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] Within 10 weeks after being given a direction under section 33(6)(a) or section 34(2) or any longer period the Panel allows, the planning authority must prepare a draft amendment and, unless it is withdrawn pursuant to section 36 , submit it to the Panel.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] 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 and 22 ; and

(ab) [Section 35 Subsection (3) amended by No. 46 of 2017, s. 45, Applied:04 Dec 2017] contains any matter relating to environmental management of finfish farming that the Director, EPA, in a notice under section 17A(1) , 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] is accompanied by an environmental impact statement; and