Land Use Planning and Approvals Act 1993
40NAction to be taken by Commission after considering report
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40N Action to be taken by Commission after considering report
[Section 40N Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]
(1) The Commission, after complying with section 40M in relation to a draft amendment of an LPS in relation to the municipal area of a planning authority, may –
(a) by notice to the planning authority, direct the planning authority to modify the draft amendment in the manner specified in the notice; or
(b) modify the draft amendment itself and notify the planning authority of the Commission's modification; or
(c) by notice to the planning authority, reject the draft amendment of the LPS and direct the planning authority to –
(i) submit to the Commission a substitute draft amendment of an LPS within the period specified in the direction; or
(ii) substantially modify a part of the draft amendment of the LPS and submit to the Commission the part of the draft amendment of the LPS, as so modified, within 28 days or a longer period allowed by the Commission; or
(d) substantially modify the draft amendment itself and notify the planning authority of the Commission's modification; or
(e) reject the draft amendment and notify the planning authority of the rejection.
(2) The Commission may, if it is not satisfied with a modified draft amendment of an LPS submitted to the Commission under section 40O(1) , issue a further notice under subsection (1) in relation to the draft amendment of an LPS to which the modifications relate.