LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 40I Exemption from public exhibition
LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 40I
Exemption from public exhibition
(1) The Commission, by notice in writing to a planning authority, may dispense with the requirements of sections 40G , 40H , 40J , 40K , 40L , 40M , 40N , 40O and 40P in relation to a draft amendment of an LPS that has been provided to the Commission under section 40F(4) .(2) The Commission may only issue a notice under subsection (1) in relation to a draft amendment of an LPS if the Commission is satisfied that and if it is satisfied that the public interest will not be prejudiced by the draft amendment not being publicly exhibited.(a) an amendment of the LPS in the form of the draft amendment of the LPS is urgently required and the Minister has approved the issuing of the notice on this ground; or(b) the draft amendment is for one or more of the following purposes:(i) correcting an error in the LPS;(ii) removing an anomaly in the LPS;(iii) clarifying or simplifying the LPS;(iv) removing an inconsistency in the LPS;(v) removing an inconsistency between the LPS and this Act or any other Act;(vi) removing an inconsistency between the LPS and the SPPs;(vii) making a change to a procedure set out in the LPS;(viii) bringing the LPS into conformity with a State Policy;(ix) changing the structure of the provisions of the LPS, or the form of a provision of an LPS, so that the LPS conforms with the structure to which an LPS is required by the SPPs to conform or the form that a provision of an LPS is to take;(x) a prescribed purpose (3) If the Commission issues a notice under subsection (1) in relation to a draft amendment of an LPS that has been provided to the Commission under section 40F(4) , sections 40G , 40H , 40J , 40K , 40L , 40M , 40N , 40O and 40P do not apply in relation to the draft amendment of an LPS.