AustLII Tasmanian Consolidated Acts

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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 40B

Review of refusal of request to amend LPS

(1)  A person, within 14 days of receiving a notice under section 38(3) that the planning authority has decided not to prepare a draft amendment of an LPS in accordance with the person's request, may request the Commission to determine whether the Commission is satisfied that the planning authority took into account, in making its decision, the matters referred to in section 38(1) .
(2)  The Commission may, if it receives a request under subsection (1) in relation to a decision of a planning authority, by notice in writing to a planning authority, request the planning authority to provide it with any material relevant to the decision.
(3)  A planning authority, within 7 days of receiving a request under subsection (2) , must provide to the Commission the material requested.
Penalty:  Fine not exceeding 100 penalty units.
(4)  The Commission, within 28 days after receiving from a planning authority the material requested under subsection (2) or a longer period allowed by the Minister, must –
(a) direct the planning authority to reconsider whether to prepare a draft amendment of an LPS in relation to a request under section 37(1) ; or
(b) determine that, in the opinion of the Commission, the planning authority, in making its decision in relation to a request under section 37(1) , took into account the matters referred to in section 38(1) .
(5)  The Commission, within 7 days of making a direction or determination under subsection (4) , must give notice of the decision to the planning authority and the person who made the request under subsection (1) to which the direction or determination relates.
(6)  A planning authority that is given notice under subsection (5) of a decision under subsection (4) to direct the planning authority to reconsider whether to prepare a draft amendment of an LPS –
(a) must reconsider whether to prepare a draft amendment of the LPS; and
(b) within 7 days of making a decision whether to prepare a draft amendment of an LPS, must notify of its decision the person who made the request under subsection (1) to which the decision relates.
(7)  A period referred to in section 38(2) or (3) or section 40D(a) does not run in relation to an application under section 37 while the Commission is determining a request under subsection (1) .


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