Land Use Planning and Approvals Act 1993
35KModifications to draft LPS
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35K Modifications to draft LPS
[Section 35K Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
(1) The Commission, after complying with section 35J in relation to a draft LPS in relation to the municipal area of a planning authority, may –
(a) by notice to the planning authority, direct the planning authority to modify the draft LPS in the manner specified in the notice; or
(b) modify the draft LPS itself and notify the planning authority of the Commission's modification; or
(c) [Section 35K Subsection (1) amended by No. 7 of 2021, s. 15, Applied:14 Jul 2021] by notice to the planning authority, reject the draft LPS and direct the planning authority to submit to the Commission a substitute draft LPS within 28 days, or a longer period allowed by the Commission, from the date of the notice.
(2) If a planning authority is directed under subsection (1)(a) to modify a draft LPS –
(a) the planning authority must undertake the modification in accordance with the direction and submit the modified draft LPS to the Commission within 28 days or a longer period allowed by the Commission; and
(b) the Commission may, if it is not satisfied with a modified draft submitted to the Commission under paragraph (a) , issue a further notice under subsection (1) in relation to the draft LPS to which the modifications relate; and
(c) [Section 35K Subsection (2) amended by No. 7 of 2021, s. 15, Applied:14 Jul 2021] the period referred to in section 35L(3) in relation to a draft LPS to which a report under section 35F(1) applies does not run until the modified draft LPS is submitted to the Commission under paragraph (a) .
(d) [Section 35K Subsection (2) amended by No. 7 of 2021, s. 15, Applied:14 Jul 2021] . . . . . . . .