LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 35K Modifications to draft LPS
LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 35K
Modifications to draft LPS
(1) The Commission, after complying with section 35J in relation to a draft LPS in relation to the municipal area of a planning authority, may (a) by notice to the planning authority, direct the planning authority to modify the draft LPS in the manner specified in the notice; or(b) modify the draft LPS itself and notify the planning authority of the Commission's modification; or(c) by notice to the planning authority, reject the draft LPS and direct the planning authority to submit to the Commission a substitute draft LPS within 28 days, or a longer period allowed by the Commission, from the date of the notice.(2) If a planning authority is directed under subsection (1)(a) to modify a draft LPS (a) the planning authority must undertake the modification in accordance with the direction and submit the modified draft LPS to the Commission within 28 days or a longer period allowed by the Commission; and(b) the Commission may, if it is not satisfied with a modified draft submitted to the Commission under paragraph (a) , issue a further notice under subsection (1) in relation to the draft LPS to which the modifications relate; and(c) the period referred to in section 35L(3) in relation to a draft LPS to which a report under section 35F(1) applies does not run until the modified draft LPS is submitted to the Commission under paragraph (a) .(d) . . . . . . . .(3) If the Commission issues under subsection (1)(c) a direction, in relation to a draft LPS ( the original draft LPS ), requiring a planning authority to submit to the Commission a substitute draft LPS (a) the direction is taken to be a direction of the Minister under section 35(2) to submit to the Commission a draft LPS; and(b) this Division ceases to apply to the original draft LPS.(4) . . . . . . . .