Final approval or refusal of draft amendment
42 Final approval or refusal of draft amendment
After considering a notification under section 41A(1) in respect of a draft amendment, the Minister may – give final approval to the draft amendment; or 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 refuse to give final approval to the draft amendment.
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.
If the Minister refuses to give final approval to the draft amendment, the Minister may, as the circumstances require – advise the Panel and the planning authority that he or she has accepted the Panel's recommendation to reject the draft amendment; or refer the draft amendment back to the Panel, indicating any concerns the Minister has with the draft amendment.
If the Minister gives final approval to the draft amendment – the Minister must advise the Panel and the planning authority of the final approval and, if subsection (1)(b) applies, the relevant alterations; and 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.
The Minister may give final approval to the draft amendment by – signing the draft amendment (after incorporating any alterations made under subsection (1)(b)) and notating the approval on the relevant marine farming development plan; or signing a replacement marine farming development plan.
If the Minister gives final approval to the draft amendment – the amendment as so approved prevails over an existing marine farming development plan to the extent of any inconsistency; and 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.
This Act’s bill:Explanatory notesSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.