40IExemption from public exhibition

40I Exemption from public exhibition

[Section 40I Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]

(1)  The Commission, by notice in writing to a planning authority, may dispense with the requirements of sections 40G , 40H , 40J , 40K , 40L , 40M , 40N , 40O and 40P in relation to a draft amendment of an LPS that has been provided to the Commission under section 40F(4) .

(2)  The Commission may only issue a notice under subsection (1) in relation to a draft amendment of an LPS ifthe Commission is satisfied that –

(a) an amendment of the LPS in the form of the draft amendment of the LPS is urgently required and the Minister has approved the issuing of the notice on this ground; or

(b) the draft amendment is for one or more of the following purposes:

(i) correcting an error in the LPS;

(ii) removing an anomaly in the LPS;

(iii) clarifying or simplifying the LPS;

(iv) removing an inconsistency in the LPS;

(v) removing an inconsistency between the LPS and this Act or any other Act;

(vi) removing an inconsistency between the LPS and the SPPs;

(vii) making a change to a procedure set out in the LPS;

(viii) bringing the LPS into conformity with a State Policy;

(ix) changing the structure of the provisions of the LPS, or the form of a provision of an LPS, so that the LPS conforms with the structure to which an LPS is required by the SPPs to conform or the form that a provision of an LPS is to take;

(x) a prescribed purpose –

and if it is satisfied that the public interest will not be prejudiced by the draft amendment not being publicly exhibited.