33Request for amendment of marine farming development plan

### 33 Request for amendment of marine farming development plan > [*\[Section 33 Substituted by No. 53 of 2011, s. 5, Applied:22 Dec 2011\]*](/view/html/inforce/2011-12-22/act-2011-053#GS5@EN) > > > (1)  Once a marine farming development plan has been in operation for at least 2 years, a person ("applicant") may request that it be amended. > > > (2)  The request is to be made to the planning authority in a form approved by that authority. > > > (3)  Within 35 days after receiving the request or any longer period the Panel allows, the planning authority must make a recommendation to the Panel as to whether the amendment should be made. > > > (4)  After considering the recommendation under [subsection (3)](#GS33@Gs3@EN) , the Panel may – > > > > > > (a) approve the making of the amendment; or > > > > > > > (b) refuse to approve the making of the amendment. > > > (5)  As soon as practicable after making a decision under [subsection (4)(a)](#GS33@Gs4@Hpa@EN) , the Panel must seek the Minister's approval to direct the planning authority to prepare the draft amendment. > > > (6)  If [subsection (4)(a)](#GS33@Gs4@Hpa@EN) applies and the Minister gives the approval sought under [subsection (5)](#GS33@Gs5@EN) , then, as soon as practicable after obtaining that approval, the Panel must – > > > > > > (a) direct the planning authority, in writing, to prepare the draft amendment; and > > > > > > > (b) serve notice of the approval and the direction on the applicant. > > > (7)  If [subsection (4)(a)](#GS33@Gs4@Hpa@EN) applies but the Minister refuses to give the approval sought under [subsection (5)](#GS33@Gs5@EN) , then, as soon as practicable after being informed of that refusal, the Panel must serve notice of that refusal on the applicant. > > > (8)  If [subsection (4)(b)](#GS33@Gs4@Hpb@EN) applies, then, as soon as practicable after making its decision, the Panel must serve notice of the refusal and the reasons for the refusal on the applicant. > > > (9)  If – > > > > > > (a) [subsection (4)(b)](#GS33@Gs4@Hpb@EN) applies; or > > > > > > > (b) [subsection (4)(a)](#GS33@Gs4@Hpa@EN) applies but the Minister refuses to give the approval sought under [subsection (5)](#GS33@Gs5@EN)  – > > > > the planning authority must not, in the 2-year period immediately following the date of the relevant refusal, consider or action any request for the making of a substantially similar amendment to the same marine farming development plan.