Local council to decide application
63 Local council to decide application
After considering an application for review of a local council decision under this Division, and any further information provided at the request of the local council, the local council must—
affirm its decision, or
set aside its decision.
If the local council sets aside its decision, it may substitute a new decision.
The local council must notify the applicant of its decision.
If the local council affirms its original decision, 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 affirmed its decision to revoke sub-classification with the same effective date as it previously specified.
The fee (if any) for making an application that land be declared to be vacant land is to be refunded—
if the local council sets aside its original decision, or
if the local council fails to notify the applicant of a decision within 40 days after the application is made to it.
This Act’s bill:Explanatory memorandumSecond reading speech
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