New South Wales Consolidated Acts

LAND DEVELOPMENT CONTRIBUTION MANAGEMENT ACT 1970 - SECT 24A

24A Objections and appeals as to certain applications under sec 16

(1) In this section:
"application" means an application made on or after 8 February 1973:

(a) under paragraph (a) of subsection (2) of section 16 for the refund or waiver of contribution, where the disposition or development consent as a consequence of which land became liable for that contribution was rescinded, cancelled, annulled or revoked (as referred to in that section) on or after that date, or

(b) under paragraph (c) of subsection (3) of section 16 for the revocation of a development consent.

"the prescribed period":

(a) in relation to an application made before the commencement of the Land Development Contribution Management (Amendment) Act 1973 -means the period of sixty days after that commencement, or

(b) in relation to an application made after that commencement-means the period of sixty days after the making of the application.

(2) Where the Authority serves on an applicant a written notice stating that the Authority has decided that, in relation to the application, it is not satisfied as to the matters referred to in paragraph (ei) of subsection (2) of section 16, or in subsection (3A) of section 16, the applicant may serve on the Authority an objection, in writing, against the decision, stating fully and in detail the grounds on which the applicant relies.

(3) Where before the expiration of the prescribed period after the making of an application, the Authority:

(a) has not granted the application, or

(b) has not served on the applicant a written notice stating whether or not the Authority has decided that, in relation to the application, it is satisfied as to the matters referred to in paragraph (ei) of subsection (2) of section 16, or in subsection (3A) of section 16,

the Authority shall be deemed to have decided that it is not satisfied as to those matters.

(4) The Authority shall consider the objection as soon as possible and may disallow it or allow it.

(5) The provisions of subsections (4), (5) and (6) of section 22 apply to and in respect of an objection under this section and the Authority’s decision on the objection in the same way as they apply to and in respect of an objection under section 22 and the Authority’s decision on such an objection.

(6) An objector shall be limited on the hearing of the appeal to the grounds stated in the objection.

(7) On the hearing of the appeal, the Court may make such order as it thinks fit and may reverse the decision of the Authority.

(8) Except as provided by the Land and Environment Court Act 1979 , any such order of the Court shall be final and conclusive and binding on all parties.

(9) The Authority shall be deemed to have decided that, in relation to an application, it is satisfied as to the matters referred to in paragraph (ei) of subsection (2) of section 16, or in subsection (3A) of section 16, if:

(a) the Authority allows an objection under subsection (4), or

(b) the Court reverses the decision of the Authority under subsection (7),

in relation to the application.