Administrative Appeals Tribunal (Planning Appeals) Regulations 1997
i
Administrative Appeals Tribunal (Planning
Appeals) Regulations 1997
S.R. No. 87/1997
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1. Objective 1
2. Authorising provisions 1
3. Definitions 2
PART 2—INSTITUTION OF APPEALS 3
Division 1—Appeals under the Subdivision Act 1988 3
4. Definitions 3
5. Application for leave—section 36 4
6. Referral of disputes—section 39 5
7. Appeals—section 40 6
Division 2—Appeals under the Planning and Environment Act 1987 9
8. Definition 9
9. Action under section 39(1) of the Act 9
10. Appeal under section 77 of the Act 10
11. Appeal under section 78(a) of the Act 10
12. Appeal under section 78(b) of the Act 10
13. Appeal under section 79 of the Act 10
14. Appeal under section 80 of the Act 10
15. Appeal under section 81 of the Act 11
16. Appeal under section 82(1) of the Act 11
17. Requests under sections 87 and 89 of the Act 11
18. Application under section 114 of the Act 12
19. Application under section 184 of the Act 13
Division 3—Appeals under the Environment Protection Act 1970 14
20. Appeals under the Environment Protection Act 14
PART 3—FORMS 15
21. Forms 15
22. Notice to be signed 16
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ii
23. Form of statement under section 33(2) 16
24. Form of statement under section 36(1) 16
PART 4—GENERAL 17
25. Savings 17
__________________
SCHEDULE 1 18
FORM 1—Notice of Appeal 18
FORM 2—Claim 21
FORM 3—Application for Declaration 22
FORM 4—Statement Relating to Appeal 23
FORM 5—Statement of the Grounds to be Relied on by Objector 24
═══════════════
NOTES 25
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1
STATUTORY RULES 1997
S.R. No. 87/1997
Administrative Appeals Tribunal Act 1984
Planning Appeals Act 1980
Subdivision Act 1988
Administrative Appeals Tribunal (Planning
Appeals) Regulations 1997
The Governor in Council, on the recommendation of the
Minister administering the Subdivision Act 1988, makes the
following Regulations:
Dated: 26 August 1997
Responsible Minister:
JAN WADE
Attorney-General
SHARNE BRYAN
Clerk of the Executive Council
PART 1—PRELIMINARY
1. Objective
The objective of these Regulations is to remake
with amendments the Administrative Appeals
Tribunal (Planning Appeals) Regulations 1987.
2. Authorising provisions
These Regulations are made under sections 31(1)
and 66 of the Administrative Appeals Tribunal
Act 1984, section 43 of the Subdivision Act
1988, section 202 of the Planning and
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Environment Act 1987 and sections 33 and 36 of
the Planning Appeals Act 1980.
3. Definitions
Words and expressions used in these Regulations
and defined in the Planning Appeals Act 1980
have the same meaning as in that Act.
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PART 2—INSTITUTION OF APPEALS
Division 1—Appeals under the Subdivision Act 1988
4. Definitions
In this Division—
"Act" means the Subdivision Act 1988;
"appropriate prescribed time" means—
(a) for an appeal against a refusal or failure
to certify a plan, the prescribed time for
the purpose of section 6(2) of the Act;
or
(b) for an appeal against a refusal to
consent to a plan or against a
requirement of a referral authority that
a plan be altered, the prescribed time
for the purpose of section 9(1) of the
Act; or
(c) for an appeal against a requirement of a
Council that a plan be altered, the
prescribed time for the purpose of
section 10(1) of the Act; or
(d) for an appeal against a refusal to
consent to the amendment of a plan or
against a requirement of a referral
authority that an amended plan be
altered, the prescribed time for the
purpose of section 11(3) of the Act; or
(e) for an appeal against a refusal or failure
to re-certify an amended plan or to
certify a new plan under section 11(7)
of the Act, the prescribed time for the
purpose of that sub-section; or
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(f) for an appeal against a refusal or failure
of a Council or referral authority to
approve an engineering plan or against
a requirement of a Council or referral
authority that an engineering plan be
altered, the prescribed time for the
purpose of section 15(2) of the Act;
"Council" means the Council of the municipal
district in which the land in the plan is
located.
5. Application for leave—section 36
(1) An owner may apply to the Tribunal for leave
under section 36 of the Act by lodging an
application with the Registrar with a copy of any
relevant plan or document and serving a copy of
the application and the plan or document on the
Registrar of Titles, the Council and, if section
36(1)(e) of the Act applies, the owner served with
a notice of intention to apply referred to in sub-
regulation (2).
