Page 2088 - Week 07 - Thursday, 23 August 2007

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116

Clause 402 (2) and (3)

Page 299, line 12—

omit clause 402 (2) and (3), substitute

(2) The application for review must be made not later than 4 weeks after—

(a) for a decision to which section 171 (When development approvals take effect—single representation with AAT review right) applies—the day the person was told about the decision; or

(b) for a decision to which section 172 (When development approvals take effect—multiple representations with AAT review right) applies—the day final notice of the decision was given.

(3) The period for making the application for review may not be extended under the Administrative Appeals Tribunal Act 1989.

(4) In this section:

final notice—see section 172 (3).

117

Clause 403 (2)

Page 299, line 22—

omit clause 403 (2), substitute

Note A decision of the Minister under s 158 is not a reviewable decision (see s 400, def reviewable decision and sch 1).

118

Clause 405 (5), definition of relevant document, proposed new paragraph (aa)

Page 303, line 1—

before paragraph (a), insert

(aa) a draft plan variation;

119

Proposed new clause 407A

Page 305, line 15—

insert

407AEnforcement actions unaffected by other approvals etc

(1) To remove any doubt, the planning and land authority or an official is not prevented from exercising a function in relation to a matter only because any of the following have been issued in relation to the matter:

(a) a development approval;

(b) a certificate of compliance;

(c) a certificate of occupancy under the Building Act 2004.

(2) In this section:

function—see section 406 (1).

official—see section 406 (1).


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