Fire and Emergency Services Levy Act 2017

After considering an application for land to be declared to be vacant land, and any further information provided by the applicant, the local council must either—

declare the land to be vacant land, or

refuse the application.

The local council must declare the land to be vacant land if the local council is satisfied that the land satisfies the requirements for sub-classification as vacant land.

The local council must notify the applicant of its decision. The local council must include the reasons for its decision if it refuses the application.

If the local council refuses the application, the local council must include in the notice—

the reasons for the decision, and

information about appeals to the Land and Environment Court (including the time limit for making an appeal).

If the local council has not notified the applicant of its decision within 40 days after the application is made to it, the local council is taken, at the end of the 40-day period, to have refused the application.

The fee (if any) for making an application that land be declared to be vacant land is to be refunded—

if the local council declares the land to be vacant land, or

if the local council fails to notify the applicant of a decision within 40 days after the application is made to it.