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Land Use Planning and Approvals Act 1993
35ERepresentations
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### 35E Representations
> [*\[Section 35E Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS10@EN)
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> > (1) [*\[Section 35E Subsection (1) amended by No. 36 of 2018, s. 17, Applied:17 Dec 2018\]*](/view/html/inforce/2018-12-17/act-2018-036#GS17@Hpa@EN) A person or body may make to a planning authority a representation in relation to the relevant exhibition documents in relation to a draft LPS (apart from the documents referred to in [paragraph (b)](#GS31@Nd248201554538@Hpb@EN) of the [definition of ***relevant exhibition documents***](#GS31@Nd248201554538@EN) in [section 31](#GS31@EN) ) that are made available by the planning authority for viewing by the public at exhibition premises in accordance with [section 35D(1)(a)](#GS35D@Gs1@Hpa@EN) .
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> > (2) [*\[Section 35E Subsection (2) amended by No. 36 of 2018, s. 17, Applied:17 Dec 2018\]*](/view/html/inforce/2018-12-17/act-2018-036#GS17@Hpb@EN) A representation in relation to the relevant exhibition documents in relation to a draft LPS –
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> > > > (a) is to be made under [subsection (1)](#GS35E@Gs1@EN) within the exhibition period in relation to the draft LPS; and
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> > > > (b) must be made by submitting the representation to the premises, or to the electronic address, that are specified, in accordance with [section 35C(4)(b)](#GS35C@Gs4@Hpb@EN) , in the exhibition notice in relation to the draft LPS.
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> > (3) [*\[Section 35E Subsection (3) amended by No. 7 of 2021, s. 14, Applied:14 Jul 2021\]*](/view/html/inforce/2021-07-14/act-2021-007#GS14@Hpa@EN) [*\[Section 35E Subsection (3) amended by No. 36 of 2018, s. 17, Applied:17 Dec 2018\]*](/view/html/inforce/2018-12-17/act-2018-036#GS17@Hpc@EN) Without limiting the generality of [subsection (1)](#GS35E@Gs1@EN) but subject to [subsection (3A)](#GS35E@Gs3A@EN) , a person or body may make in relation to the relevant exhibition documents in relation to a draft LPS a representation as to whether –
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> > > > (a) a provision of the draft LPS is inconsistent with a provision of the SPPs; or
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> > > > (b) the draft LPS should, or should not, apply a provision of the SPPs to an area of land; or
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> > > > (c) the draft LPS should, or should not, contain a provision that an LPS is permitted under [section 32](#GS32@EN) to contain.
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> > (3A) [*\[Section 35E Subsection (3A) inserted by No. 7 of 2021, s. 14, Applied:14 Jul 2021\]*](/view/html/inforce/2021-07-14/act-2021-007#GS14@Hpb@EN) A representation in relation to the relevant exhibition documents that relate to a draft LPS may not be made in relation to a provision included in the draft LPS in accordance with a direction referred to in [section 35(5A)](#GS35@Gs5A@EN) .
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> > (4) [*\[Section 35E Subsection (4) amended by No. 36 of 2018, s. 17, Applied:17 Dec 2018\]*](/view/html/inforce/2018-12-17/act-2018-036#GS17@Hpd@EN) A representation in relation to the relevant exhibition documents in relation to a draft LPS must not be a representation to the effect that the content of a provision of the SPPs should be altered.
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> > (5) [*\[Section 35E Subsection (5) amended by No. 36 of 2018, s. 17, Applied:17 Dec 2018\]*](/view/html/inforce/2018-12-17/act-2018-036#GS17@Hpe@EN) For the purposes of this Part, any matter, contained in a representation under [subsection (1)](#GS35E@Gs1@EN) in relation to the relevant exhibition documents in relation to a draft LPS, that –
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> > > > (a) does not relate to the contents or merits of the draft; or
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> > > > (b) is not a matter to which [subsection (3)](#GS35E@Gs3@EN) relates; or
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> > > > (c) is a representation to which [subsection (4)](#GS35E@Gs4@EN) relates –
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> > is not to be taken to be part of the representation.