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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Historical version for 1 July 1998 to 9 July 1998 (accessed 5 April 2020 at 06:50) Current version
Part 3 Division 4 Section 68
68   Consideration of submissions
(1)  Where:
(a)  a person making a submission so requests, and
(b)  the council considers that the issues raised in a submission are of such significance that they should be the subject of a hearing before the council decides whether and, if so, what alterations should be made,
the council shall, in the prescribed manner, arrange a public hearing in respect of the submission.
(2)  A report of the public hearing shall be furnished to the council and the council shall make public the report.
(3)  The council shall consider the submission and the report furnished pursuant to subsection (2) and may make any alterations it considers are necessary to the draft local environmental plan arising from its consideration of submissions or matters raised at any public hearing.
(3A)  An alteration made by a council pursuant to subsection (3) need not relate to a submission.
(3B)  The council may (but need not) give public notice of and publicly exhibit, wholly or in part, a draft local environmental plan that has been altered pursuant to subsection (3). The provisions of this section and sections 66 and 67, with any necessary adaptations, apply to any such exhibition of a draft plan, but not so as to require a further certificate under section 65.
(4)  The council shall, subject to and except as may be provided by the regulations, submit to the Director:
(a)  details of all submissions,
(b)  the report of any public hearing,
(c)  the draft local environmental plan and the reasons for any alterations made to the plan pursuant to subsection (3), and
(d)  a statement:
(i)  to the effect that the provisions of sections 66 and 67 and this section relating to public involvement in the preparation of the draft plan have been complied with,
(ii)  specifying the environmental planning instruments and directions under section 117 that have been taken into consideration,
(iii)  giving details of any inconsistency between the draft plan and any instrument or direction referred to in subparagraph (ii) and the reasons justifying the inconsistency, and
(iv)  giving details of the reasons justifying the exclusion of provisions of the draft plan under subsection (5) or the exclusion from the application of the draft plan of any land under that subsection.
(5)  In submitting the draft local environmental plan, the council may exclude certain provisions thereof or exclude from the application thereof part of the land to which the draft plan applied (in this section referred to as the deferred matter) which, in its opinion, require or requires further consideration but which should not prejudice the consideration by the Director and the Minister of the draft plan as submitted.
(6)  The council may subsequently take action under this section in respect of the deferred matter, without having to publicly re-exhibit that deferred matter, as if it were a draft local environmental plan.
(7)  More than one public hearing may be held in respect of any submissions, and one hearing may be held in respect of more than one submission.
(8)  The regulations may make provision for or with respect to the conduct of a public hearing.