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STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 94
Investigation of application
94 Investigation of application
(1) The Secretary may decide to proceed with an investigation of an
application for assistance or, having proceeded with an investigation, decide
to discontinue the investigation.
(2) In making the decision, the Secretary
must have regard to whether, in the opinion of the Secretary-- (a) the
application is frivolous, vexatious, misconceived or lacking in substance, or
(b) the applicant has unreasonably delayed complying with a requirement for
further information, or
(c) investigation, or further investigation, is a
matter for a planning authority, or
(d) the applicant has an alternative and
better means of redress.
(3) The Secretary may have regard to other matters
the Secretary considers appropriate.
(4) If the Secretary decides to
investigate an application, the Secretary must-- (a) inform the applicant of
the decision, and
(b) inform the owners corporation of the decision and the
subject-matter of the investigation, unless the owners corporation is the
applicant, and
(c) inform the developer and the relevant planning authority
of the decision and the subject-matter of the investigation, and
(d) invite
each person referred to in paragraph (b) or (c), other than the applicant, to
give the Secretary a written submission about the subject-matter within a
specified period.
(5) If the Secretary decides not to investigate an
application or to discontinue an investigation, the Secretary must-- (a)
inform the applicant of the decision, and
(b) if the decision is to
discontinue an investigation--inform each other person the Secretary informed
of the original decision to investigate the application.
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