Australian Capital Territory Numbered Acts

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LAND (PLANNING AND ENVIRONMENT) ACT (NO. 100 OF 1991) - SECT 276

Review—objectors, third parties

276. (1) Application for a review of—

        (a)     a decision of the Minister to approve an application under section 230 or 245;

        (b)     a decision of a concurring authority not to object to the approval of an application under section 235; or

        (c)     a decision of the Executive to approve an application under section 240 or 241;

may be made by a person to the Tribunal within 14 days after the day on which the person was notified of the decision if—

        (d)     the person making the application is a person who objected under section 237; or

        (e)     the Tribunal has reasonable grounds for believing that the applicant was, in the circumstances, unable to object to the making of the decision within the prescribed period.

(2) A notice given under section 243 to a person who objected under section 237 shall—

        (a)     include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989 , application may be made to the Tribunal, within 14 days after the date of the decision, 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.

(3) 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 (2).

(4) If regulations are made for the purposes of subsection 229 (8) then, in respect of a decision in respect of which those regulations apply (other than in respect of a matter to which subsection (5) of this section applies), subsection (1) of this section does not apply, and any person whose interests are affected by the decision may apply to the Tribunal for a review of the decision.

(5) A person is not entitled to make an application under this section if—

        (a)     the Minister has issued a certificate that, an Environmental Impact Statement made, or an Inquiry conducted, under Part IV, has substantially dealt with matters forming the basis of the Minister's decision to give the applicant approval to conduct a controlled activity; or

        (b)     circumstances are specified in the Plan pursuant to paragraph 7 (3) (c).

(6) At the hearing of a proceeding before the Tribunal, the Tribunal shall have regard to—

        (a)     any decisions or recommendations of a Committee of the Legislative Assembly in relation to; and

        (b)     any Environmental Impact Statement made, or Inquiry conducted into;

a matter which is in issue in the hearing.

(7) A certificate under paragraph (5) (a) shall be tabled in the Legislative Assembly on the first sitting day of the Assembly after the date of the certificate.



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