representation in relation to the relevant exhibition documents in relation to the draft LPS, the Commission must hold a hearing in relation to the representation.
(2)  Subsection (1) does not apply in relation to a representation in relation to the relevant exhibition documents in relation to a draft LPS if the Commission decides to dispense with a hearing in relation to the representation because –
(a) the Commission is satisfied that all the representations received by the relevant planning authority are in support of the draft LPS; or
(b) the person or body who or that made the representation notifies the Commission that he, she or it does not wish a hearing to be held in relation to the representation; or
(c) the Commission is satisfied that the representation indicates that the draft LPS will require modification for a purpose referred to in section 40I(2)(b) and the Minister has agreed to the modification for that purpose.
(3)  The Commission must give at least 14 days' notice, as prescribed, of a hearing to be held under subsection (1) .
(4)  The Commission may consolidate any of the representations and hold a hearing in relation to the consolidated representations.
(5)  The Commission may hold together hearings that relate to more than one draft LPS.
(6)  The Commission is not to consider, in a hearing in relation to a draft LPS, a matter that, if it were included in a representation, would, in accordance with section 35E(5) , not be taken to be part of the representation.