Australian Capital Territory Numbered Acts

LAND (PLANNING AND ENVIRONMENT) ACT (NO. 100 OF 1991) - SECT 275

275. (1) This section applies to—

        (a)     a decision of the Minister—

              (i)     refusing to approve an application under subsection 228 (2);

              (ii)     refusing to give an approval under section 230;

              (iii)     refusing to grant an extension of a period under subsection 233 (3);

              (iv)     refusing to exclude the identity of an objector under section 239;

              (v)     giving an approval under section 245 subject to conditions;

              (vi)     refusing to give an approval under subsection 245 (4);

              (vii)     refusing to amend an approval under section 247;

              (viii)     refusing to extend time under section 252; or

              (ix)     revoking an approval under section 253;

        (b)     a decision of a concurring authority under paragraph 235 (1) (b) or (c); and

        (c)     a decision of the Executive under section 240 or 241.

(2) Where the Minister, a concurring authority or the Executive, as the case may be, makes a decision to which this section applies, the person who made the application in respect of which the decision was made may apply to the Tribunal for a review of the decision.

(3) Where—

        (a)     an approval that is in force contains a condition that a specified controlled activity is to be conducted to the satisfaction of the Minister or a specified person or body; and

        (b)     the Minister or that specified person or body makes a decision that the activity has not been conducted to the satisfaction of the Minister or that person or body;

the applicant to whom the decision relates may apply to the Tribunal for a review of the decision.

(4) Where the Minister, a concurring authority or the Executive makes a decision of a kind to which this section applies, the Minister shall cause notice in writing of the decision to be given to the applicant.

(5) Where the Minister or a person or body referred to in subsection (3) makes a decision of a kind referred to in that subsection, the Minister, or the person or body making the decision shall cause notice in writing of the decision to be given to the applicant to whom the decision relates, as the case requires.

(6) A notice under subsection (4) or (5) shall—

        (a)     include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989 , an application may be made to the Tribunal for a review of the decision to which the notice relates; and

        (b)     except where subsection 26 (11) of that Act applies—include a statement to the effect that a person whose interests are affected by the decision may request a statement pursuant to section 26 of that Act.

(7) The validity of a decision to which this section applies is not to be taken to be affected by a failure to comply with subsection (6).