AustLII Tasmanian Consolidated Acts

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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 43H

43H. Review of planning authority's decision referred to in section 43F

      (1) At the same time as the Commission makes its decision to reject or approve the draft amendment, it must –

(a) confirm the decision of the planning authority under section 43F(1) in relation to the permit; or

(b) if the planning authority's decision was to grant a permit –

(i) refuse the permit; or

(ii) modify or delete conditions or restrictions attached to the permit or add new conditions or restrictions to the permit; or

(c) if the planning authority's decision was to reject the permit, grant a permit subject to such conditions or restrictions as the Commission thinks necessary; or

(d) if the Commission's decision is to reject the draft amendment in accordance with section 41(b), refuse the permit.

      (2) When the Commission makes its decision in relation to a permit under subsection (1), the Commission must give notice in writing of its decision to –

(a) the planning authority; and

(b) the applicant for the permit; and

(c) if representations have been made in relation to the permit, to all persons who made such representations; and

(d) if the permit application 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, the Board.



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