Decision on approval of draft variation
38 Decision on approval of draft variation
If the Minister receives a draft variation of an approved site plan under this Division, the Minister must —
approve the draft variation; or
refuse to approve the draft variation.
The Minister may approve the draft variation if the Minister is reasonably satisfied that —
if the draft variation is prepared under regulation 30, 31 or 35 — the approved site plan should be varied as set out in the draft variation; or
if the draft variation is prepared under regulation 33 — the draft variation would remove the inconsistency; or
if the draft variation is prepared under regulation 34 —
the draft variation would address the circumstance in relation to which the draft variation was prepared; and
if the circumstance in relation to which the draft variation was prepared is mentioned in item 2 of the Table to regulation 34(1) — the approved site plan, as varied by the draft variation, would meet the requirements set out in Division 2.
In deciding whether to approve the draft variation, the Minister may have regard to any matters the Minister considers relevant.
The Minister may approve the draft variation subject to conditions.
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