Australian Capital Territory Numbered Acts

LAND (PLANNING AND ENVIRONMENT) (NO. 85 OF 1996) - SECT 80

80. Section 276 of the Principal Act is amended—

        (a)     by omitting subsection (1) and substituting the following subsection:

“(1) A person may apply to the Administrative Appeals Tribunal for a review of a decision of the relevant authority to approve an application under section 230 or 245 if—

        (a)     the person making the application is—

              (i)     a person who objected under section 237; or

              (ii)     a person who the Administrative Appeals Tribunal has reasonable grounds for believing was, in the circumstances, unable to object within the prescribed period;

        (b)     the rights of the person are substantially and adversely affected by the decision; and

        (c)     the application is made within 28 days after the day on which the person was notified of the decision.”;

    (b)     by inserting in subsection (4) “substantially and adversely” before “affected”;

    (c)     by omitting subsection (5) and substituting the following subsection:

“(5) A person is not entitled to make an application under this section if the relevant authority has issued a certificate that an Environmental Impact Statement made, or an Inquiry conducted, under Part IV has substantially dealt with the matters forming the basis of the relevant authority's decision to give the applicant approval to undertake the development.”; and

    (d)     by omitting from subsection (7) “paragraph (5) (a)” and substituting “subsection (5)”.