Australian Capital Territory Numbered Acts

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LAND (PLANNING AND ENVIRONMENT) (NO. 77 OF 1993) - SECT 19

Substitution

19. Section 213 of the Principal Act is repealed and the following sections are substituted:

“213. Application may be made to the Appeals Board for a review of a decision referred to in subsection 212 (1) or (2).

“213A. (1) Where the Minister makes a decision—

        (a)     under section 174 determining the value of improvements;

        (b)     under subsection 177 (3) confirming a variation of rent, or setting a variation of rent aside and substituting another variation; or

        (c)     refusing to authorise, under subsection 178 (1), the payment of an amount in respect of the surrender or termination of a lease;

he or she shall, within 28 days after the day of the decision, cause a notice in writing of the decision to be given to the lessee or former lessee, as the case requires.

“(2) Where the Executive makes a decision under section 184 determining the amount payable in respect of the increase in the value of a lease that would result from a proposed variation of the lease it shall, within 28 days after making the decision, cause a notice in writing of the decision to be given to the lessee.

“(3) A notice under subsection (1) or (2) shall—

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

        (b)     except where subsection 26 (11) of that Act applies—include a statement to the effect that the person to whom the notice is given may request a statement pursuant to section 26 of that Act.

“(4) The validity of a decision referred to in subsection (1) or (2) is not to be taken to be affected by a failure to comply with subsection (3).

“213B. Application may be made to the Administrative Appeals Tribunal for a review of a decision referred to in subsection 213A (1) or (2).”.



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