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TORRES STRAIT ISLANDER LAND ACT 1991 - SECT 28S
Decision on application
28S Decision on application
(1) The trustee must consider the application and decide to approve or refuse
the application.
(2) However, if a dwelling is situated on the available land
the subject of the application, the trustee— (a) must not decide the
application until the trustee receives a notice from the housing chief
executive under section 28R (3) ; and
(b) must refuse the application if the
notice states the dwelling is a social housing dwelling and the housing chief
executive does not consent to the applicant making the application.
(3) The
trustee may approve the application only if the trustee is reasonably
satisfied— (a) the applicant is an eligible person for the available land
the subject of the application; and
(b) if there is more than 1 interest
holder for the available land and all interest holders are eligible persons,
either— (i) all interest holders for the available land have made the
application; or
(ii) all interest holders for the available land have
consented to the applicant making the application; and
(c) if there is more
than 1 interest holder for the available land and paragraph (b) does not
apply—all interest holders for the available land have consented to the
applicant making the application; and
(d) if there is a mortgage over the
available land—the mortgagee has consented to the applicant making the
application.
(4) If the trustee is reasonably satisfied of the matters
mentioned in subsection (3) , the trustee must approve the application.
(5)
If the trustee decides to refuse the application, the trustee must give the
applicant an information notice for the decision.
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