LOCAL GOVERNMENT ACT 1995 - SECT 9.9

LOCAL GOVERNMENT ACT 1995 - SECT 9.9

9.9 .         Suspension of effect of decision

        (1)         If an objection has been lodged against a decision or an application has been made under this Division for a review of the decision, the effect of the decision is suspended until the person or tribunal authorised to deal with the objection or application has decided how to dispose of it unless —

            (a)         the person or tribunal orders that the suspension be revoked; or

            (b)         the local government considers that —

                  (i)         there are urgent reasons why the effect of the decision should not be suspended; or

                  (ii)         suspension of the effect of the decision is reasonably likely to endanger the safety of any person, cause damage to property, or to create a serious public nuisance.

        (2)         A council or committee cannot order, under subsection (1)(a), that the suspension of a decision be revoked unless it considers that —

            (a)         there are urgent reasons why the effect of the decision should not be suspended; or

            (b)         suspension of the effect of the decision is reasonably likely to endanger the safety of any person, cause damage to property, or to create a serious public nuisance.

        (3)         As soon as a local government makes a decision under subsection (1)(b), it is to give the affected person notice in writing stating its reasons.

        [Section 9.9 amended: No. 64 of 1998 s. 50; No. 55 of 2004 s. 706.]