AustLII Tasmanian Consolidated Acts

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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 35F

Report by planning authority to Commission about exhibition

(1)  A planning authority, within 60 days after the end of the exhibition period in relation to a draft LPS in relation to the municipal area of the planning authority or a longer period allowed by the Commission, must provide to the Commission a report in relation to the draft LPS.
(2)  The report by the planning authority in relation to the draft LPS is to contain –
(a) a copy of each representation made under section 35E(1) in relation to the relevant exhibition documents in relation to the draft LPS before the end of the exhibition period in relation to the draft LPS, or, if no such representations were made before the end of the exhibition period, a statement to that effect; and
(b) a copy of each representation, made under section 35E(1) in relation to the relevant exhibition documents in relation to the draft LPS after the end of the exhibition period in relation to the draft LPS, that the planning authority, in its discretion, includes in the report; and
(ba) a statement containing the planning authority's response to the matters referred to in an LPS criteria outstanding issues notice, if any, in relation to the draft LPS; and
(c) a statement of the planning authority's opinion as to the merit of each representation included under paragraph (a) or (b) in the report, including, in particular, as to –
(i) whether the planning authority is of the opinion that the draft LPS ought to be modified to take into account the representation; and
(ii) the effect on the draft LPS as a whole of implementing the recommendation; and
(d) a statement as to whether it is satisfied that the draft LPS meets the LPS criteria; and
(e) the recommendations of the planning authority in relation to the draft LPS.
(3)  Without limiting the generality of subsection (2)(e) , the recommendations in relation to a draft LPS may include recommendations as to whether –
(a) a provision of the draft LPS is inconsistent with a provision of the SPPs; or
(b) the draft LPS should, or should not, apply a provision of the SPPs to an area of land; or
(c) the draft LPS should, or should not, contain a provision that an LPS is permitted under section 32 to contain.



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