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STRATA TITLES ACT 1998 - SECT 144 Right of appeal

STRATA TITLES ACT 1998 - SECT 144

PART 10 - Appeals Right of appeal

(1)  An interested person may appeal to the Tribunal against –
(a) a decision or order made by the Recorder on an application under this Act; or
(b) a decision by a council on an application for approval under this Act, unless the decision relates to building work, within the meaning of the Building Act 2016 .
(2)  The following are interested persons for the purposes of this section:
(a) the applicant for the decision or order;
(b) in the case of a decision or order under Part 9 , a person who was entitled to make, and made, written submissions to the Recorder in connection with the application for relief;
(c) in the case of an order, a person required by the order to do, or refrain from doing, a specified act;
(d) any other person classified by the regulations as an interested person in relation to a decision or order of a specified kind.
(3)  An appeal is commenced by lodging a notice of appeal, accompanied by the prescribed fee, within 30 days after the date of the order, with the Recorder.
(4)  A notice of appeal lodged under subsection (3) must specify –
(a) the name and address of the appellant; and
(b) the order appealed against; and
(c) the grounds of the appeal; and
(d) any other prescribed matter.
(5)  On receiving a notice of appeal, the Recorder must forward to the Tribunal –
(a) the notice of appeal; and
(b) the Recorder's records (if any) relating to the decision or order appealed against; and
(c) a note of the names and addresses of all interested persons.
(6)  The Tribunal must give written notice of the appeal, and the time and place appointed by the Tribunal for hearing the appeal, to all interested persons.
(7)  In the case of an order made by the Recorder under Part 9  –
(a) the order cannot be challenged except by way of an appeal under this Part; and
(b) the Recorder is not to be a party to the appeal.