AustLII Tasmanian Consolidated Acts

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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 25

Commission report

(1)  The Commission, within 90 days, or a longer period allowed by the Minister, after the end of the exhibition period in relation to a draft of the SPPs, must provide to the Minister a report in relation to the draft of the SPPs.
(2)  The report in relation to a draft of the SPPs is to contain –
(a) a copy of the draft of the SPPs in the form in which the draft was available for viewing by the public in accordance with section 22(6)(a) ; and
(b) a summary of –
(i) the representations, in relation to the draft of the SPPs, that it has considered in accordance with section 24(b) and (c) ; and
(ii) the Commission's opinion as to the merit of those representations; and
(c) a summary of the information obtained at hearings, if any, in relation to the draft of the SPPs; and
(d) the recommendations of the Commission in relation to the draft of the SPPs; and
(e) a statement as to whether the Commission is satisfied that the draft of the SPPs meets the SPPs criteria.
(3)  The recommendations under subsection (2)(d) that are included in the report under subsection (1) in relation to a draft of the SPPs, contained, in accordance with subsection (2)(a) , in the report, are to include a recommendation that –
(a) the Minister make the State Planning Provisions in the terms of the draft of the SPPs; or
(b) the Minister make the State Planning Provisions in the terms of the draft of the SPPs with modifications; or
(c) the Minister refuse to make the State Planning Provisions in the terms of the draft of the SPPs.
(4)  If the recommendations under subsection (2)(d) that are included in the report under subsection (1) include, in accordance with subsection (3)(b) , a recommendation that the Minister make the State Planning Provisions in the terms of the draft of the SPPs contained, in accordance with subsection (2)(a) , in the report, with modifications, the report is to include –
(a) a copy, of the draft of the SPPs, that includes the modifications; and
(b) a recommendation as to whether or not the draft of the SPPs that includes the modifications ought to be re-exhibited.
(5)  The recommendations under subsection (2)(d) that are included in the report under subsection (1) in relation to a draft of the SPPs may include recommendations in respect of any matters that relate to issues of a technical nature or that may be relevant to the implementation of the State Planning Provisions if the State Planning Provisions were made under section 27 in the terms of the draft of the SPPs.


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