40BReview of refusal of request to amend LPS

### 40B Review of refusal of request to amend LPS > [*\[Section 40B Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS10@EN) > > > (1)  A person, within 14 days of receiving a notice under [section 38(3)](#GS38@Gs3@EN) that the planning authority has decided not to prepare a draft amendment of an LPS in accordance with the person's request, may request the Commission to determine whether the Commission is satisfied that the planning authority took into account, in making its decision, the matters referred to in [section 38(1)](#GS38@Gs1@EN) . > > > (2)  The Commission may, if it receives a request under [subsection (1)](#GS40B@Gs1@EN) in relation to a decision of a planning authority, by notice in writing to a planning authority, request the planning authority to provide it with any material relevant to the decision. > > > (3)  A planning authority, within 7 days of receiving a request under [subsection (2)](#GS40B@Gs2@EN) , must provide to the Commission the material requested. > > > > Penalty:  Fine not exceeding 100 penalty units. > > > (4)  The Commission, within 28 days after receiving from a planning authority the material requested under [subsection (2)](#GS40B@Gs2@EN) or a longer period allowed by the Minister, must – > > > > > > (a) direct the planning authority to reconsider whether to prepare a draft amendment of an LPS in relation to a request under [section 37(1)](#GS37@Gs1@EN) ; or > > > > > > > (b) determine that, in the opinion of the Commission, the planning authority, in making its decision in relation to a request under [section 37(1)](#GS37@Gs1@EN) , took into account the matters referred to in [section 38(1)](#GS38@Gs1@EN) . > > > (5)  The Commission, within 7 days of making a direction or determination under [subsection (4)](#GS40B@Gs4@EN) , must give notice of the decision to the planning authority and the person who made the request under [subsection (1)](#GS40B@Gs1@EN) to which the direction or determination relates. > > > (6)  A planning authority that is given notice under [subsection (5)](#GS40B@Gs5@EN) of a decision under [subsection (4)](#GS40B@Gs4@EN) to direct the planning authority to reconsider whether to prepare a draft amendment of an LPS – > > > > > > (a) must reconsider whether to prepare a draft amendment of the LPS; and > > > > > > > (b) within 7 days of making a decision whether to prepare a draft amendment of an LPS, must notify of its decision the person who made the request under [subsection (1)](#GS37@Gs1@EN) to which the decision relates. > > > (7)  A period referred to in [section 38(2)](#GS38@Gs2@EN) or [(3)](#GS38@Gs3@EN) or [section 40D(a)](#GS40D@Hpa@EN) does not run in relation to an application under [section 37](#GS37@EN) while the Commission is determining a request under [subsection (1)](#GS40B@Gs1@EN) .