PLANNING AND ENVIRONMENT ACT 1987 - SECT 83B Notice if permit application was made without notice

PLANNING AND ENVIRONMENT ACT 1987 - SECT 83B

    (1)     If the President of the Tribunal is satisfied that notice of an application for a permit was not given or that notice is not adequate, he or she may direct—

        (a)     an applicant for review of a decision to grant or to refuse to grant, or a failure to grant, the permit—

              (i)     to serve a copy of the application for review on any specified person; or

              (ii)     to publish a notice of the application for review in the manner and within the time specified by the President; or

              (iii)     to do both (i) and (ii); or

S. 83B(1)(b) amended by No. 3/2013 s. 62(1).

        (b)     the responsible authority, at the expense of the applicant for review, to give or publish notice of the application for review to the persons, in the manner and within the time specified by the President; or

S. 83B(1)(c) inserted by No. 3/2013 s. 62(2).

        (c)     the applicant for a permit to give or publish notice of the application for review to the persons, in the manner and within the time specified by the President.

    (2)     The President may give a direction under subsection (1) whether or not the Tribunal has begun to hear the review.

    (3)     If an applicant for review of a decision to refuse to grant, or a failure to grant, a permit fails to comply with a direction under subclause (1)(a) the application for review lapses.

    (4)     A notice given or published under this section is to be in the form and contain the matters—

        (a)     specified by the rules of the Tribunal; or

        (b)     as directed by the President.

    (5)     This section does not permit the Tribunal to require notice to be given to a person if under a planning scheme the person is not entitled to apply to the Tribunal under section 82 for a review of a decision to grant the permit.