35HHearings

35H Hearings

[Section 35H Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]

(1)  [Section 35H Subsection (1) amended by No. 36 of 2018, s. 20, Applied:17 Dec 2018] As soon as practicable after receiving, in relation to a draft LPS, a report under section 35F(1) 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] Subsection (1) 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) 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) .

(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) , not be taken to be part of the representation.