(2) An application under section 31(1)(e) may be
made within 30 days after the day on which the
applicant gives to the owner of the land burdened
or to be burdened by the easement to be removed
or acquired a notice of intention to apply.
(3) The application must contain—
(a) the name and address of the applicant; and
(b) the date on which the applicant gave notice
of intention to apply under sub-regulation
(2); and
(c) the name of the municipal district in which
the land the subject of the application is
located; and
(d) a description (sufficient for identification) of
the land burdened or benefited or to be
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burdened or benefited by the easement to be
removed or acquired; and
(e) the names and addresses of the owners of the
land referred to in paragraph (d); and
(f) the statement of the Council or referral
agency under section 36(1) of the Act; and
(g) a statement that the application is made
under section 36 of the Act; and
(h) a statement indicating whether leave is
sought to remove a right of way or to remove
or acquire the easement.
(4) At or before the hearing of an application under
section 36 of the Act, the Registrar of Titles or a
person nominated by the Registrar of Titles, may
make a written or oral submission on the
application to the Tribunal and the Tribunal may
take that submission into account in making its
determination.
6. Referral of disputes—section 39
(1) An owner, an applicant under the Act, a Council
or a referral authority may refer a dispute to the
Tribunal under section 39 of the Act by—
(a) lodging with the Registrar a notice of referral
and a copy of any relevant plan, agreement
or document; and
(b) serving a copy of the notice of referral and
the plan, agreement or document on each
other party to the dispute.
(2) A person may refer a dispute under section 39 of
the Act within 30 days after the day on which the
person gives to each other party to the dispute
notice of intention to refer the dispute or, if
different parties are notified on different dates, the
day on which the last notice is given.
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(3) The notice of referral must contain—
(a) the name and address of the person who
referred the dispute; and
(b) the name and address of each party to the
dispute; and
(c) a description of any land to which the
dispute relates that is sufficient to identify
the land; and
(d) the date or dates on which the person gave
notice of intention to refer under sub-
regulation (2); and
(e) a description of the nature of the dispute and
the remedy sought; and
(f) a statement that the dispute is referred under
section 39 of the Act.
7. Appeals—section 40
(1) An appeal under section 40 of the Act may be
instituted by—
(a) lodging with the Registrar a notice of appeal
and any relevant plan, agreement or other
document; and
(b) serving a copy of the notice; plan, agreement
or document on
(i) the person or body whose refusal,
failure or requirement is the subject of
the appeal; and
(ii) if that person or body is not the
Council, the Council.
(2) The appeal may be instituted within 30 days
after—
(a) for an appeal against a refusal to issue a
statement of compliance, the day on which
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the appellant becomes aware of the refusal;
or
(b) for an appeal against a failure to issue a
statement of compliance, the 21st day after
the day on which the appellant requests the
Council to issue the statement of
compliance, being a request made at the
same time as, or after, the appellant gives to
the Council—
(i) the prescribed information for the
purposes of section 21(1)(a) of the Act;
and
(ii) all the evidence on which the appellant
proposes to rely to satisfy the Council
that all the requirements of and under
Part 3 of the Act and the Planning and
Environment Act 1987 that relate to
public works have been met or that
there is an agreement to secure
compliance with those requirements; or
(c) for an appeal against any other refusal or
against a requirement—
(i) the day on which the appellant receives
written reasons for the refusal or
requirement; or
(ii) if within 7 days after the end of the
appropriate prescribed time, the
appellant has not received those written
reasons, the day on which the appellant
becomes aware of the refusal or
requirement; or
(d) for an appeal against any other failure to take
action, the 7th day after the day on which the
appellant requests the Council or referral
authority to take the action, being a request
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made at or after the end of the appropriate
prescribed time.
(3) The notice of appeal must contain—
(a) the name and address of the appellant; and
(b) the name of the Council or referral authority
to which the appeal relates; and
(c) a description of the land to which the appeal
relates that is sufficient to identify the land;
and
(d) details of all dates relevant to determine the
period within which the appeal may be
instituted, including, but not limited to the
following—
(i) the date on which the appellant
received written reasons for the refusal
or requirement appealed against;
(ii) the date on which the appellant became
aware of the refusal or requirement
appealed against;
(iii) the date on which the appellant made
any request relevant to the appeal;
(iv) the date on which the appropriate
prescribed time ended;
(v) the date or dates on which the appellant
gave to the Council information and
evidence referred to in sub-regulation
(2)(b); and
(e) a statement of the grounds of the appeal; and
(f) a statement of the precise provision of the
Act under which the appeal is made.
