35PConduct of review

### 35P Conduct of review > [*\[Section 35P Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS10@EN) > > > (1)  If a planning authority or the Commission must, as required by [section 35O(1)](#GS35O@Gs1@EN) or [(2)](#GS35O@Gs2@EN) or by a notice under [section 35O(4)](#GS35O@Gs4@EN) , conduct a review of an LPS or a part of an LPS, the planning authority or the Commission, respectively – > > > > > > (a) must publish notice, in a newspaper published in, and circulating generally in, Tasmania, that – > > > > > > > > > > (i) a review of an LPS or a part of an LPS is to be conducted; and > > > > > > > > > > > (ii) specifying the matters to which the review relates; and > > > > > > > > > > > (iii) inviting all persons and bodies to provide to the planning authority, or the Commission, respectively, comments, in relation to the matters to which the review relates, within the period of not less than 21 days, specified in the notice; and > > > > > > > (b) for a period specified, in accordance with [paragraph (a)(iii)](#GS35P@Gs1@Hpa@Hqiii@EN) in the notice, must receive comments from persons and bodies in relation to the matters to which the review relates; and > > > > > > > (c) must consider the matters to which the review relates; and > > > > > > > (d) after taking into account public comments received within the period referred to in [paragraph (a)(iii)](#GS35P@Gs1@Hpa@Hqiii@EN) , must prepare a report in relation to the review; and > > > > > > > (e) in the case – > > > > > > > > > > (i) of the planning authority – must provide the report to the Commission within 90 days after beginning the review or a longer period allowed by the Commission; or > > > > > > > > > > > (ii) of the Commission – must provide the report to the Minister within 90 days after beginning the review or a longer period allowed by the Minister. > > > (2)  For the purposes of this section, the matters to which a review relates are – > > > > > > (a) if the review is required under [section 35O(1)](#GS35O@Gs1@EN) or [(2)](#GS35O@Gs2@EN) , all the purposes of a review specified in [section 35N](#GS35N@EN) ; or > > > > > > > (b) if the review is pursuant to a direction in a notice under [section 35O(4)](#GS35O@Gs4@EN) , the purposes, specified in [section 35N](#GS35N@EN) , that are specified in the notice. > > > (3)  A report by a planning authority or the Commission for the purposes of [subsection (1)(d)](#GS35P@Gs1@Hpd@EN) in relation to the review of an LPS, or a part of an LPS, is to contain – > > > > > > (a) the details and conclusions of the review of the LPS, or the part of an LPS, in relation to the matters to which the review relates; and > > > > > > > (b) a statement of the opinion of the planning authority, or the Commission, as the case may be, as to whether the LPS requires amendment*,* needs to be replaced with another LPS, or can continue without amendment. > > > (4)  If the Commission is satisfied that a report prepared by a planning authority under [subsection (1)](#GS35P@Gs1@EN) has not been prepared in accordance with the requirements of this section, the Commission must, by notice to the planning authority, direct the planning authority to revise the report and provide the revised report to the Commission within 60 days or a longer period allowed by the Commission. > > > (5)  A planning authority must provide to the Commission a report in accordance with a notice under [subsection (4)](#GS35P@Gs4@EN) . > > > (6)  [Subsection (5)](#GS35P@Gs5@EN) does not apply if a planning authority hasprepared a draft LPS under [section 35](#GS35@EN) that, if a Local Provisions Schedule were approved under [section 35L(1)](#GS35L@Gs1@EN) in the terms of the draft LPS, would replace the LPS required to be reviewed. > > > (7)  If a planning authority fails to comply with a requirement or a notice under this Division – > > > > > > (a) the Commission may assume the responsibilities and obligations of the planning authority under this Division; and > > > > > > > (b) the planning authority must pay to the Commission all costs incurred by the Commission in assuming the responsibilities and obligations of the authority under this Division. > > > (8)  The Commission must, as soon as practicable after receiving under this section a report in relation to a review that it is satisfied has been prepared in accordance with the requirements of this section, give to the Minister its recommendations in relation to the review.