Page 3404 - Week 09 - Wednesday, 20 August 2008

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22OA Time for deciding land, planning and environment applications

(1) This section applies in relation to an application for review by the tribunal of a decision under any of the following Acts:

• Heritage Act 2004

• Planning and Development Act 2007

• Tree Protection Act 2005.

(2) The tribunal must decide the application within 120 days after the day the application is made.

(3) However, the general president may, in writing, extend the period for deciding the application if satisfied that the extension is in the interests of justice.

(4) If the tribunal does not decide the application within the 120 days, the general president must ensure that the tribunal’s annual report for the year when the application was decided includes—

(a) details of the period of time it took to decide the application; and

(b) if the 120 day period was extended under subsection (3)—the reasons for the extension.

(5) A failure to comply with this section in relation to an application does not affect the validity of a decision on the application.

(6) In this section:

tribunal’s annual report means the report prepared by the tribunal under the Annual Reports (Government Agencies) Act 2004.

Schedule 1

Amendment 1.8

Proposed new section 301 (1)

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(1) A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of—

(a) this Act; or

(b) the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008; or

Schedule 1

Amendment 1.8

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