TASIn ForceAct
Land Use Planning and Approvals Act 1993
40QApproval of amendment of LPS
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### 40Q Approval of amendment of LPS
> [*\[Section 40Q Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS10@EN)
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> > (1) If the Commission, after considering in accordance with [section 40M](#GS40M@EN) a draft amendment of an LPS, including any modifications –
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> > > > (a) made to it by the Commission in accordance with [section 40N(1)(b)](#GS40N@Gs1@Hpb@EN) ; or
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> > > > (b) made to it by the planning authority in accordance with a direction under [section 40N(1)(a)](#GS40N@Gs1@Hpa@EN) or [(c)](#GS40N@Gs1@Hpc@EN) –
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> > is satisfied the draft amendment meets the LPS criteria, it must approve an amendment of an LPS in the terms of the draft amendment, or, if it is not so satisfied, refuse to approve an amendment of the LPS in the terms of the draft amendment.
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> > (2) An approval under [subsection (1)](#GS40Q@Gs1@EN) of an amendment of an LPS, or a refusal to make such an approval, must be given within 90 days after the report in relation to the draft amendment to which the approval relates is given to the Commission under [section 40K](#GS40K@EN) or within a longer period allowed by the Minister.
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> > (3) If the Commission has issued a notice under [section 40I(1)](#GS40I@Gs1@EN) in relation to a draft amendment of an LPS, the Commission may approve, or refuse to approve, an amendment of an LPS in the terms of the draft amendment.
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> > (4) The Commission may, before approving under [subsection (1)](#GS40Q@Gs1@EN) or [(3)](#GS40Q@Gs3@EN) an amendment of an LPS in the terms of a draft amendment, modify the draft amendment so as to correct any errors or remove any anomalies in the draft amendment.