35HHearings

### 35H Hearings > [*\[Section 35H Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS10@EN) > > > (1)  [*\[Section 35H Subsection (1) amended by No. 36 of 2018, s. 20, Applied:17 Dec 2018\]*](/view/html/inforce/2018-12-17/act-2018-036#GS20@Hpa@EN) As soon as practicable after receiving, in relation to a draft LPS, a report under [section 35F(1)](#GS35F@Gs1@EN) that contains a copy of a representation in relation to the relevant exhibition documents in relation to the draft LPS, the Commission must hold a hearing in relation to the representation. > > > (2)  [*\[Section 35H Subsection (2) amended by No. 36 of 2018, s. 20, Applied:17 Dec 2018\]*](/view/html/inforce/2018-12-17/act-2018-036#GS20@Hpb@EN) [Subsection (1)](#GS35H@Gs1@EN) does not apply in relation to a representation in relation to the relevant exhibition documents in relation to a draft LPS if the Commission decides to dispense with a hearing in relation to the representation because – > > > > > > (a) the Commission is satisfied that all the representations received by the relevant planning authority are in support of the draft LPS; or > > > > > > > (b) the person or body who or that made the representation notifies the Commission that he, she or it does not wish a hearing to be held in relation to the representation; or > > > > > > > (c) the Commission is satisfied that the representation indicates that the draft LPS will require modification for a purpose referred to in [section 40I(2)(b)](#GS40I@Gs2@Hpb@EN) and the Minister has agreed to the modification for that purpose. > > > (3)  The Commission must give at least 14 days' notice, as prescribed, of a hearing to be held under [subsection (1)](#GS35H@Gs1@EN) . > > > (4)  The Commission may consolidate any of the representations and hold a hearing in relation to the consolidated representations. > > > (5)  The Commission may hold together hearings that relate to more than one draft LPS. > > > (6)  The Commission is not to consider, in a hearing in relation to a draft LPS, a matter that, if it were included in a representation, would, in accordance with [section 35E(5)](#GS35E@Gs5@EN) , not be taken to be part of the representation.