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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 41 Representations

LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 41

Representations

(1)  A person or body may make a representation to the planning authority in relation to the decision under section 40Y(2) in relation to an application for a permit under section 40T(1) .
(2)  A representation in relation to a decision under section 40Y(2) in relation to an application for a permit under section 40T(1) that relates to a draft amendment of an LPS –
(a) is to be made under subsection (1) before the end of the exhibition period in relation to the draft amendment of an LPS; and
(b) is to be made by submitting a copy of the representation to the premises, or to the electronic address, that are specified, in accordance with section 40G(3)(b) , in the exhibition notice in relation to the draft amendment of an LPS.
(3)  If an application for a permit under section 40T(1) has been referred to the Board of the Environment Protection Authority under section 24 or 25 of the Environmental Management and Pollution Control Act 1994 , the planning authority, before 7 days after the end of the exhibition period in relation to the request for an amendment of an LPS to which the application for a permit relates, must provide to the Board copies of the representation received under subsection (1) .
(4)  The Board of the Environment Protection Authority must, within 28 days of receiving under subsection (3) representations, provide a report to the Commission containing –
(a) a statement of its opinion as to the merit of each representation, including, in particular, its views as to the need, in light of that representation, for modification of the planning authority's decision in relation to the application for a permit; and
(b) the recommendations, in respect of the decision in relation to the application for a permit, that the Board thinks fit.