Defects in procedure
39 Defects in procedure
S. 39(1) amended by No. 52/1998 s. 191(2)(a)(i).
A person who is substantially or materially affected by a failure of the Minister, a planning authority or a panel to comply with Division 1 or 2 or this Division or Part 8 in relation to an amendment which has not been approved may, not later than one month after becoming aware of the failure refer the matter to the Tribunal for its determination.
S. 39(2) amended by No. 52/1998 s. 191(2)(a)(i) (ii).
In addition to any other party to the proceeding the parties to a proceeding before the Tribunal under this section are—
the person who referred the matter to the Tribunal; and
the Minister; and
the planning authority.
If a matter referred to the Tribunal under this section involves a failure by a panel to comply with Division 2 or this Division or Part 8 the panel (or a member of the panel authorised by the panel to act on its behalf) is entitled to make a written or oral submission to the Tribunal before the Tribunal completes the hearing of the matter.
S. 39(4) amended by No. 52/1998 s. 191(2)(a)(i).
The Tribunal may determine a matter referred to it under this section and may do any one or more of the following—
make any declaration that it considers appropriate;
direct that—
S. 39(4)(b)(i) amended by Nos 81/2004 s. 12, 3/2013 s. 70(2).
the planning authority must not adopt the amendment or a specified part of the amendment; or
the Minister must not approve the amendment or a specified part of the amendment—
unless the Minister, planning authority or a panel takes action specified by the Tribunal.
In exercising its jurisdiction under this section the Tribunal cannot vary a decision made in relation to a matter referred to it or set aside that decision and make a decision in substitution for the decision so set aside.
S. 39(6) repealed by No. 52/1998 s. 191(2)(a)(iii).
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An amendment which has been approved is not made invalid by any failure to comply with Division 1 or 2 or this Division or Part 8.
Except for an application under this section, a person cannot bring an action in respect of a failure to comply with Division 1 or 2 or this Division or Part 8 in relation to an amendment which has not been approved.
S. 39(9) inserted by No. 43/2021 s. 127.
This section does not apply to a planning scheme prepared by the Suburban Rail Loop Authority that applies to land to which a Suburban Rail Loop planning area declaration applies.
Division 4—Availability of approved amendments and schemes
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