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] [Section 35 Substituted by No. 49 of 2001, s. 16, Applied:16 Jul 2001] [Section 35 Subsection (2) amended by No. 100 of 2001, s. 5, Applied:17 Dec 2001] [Section 35 Subsection (3) omitted by No. 100 of 2001, s. 5, Applied:17 Dec 2001] [Section 35 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015]

(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) 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) 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) together with a request under that section for approval to issue a direction under section 35B(4) 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