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]

(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) , 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) , the Panel must seek the Minister's approval to direct the planning authority to prepare the draft amendment.

(6)  If subsection (4)(a) applies and the Minister gives the approval sought under subsection (5) , 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) applies but the Minister refuses to give the approval sought under subsection (5) , 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) 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 –