44Commission may take over responsibilities of planning authority

### 44 Commission may take over responsibilities of planning authority > [*\[Section 44 Substituted by No. 26 of 2007, s. 14, Applied:01 Aug 2007\]*](/view/html/inforce/2007-08-01/act-2007-026#GS14@EN) [*\[Section 44 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS10@EN) > > > (1)  If a planning authority fails to comply with a provision of [Division 2](#HP3B@HD2@EN) or [3](#HP3B@HD3@EN) within the period referred to in that provision – > > > > > > (a) the Commission may assume the responsibilities and obligations of the authority under that Division in relation to the preparation and certification of a draft amendment; and > > > > > > > (b) the planning authority must pay to the Commission all costs incurred by the Commission in assuming the responsibilities and obligations of the authority in relation to the preparation and certification of the draft amendment. > > > (2)  The failure to comply with a provision of [Division 2](#HP3B@HD2@EN) or [3](#HP3B@HD3@EN) within the period referred to in the provision does not invalidate an amendment of an LPS approved by the Commission under [Division 3](#HP3B@HD3@EN) . > > > (3)  If a planning authority fails, in relation to a request for an amendment of an LPS that is made under [section 40T(1)](#GS40T@Gs1@EN) , to comply with a provision of [Division 3](#HP3B@HD3@EN) or [section 40Y](#GS40Y@EN) within the period referred to in that provision – > > > > > > (a) the Commission may assume the responsibilities and obligations of the authority under that provision in relation to the preparation of the amendment of the LPS and the decision in relation to the application for a permit that accompanied that request; and > > > > > > > (b) the planning authority must pay to the Commission all costs incurred by the Commission in assuming those responsibilities and obligations. > > > (4)  The failure to comply with a provision of [Division 3](#HP3B@HD3@EN) or [section 40Y](#GS40Y@EN) within the period referred to in the provision does not invalidate an amendment of an LPS approved by the Commission under that Division or a decision under this Division in relation to an application under [section 40T(1)](#GS40T@Gs1@EN) for a permit.