(4) For the purposes of section 40(4) of the Act—
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(a) a Council or referral authority must notify
the Registrar of its decision by lodging with
the Registrar a notice giving details of the
decision, within 14 days after the day on
which the decision is made; and
(b) the Registrar must notify the appellant by
serving on the appellant a copy of any notice
lodged under paragraph (a) within 14 days
after the date of lodgment of the notice.
(5) For the purpose of section 40(5) of the Act the
prescribed time is 14 days after the day on which
the appellant is given notice of the decision under
sub-regulation (4)(b).
Division 2—Appeals under the Planning and Environment
Act 1987
8. Definition
In this Division "Act" means the Planning and
Environment Act 1987.
9. Action under section 39(1) of the Act
(1) A person may refer a matter under section 39(1)
of the Act by lodging a notice of referral with the
Registrar within 30 days after the person became
aware of the alleged failure to comply.
(2) A notice of referral under sub-regulation (1) must
contain—
(a) the person's name and address; and
(b) the date on which the person became aware
of the alleged failure to comply; and
(c) the name of the Minister, planning authority
or panel alleged to have failed to comply
with Division 1, 2 or 3 of Part 3 or Part 8 of
the Act; and
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(d) a short description of the alleged failure; and
(e) a statement of how the person bringing the
action has been substantially or materially
affected by the alleged failure.
10. Appeal under section 77 of the Act
An applicant for a permit may appeal under
section 77 of the Act by lodging a notice of appeal
with the Registrar within 60 days after the
responsible authority gave notice under section 65
of the Act.
11. Appeal under section 78(a) of the Act
An applicant for a permit may appeal under
section 78(a) of the Act by lodging a notice of
appeal with the Registrar within 30 days after the
responsible authority required the applicant to
give notice under section 52(1)(d) of the Act.
12. Appeal under section 78(b) of the Act
An applicant for a permit may appeal under
section 78(b) of the Act by lodging a notice of
appeal with the Registrar within 60 days after the
responsible authority required the applicant to
provide more information under section 54(1) of
the Act.
13. Appeal under section 79 of the Act
An applicant for a permit may appeal under
section 79 of the Act by lodging a notice of appeal
with the Registrar.
14. Appeal under section 80 of the Act
An applicant for a permit may appeal under
section 80 of the Act by lodging a notice of appeal
with the Registrar within 60 days after—
(a) the permit was issued; or
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(b) the responsible authority gave notice under
section 64 of the Act.
15. Appeal under section 81 of the Act
A person may appeal under section 81 of the Act
by lodging a notice of appeal with the Registrar
within 60 days after—
(a) the decision of the responsible authority
referred to in section 81(a) or (aa) of the Act;
or
(b) the failure of the responsible authority to
extend the time within one month after the
request for extension is made referred to in
section 81(b) of the Act.
16. Appeal under section 82(1) of the Act
An objector may appeal under section 82(1) of the
Act by lodging a notice of appeal with the
Registrar within 21 days after the responsible
authority gave notice to the objector under section
64 of the Act.
17. Requests under sections 87 and 89 of the Act
(1) A request under section 87(3) or 89 of the Act
must be lodged with the Registrar.
(2) A request referred to in sub-regulation (1) must
include—
(a) the name and address of the person making
the request; and
(b) whether the request is made as the
responsible authority, a person under section
89 of the Act, a referral authority or the
owner or occupier of the land; and
(c) a description of the land sufficient to readily
identify it; and
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(d) the name of the responsible authority if it is
not making the request; and
(e) if known by the person making the request—
(i) the name of any referral authority; and
(ii) if the request is not made by the owner
or occupier, the names and addresses of
the owner and the occupier of the land;
and
(f) the date on which the person making the
request had notice of the facts relied on in
support of the request; and
(g) the facts relied on in support of the request.
(3) For the purposes of section 89(2) of the Act, if a
request referred to in sub-regulation (1) is made
by a person under section 89 of the Act, the
request must also include—
(a) if the person was not given notice of the
application, why the person believes the
person should have been given notice; or
(b) how the person believes the person has been
adversely affected by a matter in section
89(1)(b) of the Act.
18. Application under section 114 of the Act
(1) An application under section 114 of the Act must
be lodged with the Registrar.
(2) For the purposes of section 114(2) of the Act the
prescribed information an application referred to
in sub-section (1) must contain is—
(a) the name and address of the applicant; and
(b) a description of the land sufficient to readily
identify it; and
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(c) the name of the responsible authority if not
the applicant; and
(d) the names and addresses of the owner and
the occupier of the land; and
(e) the name and address of each of the persons
against whom the order is sought; and
(f) how the use or development contravenes, or
will contravene, the Act, a planning scheme,
a condition of a permit, or an agreement
under section 173 of the Act; and
(g) the nature of the enforcement order applied
for.
