35Certification of draft amendment

### 35 Certification of draft amendment > > (1)  [*\[Section 35 Subsection (1) substituted by No. 53 of 2011, s. 7, Applied:22 Dec 2011\]*](/view/html/inforce/2011-12-22/act-2011-053#GS7@Hpa@EN) Within 10 weeks after being given a direction under [section 33(6)(a)](#GS33@Gs6@Hpa@EN) or [section 34(2)](#GS34@Gs2@EN) or any longer period the Panel allows, the planning authority must prepare a draft amendment and, unless it is withdrawn pursuant to [section 36](#GS36@EN) , submit it to the Panel. > > > (2)  Within 28 days after the submission of a draft amendment or any longer period the Minister allows, the Panel, if it considers that – > > > > > > (a) it is suitable for exhibition, must certify the draft amendment accordingly and refer it to the Minister for approval for it to be publicly exhibited; or > > > > > > > (b) it is not suitable for exhibition – > > > > > > > > > > (i) [*\[Section 35 Subsection (2) amended by No. 53 of 2011, s. 7, Applied:22 Dec 2011\]*](/view/html/inforce/2011-12-22/act-2011-053#GS7@Hpb@EN) must alter it as the Panel considers necessary or expedient and then refer it to the Minister for approval for the draft amendment, as so altered, to be publicly exhibited; or > > > > > > > > > > > (ii) by notice in writing to the planning authority, must specify the respects in which it is not suitable for exhibition and a period within which a revised draft amendment must be submitted to the Panel. > > > (3)  A draft amendment is suitable for exhibition if it – > > > > > > (a) complies with [sections 21](#GS21@EN) and [22](#GS22@EN) ; and > > > > > > > (ab) [*\[Section 35 Subsection (3) amended by No. 46 of 2017, s. 45, Applied:04 Dec 2017\]*](/view/html/inforce/2017-12-04/act-2017-046#GS45@EN) contains any matter relating to environmental management of finfish farming that the Director, EPA, in a notice under [section 17A(1)](#GS17A@Gs1@EN) , requires the Panel to include in the draft amendment or any draft amendment; and > > > > > > > (b) [*\[Section 35 Subsection (3) amended by No. 61 of 2001, s. 19, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS19@Hpa@EN) is accompanied by an environmental impact statement; and > > > > > > > (c) [*\[Section 35 Subsection (3) amended by No. 61 of 2001, s. 19, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS19@Hpb@EN) .  .  .  .  .  .  .  .   > > > > > > > (d) in the opinion of the Panel, complies with any other matter the Panel thinks fit. > > > (4)  [Subsections (2)](#GS35@Gs2@EN) and [(3)](#GS35@Gs3@EN) apply in relation to the revised draft amendment as if it had not previously been submitted to the Panel.