40PSubstantial modification of draft amendments

### 40P Substantial modification of draft amendments > [*\[Section 40P Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS10@EN) > > > (1)  A planning authority to which a notice is given under [section 40N(1)(c)](#GS40N@Gs1@Hpc@EN) must, within 28 days or a longer period allowed by the Commission, submit to the Commission, as the case may be – > > > > > > (a) a draft amendment of an LPS, modified as required by the notice; or > > > > > > > (b) a substitute draft amendment of an LPS. > > > (2)  If a notice is given under [section 40N(1)(c)](#GS40N@Gs1@Hpc@EN) in relation to a draft amendment of an LPS, the period referred to in [section 40Q(2)](#GS40Q@Gs2@EN) does not run in relation to the draft amendment, or the substitute draft amendment, until the period by which the planning authority must submit to the Commission the modified draft amendment of the LPS, or the substitute draft amendment of the LPS, has expired. > > > (3)  The Commission, after preparing a substantially modified draft amendment of an LPS in accordance with [section 40N(1)(d)](#GS40N@Gs1@Hpd@EN) , or within 28 days after receiving a substitute draft amendment of the LPS, or a modified draft amendment of the LPS, under [subsection (1)](#GS40P@Gs1@EN) , must, if satisfied that the draft amendment satisfies the requirements of this Act – > > > > > > (a) certify the draft amendment; and > > > > > > > (b) by notice in writing to the planning authority, direct the planning authority to comply with [sections 40G](#GS40G@EN) and [40H](#GS40H@EN) in relation to the draft amendment as if the draft amendment were a draft amendment that had been given to the Commission by the planning authority under [section 40F(4)](#GS40F@Gs4@EN) . > > > (4)  If a notice is given to a planning authority under [subsection (3)(b)](#GS40P@Gs3@Hpb@EN) in relation to a draft amendment of the LPS – > > > > > > (a) the planning authority is to comply with [sections 40G](#GS40G@EN) and [40H](#GS40H@EN) in relation to the draft amendment of the LPS, and this Division applies in relation to the draft amendment, as if the draft amendment were a draft amendment that had been given to the Commission by the planning authority under [section 40F(4)](#GS40F@Gs4@EN) ; and > > > > > > > (b) this Division ceases to apply to the original draft amendment of an LPS.