• Specific Year
    Any

LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 35I Withdrawal of draft LPS

LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 35I

Withdrawal of draft LPS

(1)  A planning authority may apply to the Commission for approval to withdraw a draft LPS prepared by the planning authority.
(2)  An application may only be made under subsection (1) in relation to a draft LPS if –
(a) a report, in relation to the draft LPS, has not been provided to the Commission under section 35F(1) ; and
(b) the planning authority proposes to prepare a further draft LPS, or a Special LPS, for an area the same as, or greater than, the area to which the draft LPS that is to be withdrawn relates.
(3)  After considering an application under subsection (1) in relation to a draft LPS, the Commission, with the approval of the Minister, may –
(a) approve the withdrawal of the draft LPS; or
(b) refuse to approve the withdrawal of the draft LPS.
(4)  The Commission is to notify the planning authority that made an application under subsection (1) of a decision under subsection (3) in relation to the application.
(5)  A draft LPS is withdrawn 7 days after the day on which an approval is given under subsection (3) to the withdrawal of the draft LPS.
(6)  A planning authority, by notice published in a daily newspaper that is published in Tasmania and circulates generally in the area to which a draft LPS that is withdrawn relates, must give notice –
(a) that the draft LPS is withdrawn; and
(b) of the date on which the withdrawal takes or took effect.