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s 74BF

Procedure on hearing of notice of objection

In force
Part 16Fortifications

74BF Procedure on hearing of notice of objection

(1)

In any proceedings in relation to a notice of objection, the Court must, if convenient to the Court, be constituted of the Magistrate who issued the fortification removal order to which the notice of objection relates.

(2)

The

Court must, when determining a notice of objection, consider whether, in the light of the evidence presented by both the Commissioner and the objector, sufficient grounds exist to satisfy the Court as to the requirements of section 74BB(1).

(3)

The

Court may, on hearing a notice of objection, confirm, vary or withdraw the fortification removal order.

(4)

If, on the hearing of a notice of objection, the fortification removal order is confirmed or varied, the period of time allowed for compliance with the order, as fixed by the order, is (unless the

Court specifies otherwise) taken to commence on the day of the

Court's determination.

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