New South Wales Consolidated Acts

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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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