Crown Lands (Shack Sites) Act 1997

After hearing an appeal, the Commissioner may – uphold the Secretary's determination; or set aside the Secretary's determination and substitute such other determination, as the Secretary had power to make, as the Commissioner thinks fit; or set aside the determination and direct the Secretary to make a fresh assessment and determination taking into account such matters as the Commissioner specifies in the direction.

The Commissioner must give notice of the outcome of the appeal to the Secretary and, at the same time, to each other party to the appeal.

A shack site determination does not have effect until – if no appeal is lodged against the determination, the end of the appeal period; or if an appeal is lodged but the determination is upheld, the day on which notice of the outcome of the appeal is given to the Secretary and to each other party to the appeal under subsection (2).

If, on appeal, a shack site determination of the Secretary is set aside by the Commissioner and another determination is substituted, the substituted determination has effect on the day on which notice of the outcome of the appeal is given to the Secretary and to each other party to the appeal under subsection (2).