42BCommission to review planning authority's decision about permit

### 42B Commission to review planning authority's decision about permit > [*\[Section 42B Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS10@EN) > > > (1)  The Commission must, at the same time as it makes a decision under [section 40Q](#GS40Q@EN) in relation to a draft amendment of an LPS to which a request under [section 40T(1)](#GS40T@Gs1@EN) relates – > > > > > > (a) confirm the decision of the planning authority under [section 40Y](#GS40Y@EN) in relation to the application for a permit to which the request relates; or > > > > > > > (b) if the decision in relation to the application for a permit to which the request relates was to grant a permit – > > > > > > > > > > (i) refuse the permit; or > > > > > > > > > > > (ii) modify or delete a condition or restriction attached to the permit or add new conditions or restrictions to the permit; or > > > > > > > (c) if the decision in relation to the application for a permit to which the request relates was to refuse to grant a permit – grant a permit subject to the conditions or restrictions that the Commission thinks fit; or > > > > > > > (d) if the Commission decides under [section 40Q](#GS40Q@EN) to refuse to approve the draft amendment of an LPS – refuse the permit. > > > (2)  If the Commission decides under [section 40Q](#GS40Q@EN) to approve a draft amendment of an LPS to which a request under [section 40T(1)](#GS40T@Gs1@EN) relates, the decision by the Commission under [subsection (1)](#GS42B@Gs1@EN) in relation to an application under [section 40T(1)](#GS40T@Gs1@EN) for a permit is to be made by reference to the provision of the planning scheme as in force at the date of the decision, as if the scheme had been amended in accordance with the draft amendment of the LPS. > > > (3)  If the Commission decides under [section 40Q](#GS40Q@EN) not to approve a draft amendment of an LPS to which a request under [section 40T(1)](#GS40T@Gs1@EN) relates, the decision by the Commission under [subsection (1)](#GS42B@Gs1@EN) in relation to an application under [section 40T(1)](#GS40T@Gs1@EN) for a permit is to be made by reference to the provision of the planning scheme as in force at the date of the decision. > > > (4)  The Commission must give notice in writing, of a decision under [subsection (1)](#GS42B@Gs1@EN) in relation to an application under [section 40T(1)](#GS40T@Gs1@EN) , to – > > > > > > (a) the planning authority to which the application was made; and > > > > > > > (b) the applicant; and > > > > > > > (c) each person or body who or that made a representation under [section 41(1)](#GS41@Gs1@EN) in relation to the permit to which the application relates; and > > > > > > > (d) the Board of the Environment Protection Authority, if the permit application has been referred to the Board under section 24 or 25 of the [Environmental Management and Pollution Control Act 1994](/view/html/inforce/2026-04-12/act-1994-044) .