Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Before a draft amendment of a planning scheme referred to in section 43A is placed on public exhibition in accordance with section 38 –
(a) the planning authority must determine the application for the permit in accordance with section 43C(1); and
(b) the planning authority must –
(i) grant the permit unconditionally or subject to such conditions or restrictions as the planning authority may impose; or
(ii) notwithstanding section 43C(3), refuse to grant the permit.
(c) . . . . . . . .
(2) Within 7 days of making its decision under subsection (1)(b), the planning authority must forward to the Commission –
(a) a copy of the application for the permit and any documentation submitted with that application; and
(b) a copy of the planning authority's decision under subsection (1)(b) and, if a permit is granted, a copy of the permit.
(3) When the planning authority advertises the exhibition of thedraft amendment in accordance with section 38(b), it must advertise the exhibition of the material referred to in subsection (2).
(4) When the planning authority causes a copy of the draft amendment to be placed on public exhibition in accordance with section 38, it must cause a copy of the material referred to in subsection (2) to be placed on public exhibition with the draft amendment for the same period as the draft amendment is on exhibition.
(5) Where the material referred to in subsection (2) has been placed on public exhibition, any person may make representations to the planning authority in relation to the application for the permit and the planning authority's decision under subsection (1)(b).
(6) When the planning authority forwards to the Commission a report in accordance with section 39(2), it must forward to the Commission –
(a) a copy of each representation received by the planning authority in relation to the application for the permit or the planning authority's decision under subsection (1)(b), or where it has received no such representation, a statement to that effect; and
(b) a statement of its opinion as to the merit of each representation including, in particular, its views as to the need for modification of the planning authority's decision in the light of that representation; and
(c) such recommendations in relation to the planning authority's decision as the planning authority considers necessary.
(7) Where the application for a permit referred to in section 43A has been referred to the Board of the Environment Protection Authority under section 24 or section 25 of the Environmental Management and Pollution Control Act 1994 –
(a) the planning authority must, not later than 7 days after the expiration of the exhibition period referred to in section 38, forward copies of all representations received under subsection (5) to the Board of the Environment Protection Authority; and
(b) the Board of the Environment Protection Authority must, within 28 days of receiving the representations referred to in paragraph (a), provide a report to the Commission containing –
(i) the information specified in subsection (6)(b); and
(ii) such recommendations in relation to the planning authority's decision as the Board considers necessary.