SUBDIVISION (PROCEDURES) REGULATIONS 2011 (SR NO 112 OF 2011) - REG 39 Time to apply for review

SUBDIVISION (PROCEDURES) REGULATIONS 2011 (SR NO 112 OF 2011) - REG 39

    (1)     An application to the Tribunal under section 40(1) of the Act for review of a Council's decision to refuse to issue a statement of compliance may be made within 30 days after the day on which the applicant is served by post with the notice of the decision.

    (2)     An application to the Tribunal under section 40(1) of the Act for review of a Council's failure to issue a statement of compliance may be made within 30 days after the 21st day after the day on which the applicant requests the Council to issue the statement of compliance, if the request to the Council was made at the same time as, or after, the applicant gives the Council—

        (a)     the prescribed information under section 21(1)(a) of the Act; and

        (b)     any evidence on which the applicant proposes to rely to satisfy the Council that either all the requirements of and under Part 3 of the Act and the Planning and Environment Act 1987 that relate to public works have been met or that there is an agreement to secure compliance with those requirements.

    (3)     Subject to subregulation (1), an application to the Tribunal under section 40 of the Act for review of a decision to refuse to do a thing or a decision to impose a requirement may be made within 30 days after—

        (a)     the day on which the applicant is given written reasons for the decision; or

        (b)     if, 7 days after the end of any prescribed time by which the reasons for the decision must be given to the applicant, the applicant has not received those written reasons the day on which the applicant becomes aware of the decision.

    (4)     Subject to subregulation (2), an application to the Tribunal under section 40 of the Act for review of the failure to do a thing may be made within 30 days after the 7th day after the day on which the applicant requests the Council or referral authority to do the thing, if the request to the Council or referral authority was made after the expiry of the time prescribed by these Regulations within which that thing must be done.

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