New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(1) In this section
"application" means an application to a local council or an accredited certifier for a strata certificate in respect of:(a) a proposed strata plan,(b) a proposed strata plan of subdivision,(c) a notice of conversion, or(d) a proposed amendment of a strata development contract.
(2) A local council or an accredited certifier to which an application is made shall cause notice of the decision on the application to be given to the applicant.
(2A) A notice of refusal by an accredited certifier to approve of an application must specify the grounds of refusal.
(3) A notice of refusal by a local council to approve of an application shall:(a) specify the grounds of refusal, and(b) indicate that the applicant has a right to appeal under subsection (4) against the refusal.
(4) Upon any refusal by a local council to approve of an application, upon approval by a local council of an application subject to a condition referred to in section 39 (1) or upon failure by a local council to notify its approval of an application to the applicant within a period of 14 days:(a) except as provided in paragraph (b), after receiving the application, or(b) in the case of an application for a strata certificate referred to in section 37 (2) where a notice was sent under section 37 (2), after the expiration of the time referred to in the notice,the applicant may:(c) within twelve months after the date on which he received notice of the local council's decision or after the expiration of that period of 14 days, as the case may be or within such longer period as the Land and Environment Court may in special circumstances allow,appeal to the Land and Environment Court.
(5) The decision of the Land and Environment Court upon any appeal under subsection (4) shall be deemed to be the final decision of the local council and shall be given effect to accordingly.