42Final approval or refusal of draft amendment

42 Final approval or refusal of draft amendment

[Section 42 Subsection (7) inserted by No. 61 of 2001, s. 25, Applied:19 Sep 2001] [Section 42 Substituted by No. 53 of 2011, s. 10, Applied:22 Dec 2011]

(1)  After considering a notification under section 41A(1) in respect of a draft amendment, the Minister may –

(a) give final approval to the draft amendment; or

(b) give final approval to the draft amendment subject to such alterations as the Minister, on his or her own motion, considers necessary or expedient; or

(c) refuse to give final approval to the draft amendment.

(2)  [Section 42 Subsection (2) amended by No. 46 of 2017, s. 47, Applied:04 Dec 2017] For the purposes of exercising his or her power under subsection (1) , the Minister may at any time seek further information from the Board, Director, EPA, Panel or planning authority.

(3)  If the Minister refuses to give final approval to the draft amendment, the Minister may, as the circumstances require –

(a) advise the Panel and the planning authority that he or she has accepted the Panel's recommendation to reject the draft amendment; or

(b) refer the draft amendment back to the Panel, indicating any concerns the Minister has with the draft amendment.

(4)  If the Minister gives final approval to the draft amendment –

(a) the Minister must advise the Panel and the planning authority of the final approval and, if subsection (1)(b) applies, the relevant alterations; and

(b) as soon as practicable after receiving the advice under paragraph (a) , the planning authority, by public notice, must advertise the final approval and, if subsection (1)(b) applies, the relevant alterations.