41Consideration by Panel of draft amendment, &c.

41 Consideration by Panel of draft amendment, &c.

[Section 41 Subsection (3) substituted by No. 61 of 2001, s. 24, Applied:19 Sep 2001] [Section 41 Subsection (4) inserted by No. 61 of 2001, s. 24, Applied:19 Sep 2001] [Section 41 Substituted by No. 53 of 2011, s. 10, Applied:22 Dec 2011]

(1)  [Section 41 Subsection (1) amended by No. 46 of 2017, s. 46, Applied:04 Dec 2017] As soon as practicable after it receives a report under section 40 or a referral under section 42(3)(b) in relation to a draft amendment, the Panel must consider any matter, relating to environmental management of finfish farming, that it is required by the Director, EPA, in a notice under section 17A(1) , to consider and must, as the case requires –

(a) consider the draft amendment and report; or

(b) reconsider the referred draft amendment and the concerns indicated by the Minister.

(2)  After complying with subsection (1) , the Panel must make a determination to –

(a) recommend to the Minister that the draft amendment be accepted without change; or

(b) modify the draft amendment; or

(c) direct the planning authority to modify the draft amendment; or

(d) recommend to the Minister that the draft amendment be rejected.

(3)  If subsection (2)(b) applies, the Panel must –

(a) modify the draft amendment; and

(b) notify the planning authority in writing of its determination and the reasons for making it, and of the modification.

(4)  If subsection (2)(c) applies, the Panel must –