Decision Letter - Change to an Existing Approval - 010.2007.00001173.03 [As Published] · 142007.1173.03

   2007/1173




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2007/1173

 

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(2): An ae ‘under* Subsection {1)(a) must bé’ ‘started within 20 business days at r the day nétice of. ine “ .

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* a ‘| Notice
Tee : Change to ah in existing approval
Division 9 - Angeals to court about other matters, - ey ne cae woah

* 4.1.31: Appeals for matters arising after approval! given’ (no co-respondents) *
(1) A person to whom any of the following | ‘notices have been given may appeal to the court agains! the * +
decision in the notice - - " a orn
(a) anotice giving a decision ona request to change ‘ or r cancel a condition of a 2 development approval;
«(b) a notice under section 3.5. 33A(9)(b) 6 or 6.1:44 giving: ‘a decision to change or cance a condition of a

 

    

a development approval... . foe te ial 7 a
(2) The appeal must be started waitin 20 cases days afer day the notice of the decision is given t.
a the person. * ar . Got ie ET Es me pee
an “ a we toy ye tr SS S
4.1.32 Appeats against enforcement notices “et a
(4) A person who is given an enforcement notice may appeal to the court “Against the giving of the notice. * .
(2) The appeal ae be ‘Started ea 20 ‘business days ne the day notice is given: sto me) Person. Ona

 

41. 33 "stay operat 1 of enjorcement tice.
“a The lodging of a notice of appeal about an V enforcermefit notice stays the ‘operation’ “of the Sntorcement *
notice until - *
(a) the court, on the application of the entity i issuing the notice, decides otherwise; or
. -{b) the appeal is withdrawn; org
= (c)-the appeal is dismissed. . i Ask
(2) However; subsection (1) does | ‘not apply if the enfoféement notice is “about a

             

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a‘. - (a) awork, if the enforcement notice states the entity believes ae work i isad Inger to petéoris or a risk

to public health; oO se ore oe 5 “ Gi

(b) ‘carrying out development that is the demolition of a work. . . a.

 

44.36 Appeals against decisions on compensation claims + bat

(1) A person who is dissatisfied with a decision under section 5.4.8 or 5.5.3 for the payment of .
compensation may appeal to the court against -
(a) the decision; or
(b) a deemed refusal of the claim.

(2) An appeal under subsection (1)(a) must be started with 20 business days after the day notice of the
decision is given to the person.

(3) An appeal under subsection (1)(b) may be started at any time after the last day a decision on p the, matter
Should have been made.

4.1.35 Appeals against decisions on requests to acquire pesionetee! land under hardship
(1) A person who is dissatisfied with a designator's decision to refuse a request made) by the person under
“section 2.6.19, may appeal to the court against - a . . ‘ .
* te (ay 7“ the’decision;: or . * re ae aaa
1 (b)2 ° . . adeemed'refusal of the request.

      

. decisions given, to the person: .
*(3) An appeal under subsection (1)(b) imay be started at any time nee the last’ on a decision on the matter .
should ‘have been made. ~ . aia wg

4.1.37 Appeals from tribunals oa
(1) A party to a proceeding decided by a tribunal may appeal to the couirt against ‘the tribunal's decision, ‘but -*

only on the ground - D

(a) of error or mistake in law on the part of the tribunal; or
(b) that the tribunal had no jurisdiction to make the decision or exceeded its jurisdiction in making the
decision. .
(2) An appeal against a tribunal's decision must be started within 20 business days after the day notice of
the tribunal’s decision is given to the party. .

4.1.38 Court may remit matter to tribunal
If an appeal includes a matter within the jurisdiction of a tribunal and the court is satisfied the matter should
be dealt with by a tribunal, the court must remit the matter to the tribunal for decision. a

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