(3) For the purposes of section 114(2) of the Act, an
application under sub-regulation (1) the
prescribed manner of verification is—
(a) if the applicant is a responsible authority, by
being executed by an officer of the
responsible authority authorised for that
purpose; or
(b) if the applicant is not the responsible
authority, by being signed by the applicant in
the presence of an adult witness who signs as
a witness and who sets out his or her address.
19. Application under section 184 of the Act
(1) An application under section 184(1) or (3) of the
Act may be lodged with the Registrar within 60
days after the applicant was given a copy of the
proposed agreement.
(2) An application referred to in sub-regulation (1)
must include—
(a) the name and address of the applicant; and
(b) details of the particular provisions objected
to in the proposed agreement; and
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(c) a statement of any modifications or
alterations that the owner is prepared to
accept.
(3) An application referred to in sub-regulation (1)
must be accompanied by a copy of the proposed
agreement.
Division 3—Appeals under the Environment Protection Act
1970
20. Appeals under the Environment Protection Act
(1) An appeal under section 33, 33A, 34, 35, 36A,
36B or 36C of the Environment Protection Act
1970 may be instituted by—
(a) lodging a notice of appeal with the Registrar;
and
(b) serving a copy of the notice of appeal on the
Environment Protection Authority or
protection agency, as the case may be.
(2) An appeal under section 33B of the Environment
Protection Act 1970 may be instituted by lodging
a notice of appeal with the Registrar and serving
copies of the notice of appeal—
(a) on the applicant or licence holder, as the case
may be; and
(b) on the Environment Protection Authority or
protection agency, as the case may be.
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PART 3—FORMS
21. Forms
(1) Notice of appeal for any appeal under the
Planning and Environment Act 1987 must be in
Form 1 of Schedule 1
(2) A proceeding under section 15(1), 16 or 157(1) of
the Water Act 1989 or section 74(1) of the
Water Industry Act 1994 must be in Form 2 of
Schedule 1.
(3) An application under section 14 of the Planning
Appeals Act 1980 must be in Form 3 of Schedule
1.
(4) A notice of appeal relating to any appeal, other
than an appeal referred to in sub-regulation (1),
need not be in any particular form but must be in
writing and contain the particulars required by any
other provision of these Regulations or, if no
particulars are required by any other provision,
full particulars of—
(a) the name of the Act and the provision thereof
under which the appeal is instituted; and
(b) the precise matter to which the appeal
relates; and
(c) the name of the appellant; and
(d) the grounds upon which the appeal is
instituted.
(5) Except where a form is prescribed by reference to
a Schedule, any action, appeal, application,
request or referral to the Planning division must
be headed—
"ADMINISTRATIVE APPEALS TRIBUNAL
(PLANNING APPEALS) REGULATIONS 1997
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ADMINISTRATIVE APPEALS TRIBUNAL OF
VICTORIA
PLANNING DIVISION".
22. Notice to be signed
Subject to any provision in any Act or these
Regulations that provides otherwise, an action, an
application, a notice of appeal, a request or a
referral must be signed by the person taking the
action, or making the application, appeal, request
or referral or by a person authorised in writing by
the person to sign on his, her or its behalf.
23. Form of statement under section 33(2)
For the purposes of section 33(2) of the Planning
Appeals Act 1980 the prescribed form of
statement is Form 4 of Schedule 1.
24. Form of statement under section 36(1)
A statement under section 36(1) of the Planning
Appeals Act 1980 may be in Form 5 of Schedule
1.
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PART 4—GENERAL
25. Savings
Despite the revocation of the Administrative
Appeals Tribunal (Planning Division) Regulations
19871 , the procedures set out in regulation 8 of
those Regulations applies to any appeal to the
Tribunal under the Local Government Act 1958
set out in that regulation.
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SCHEDULE 1
FORM 1
(Regulation 21(1))
Planning and Environment Act 1987
Administrative Appeals Tribunal Act 1984
Planning Appeals Act 1980
Administrative Appeals Tribunal (Planning Appeals) Regulations 1997
NOTICE OF APPEAL
A. DETAILS OF APPELLANT
Name
Address
Postcode Telephone No.
