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Land Use Planning and Approvals Act 1993
40IExemption from public exhibition
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### 40I Exemption from public exhibition
> [*\[Section 40I Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS10@EN)
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> > (1) The Commission, by notice in writing to a planning authority, may dispense with the requirements of [sections 40G](#GS40G@EN) , [40H](#GS40H@EN) , [40J](#GS40J@EN) , [40K](#GS40K@EN) , [40L](#GS40L@EN) , [40M](#GS40M@EN) , [40N](#GS40N@EN) , [40O](#GS40O@EN) and [40P](#GS40P@EN) in relation to a draft amendment of an LPS that has been provided to the Commission under [section 40F(4)](#GS40F@Gs4@EN) .
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> > (2) The Commission may only issue a notice under [subsection (1)](#GS40I@Gs1@EN) in relation to a draft amendment of an LPS ifthe Commission is satisfied that –
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> > > > (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
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> > > > (b) the draft amendment is for one or more of the following purposes:
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> > > > > > (i) correcting an error in the LPS;
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> > > > > > (ii) removing an anomaly in the LPS;
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> > > > > > (iii) clarifying or simplifying the LPS;
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> > > > > > (iv) removing an inconsistency in the LPS;
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> > > > > > (v) removing an inconsistency between the LPS and this Act or any other Act;
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> > > > > > (vi) removing an inconsistency between the LPS and the SPPs;
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> > > > > > (vii) making a change to a procedure set out in the LPS;
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> > > > > > (viii) bringing the LPS into conformity with a State Policy;
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> > > > > > (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;
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> > > > > > (x) a prescribed purpose –
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> > and if it is satisfied that the public interest will not be prejudiced by the draft amendment not being publicly exhibited.
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> > (3) If the Commission issues a notice under [subsection (1)](#GS40I@Gs1@EN) in relation to a draft amendment of an LPS that has been provided to the Commission under [section 40F(4)](#GS40F@Gs4@EN) , [sections 40G](#GS40G@EN) , [40H](#GS40H@EN) , [40J](#GS40J@EN) , [40K](#GS40K@EN) , [40L](#GS40L@EN) , [40M](#GS40M@EN) , [40N](#GS40N@EN) , [40O](#GS40O@EN) and [40P](#GS40P@EN) do not apply in relation to the draft amendment of an LPS.