42Final approval or refusal of draft amendment

### 42 Final approval or refusal of draft amendment > [*\[Section 42 Subsection (7) inserted by No. 61 of 2001, s. 25, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS25@EN) [*\[Section 42 Substituted by No. 53 of 2011, s. 10, Applied:22 Dec 2011\]*](/view/html/inforce/2011-12-22/act-2011-053#GS10@EN) > > > (1)  After considering a notification under [section 41A(1)](#GS41A@Gs1@EN) 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)  [*\[Section 42 Subsection (2) amended by No. 46 of 2017, s. 47, Applied:04 Dec 2017\]*](/view/html/inforce/2017-12-04/act-2017-046#GS47@EN) For the purposes of exercising his or her power under [subsection (1)](#GS42@Gs1@EN) , 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)](#GS42@Gs1@Hpb@EN) applies, the relevant alterations; and > > > > > > > (b) as soon as practicable after receiving the advice under [paragraph (a)](#GS42@Gs4@Hpa@EN) , the planning authority, by public notice, must advertise the final approval and, if [subsection (1)(b)](#GS42@Gs1@Hpb@EN) applies, the relevant alterations. > > > (5)  The Minister may give final approval to the draft amendment by – > > > > > > (a) signing the draft amendment (after incorporating any alterations made under [subsection (1)(b)](#GS42@Gs1@Hpb@EN) ) and notating the approval on the relevant marine farming development plan; or > > > > > > > (b) signing a replacement marine farming development plan. > > > (6)  If the Minister gives final approval to the draft amendment – > > > > > > (a) the amendment as so approved prevails over an existing marine farming development plan to the extent of any inconsistency; and > > > > > > > (b) a marine farming development plan replaced by the amendment as so approved ceases to have effect on the signing, by the Minister, of the replacement marine farming development plan.