35Draft LPS to be provided to Commission

### 35 Draft LPS to be provided to Commission > [*\[Section 35 Amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-085#JS4@Ja5@GC20@EN) [*\[Section 35 Substituted by No. 49 of 2001, s. 16, Applied:16 Jul 2001\]*](/view/html/inforce/2001-07-16/act-2001-049#GS16@EN) [*\[Section 35 Subsection (2) amended by No. 100 of 2001, s. 5, Applied:17 Dec 2001\]*](/view/html/inforce/2001-12-17/act-2001-100#GS5@Hpa@EN) [*\[Section 35 Subsection (3) omitted by No. 100 of 2001, s. 5, Applied:17 Dec 2001\]*](/view/html/inforce/2001-12-17/act-2001-100#GS5@Hpb@EN) [*\[Section 35 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS10@EN) > > > (1)  A planning authority may prepare and submit to the Commission a draft LPS that applies to the municipal area of the planning authority. > > > (2)  The Minister, by notice in writing to a planning authority, may direct the planning authority to prepare and submit to the Commission a draft LPS that applies to the municipal area of the planning authority. > > > (3)  A direction to a planning authority under [subsection (2)](#GS35@Gs2@EN) in relation to a draft LPS may require that the draft LPS be submitted to the Commission by a date, specified in the direction, that is not less than 42 days after the date on which the direction is given. > > > (4)  A planning authority must submit to the Commission in accordance with a direction under [subsection (2)](#GS35@Gs2@EN) a draft LPS by the date, if any, specified in the direction as the date by which the draft LPS must be submitted or within a longer period allowed by the Minister. > > > (5)  If a planning authority has submitted to the Commission a draft LPS under this section, the Commission must – > > > > > > (a) submit the draft LPS to the Minister under [section 35B(1)](#GS35B@Gs1@EN) together with a request under that section for approval to issue a direction under [section 35B(4)](#GS35B@Gs4@EN) in relation to the draft LPS; or > > > > > > > (b) by notice in writing to the planning authority, direct the authority to prepare and submit to the Commission, within the period specified in the direction, the draft LPS modified in accordance with the direction; or > > > > > > > (c) with the agreement of the planning authority, modify the draft LPS so that the draft LPS meets the LPS criteria. > > > (5A)  [*\[Section 35 Subsection (5A) inserted by No. 7 of 2021, s. 12, Applied:14 Jul 2021\]*](/view/html/inforce/2021-07-14/act-2021-007#GS12@EN) Without limiting the generality of [subsection (5)(b)](#GS35@Gs5@Hpb@EN) , the Commission may give to a planning authority under [subsection (5)(b)](#GS35@Gs5@Hpb@EN) a direction to modify a draft LPS – > > > > > > (a) to include provisions that correspond to provisions that were included, in the planning scheme, within the meaning of [section 10(2)(a)(ii)](#GS10@Gs2@Hpa@Hqii@EN) , that applies in relation to the municipal area, by an amendment, of that planning scheme, that came into effect after the draft LPS was submitted to the Commission under [subsection (1)](#GS35@Gs1@EN) ; or > > > > > > > (b) so that the provisions of the draft LPS, as modified in accordance with the direction, will correspond to the provisions, of the planning scheme, within the meaning of [section 10(2)(a)(ii)](#GS10@Gs2@Hpa@Hqii@EN) , that applies to the municipal area, as that planning scheme is altered by an amendment, of that planning scheme, that is in effect on the day on which the draft LPS is submitted to the Commission under [subsection (1)](#GS35@Gs1@EN) . > > > (5B)  [*\[Section 35 Subsection (5B) inserted by No. 7 of 2021, s. 12, Applied:14 Jul 2021\]*](/view/html/inforce/2021-07-14/act-2021-007#GS12@EN) A direction may not be given under [subsection (5A)](#GS35@Gs5A@EN) unless the provisions to be included in the draft LPS, as so modified, if at all, in accordance with the direction, are provisions of a kind that may be included in a draft LPS prepared under [section 35](#GS35@EN) . > > > (5C)  [*\[Section 35 Subsection (5C) inserted by No. 7 of 2021, s. 12, Applied:14 Jul 2021\]*](/view/html/inforce/2021-07-14/act-2021-007#GS12@EN) A provision that is to be included, in a draft LPS in relation to a municipal area, in accordance with a direction under [subsection (5A)](#GS35@Gs5A@EN) to modify the draft LPS, may be varied so that the provision – > > > > > > (a) will conform to the requirements of the SPPs in relation to the LPS; or > > > > > > > (b) will reflect the terminology used in the SPPs or in the LPS, including, but not limited to including, where the modification relates to the designation of a zone in the planning scheme, by changing the designation of the zone to the zone in the draft LPS that most closely corresponds to the zone in the planning scheme; or > > > > > > > (c) will contain provisions that – > > > > > > > > > > (i) are appropriately numbered; or > > > > > > > > > > > (ii) make correct references to provisions in the draft LPS or in other instruments, including but not limited to the SPPs; or > > > > > > > (d) will achieve the effect intended by the amendment of the planning scheme to which the direction relates. > > > (6)  A planning authority to which a direction under [subsection (5)(b)](#GS35@Gs5@Hpb@EN) is given must prepare and submit to the Commission, within the period specified in the direction or a longer period allowed by the Commission, a draft LPS modified in accordance with the direction. > > > (7)  A planning authority must not prepare and submit a draft LPS to the Commission under this section unless the planning authority is satisfied that the draft LPS meets the LPS criteria.