17Referral to Authority of certain planning instruments

17 Referral to Authority of certain planning instruments

(1)  The Authority, by notice in writing given to a planning authority (a planning interest notice), may determine that the municipal area in respect of the planning authority, or a part, of the municipal area, that is specified in the notice, is an area of planning interest to the Authority.

(2)  The Authority may only determine that the municipal area, or a part of the municipal area, is an area of planning interest to the Authority for the purposes of subsection (1) if the Authority is reasonably of the opinion that a use or development in the municipal area, or part, respectively –

(a) could affect the likelihood, severity or duration of flooding occurring in the flood-prone area; or

(b) could be affected by flooding in the flood-prone area.

(3)  A planning interest notice given to a planning authority under subsection (1) is to specify the requirements imposed on the planning authority under subsection (4) .

(4)  A planning authority to which a planning interest notice is given under subsection (1) must, on or before the day on which the exhibition of a draft planning instrument, in respect of land within the area of land to which the notice relates, begins under the Planning Act, give a notice in writing to the Authority –

(a) notifying the Authority of the day on which the exhibition of the draft planning instrument is to begin; and

(b) inviting the Authority to make a representation under the Planning Act in relation to the draft planning instrument; and

(c) if the person who requested the draft planning instrument be prepared also requested under section 43A of the Planning Act that the planning authority consider an application for a permit – inviting the Authority to make a representation under the Planning Act in relation to any permit, relating to that application, that is or may be granted by the planning authority.

(5)  The Authority is to give notice in writing to the Commission that a planning interest notice has been given under .