40LHearings

### 40L Hearings > [*\[Section 40L Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS10@EN) > > > (1)  The Commission, as soon as practicable after receiving under [section 40K](#GS40K@EN) a report, in relation to a draft amendment of an LPS, that contains a copy of a representation, must hold a hearing in relation to the representation. > > > (2)  [Subsection (1)](#GS40L@Gs1@EN) does not apply in relation to a representation in relation to a draft amendment of an LPS if the Commission decides to dispense with the hearing in relation to the representation because – > > > > > > (a) the Commission is satisfied that all the representations received by the planning authority are in support of the draft amendment; or > > > > > > > (b) the person or body who or that made the representation has notified the Commission in writing that he, she or it does not wish to be heard at such a hearing; or > > > > > > > (c) the Commission is satisfied that – > > > > > > > > > > (i) the draft amendment is urgently required and the Minister has agreed that a hearing should be dispensed with in relation to the representation; or > > > > > > > > > > > (ii) the draft amendment is for a purpose referred to in [section 40I(2)(b)](#GS40I@Gs2@Hpb@EN)  – > > > > > > > > and that the public interest would not be prejudiced by the draft amendment not being publicly exhibited. > > > (3)  The Commission must give at least 14 days' notice, as prescribed, of a hearing to be held under [subsection (1)](#GS40L@Gs1@EN) . > > > (4)  The Commission may consolidate any of the representations and hold a hearing in relation to the consolidated representations. > > > (5)  The Commission may hold together hearings that relate to amendments to different LPSs. > > > (6)  The Commission is not to consider, in a hearing in relation to a draft amendment of an LPS, a matter that, if it were included in a representation, would, in accordance with [section 40J(5)](#GS40J@Gs5@EN) , not be taken to be part of the representation.