[If a number of people appeal jointly, the name and address of a person to
whom notices are to be sent should be clearly indicated. If no indication is
given, notice will be sent to ONE of those people]
B. INTEREST OF APPELLANT IN
APPLICATION [e.g. applicant, objector, owner of
land, occupier of land]
C. DETAILS OF LAND AND TITLE
PARTICULARS
[title particulars are not required if a street number
and name is supplied]
Application No.
No. Street Locality Municipality
Crown
Allot. No.
Section Crown
Township
or Parish
Lot No. Lodged
Plan
No.
Title
Volume
Title Folio
D. USE OR DEVELOPMENT FOR WHICH A PERMIT WAS
SOUGHT
Form 1
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E. THIS APPEAL IS AGAINST—
a decision to grant a permit (i.e. an appeal under section 82(1)
of the Planning and Environment Act 1987).
a decision to refuse to grant a permit (i.e. an appeal under
section 77 of the Planning and Environment Act 1987).
conditions in a permit issued or to be issued (i.e. an appeal
under section 80 of the Planning and Environment Act 1987).
a requirement to give notice of an application for a permit (i.e.
an appeal under section 78(a) of the Planning and
Environment Act 1987).
a requirement by the responsible authority for more information
(i.e. an appeal under section 78(b) of the Planning and
Environment Act 1987).
a requirement by the responsible authority to grant a permit
within the prescribed time (i.e. an appeal under section 79 of the
Planning and Environment Act 1987).
a decision of the responsible authority refusing to extend time
extend time (i.e. an appeal under section 81(a) or (aa) of the
Planning and Environment Act 1987).
the failure of the responsible authority to extend time (i.e. an
appeal under section 81(b) of the Planning and Environment
Act 1987).
F. GROUNDS OF APPEAL (required in all appeals except appeals
against failure to grant a permit).
1.
Form 1
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2.
3.
[Additional grounds may be attached]
Date Signature of Appellant
THIS FORM SHOULD BE LODGED WITH—
The Registrar, Administrative Appeals Tribunal
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Form 1
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FORM 2
(Regulation 21(2))
Administrative Appeals Tribunal Act 1984
CLAIM
under the *Water Act 1989/*Water Industry Act 1984
In the Administrative Appeals Tribunal No. of
Parties
Claimant
Respondent
The Claimant claims under [here specify the particular provision of Division
2 of Part 2 or section 157 of the Water Act 1989 or section 74(1) of the
Water Industry Act 1994 under which the claim is made and relief is being
sought.
STATEMENT OF THE CLAIM
[Set out the material facts relied on including dates and any necessary
particulars]
REMEDY SOUGHT
[Specify the remedy being sought]
The address at which all notices and documents in relation to the claim may
be served on the Claimant is—
Date 19 .
*Claimant/*Legal Practitioner for Claimant/*Agent for Claimant
* delete if inapplicable
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Form 2
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FORM 3
(Regulation 21(3))
Administrative Appeals Tribunal Act 1984
Section 14 of the Planning Appeals Act 1980
APPLICATION FOR DECLARATION
In the Administrative Appeals Tribunal No.
Parties
Applicant
Responsible Authority
Others likely to be affected
1. Application is made for a declaration in the following terms:
[Here state the terms of the declaration being sought]
2. The facts relied on as the basis for the declaration are—
(i) [Set out the facts relied on including those required to
establish the basis for the declaration being sought and
any other facts necessary to make clear the situation
giving rise to the need for a declaration or relied upon in
relation to discretionary considerations.]
(ii) [Additional facts may be attached]
3. The grounds relied on are—
(i) [Set out the grounds relied on if not adequately expressed
in the facts relied on in paragraph 2.]
(ii) [Additional grounds may be attached]
I seek a determination from the Tribunal that it make the declaration as
sought above or any other declaration that it thinks appropriate in the
circumstances.
Dated 19 .
*Applicant/*Legal Practitioner for Applicant/*Agent for Applicant
* Delete if inapplicable
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Form 3
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FORM 4
(Regulation 23)
Administrative Appeals Tribunal Act 1984
Section 33(2) of the Planning Appeals Act 1980
STATEMENT RELATING TO APPEAL
[Insert name and address of appellant] has appealed to the
Administrative Appeals Tribunal against the *grant of/*refusal/*failure
of the [insert name of responsible authority] to grant a permit/ for
[insert proposed use or development of land or the proposed doing or
carrying out of any matter or thing on or in relation to land ] on land
situated at [insert address or location of land].
#The grounds on which the [insert name of responsible authority]
refused to grant the permit were [insert grounds of refusal specified by
the responsible authority].
All persons who may be detrimentally affected by the grant of the
permit—
(a) will be entitled to be heard on the hearing of the
appeal if before [insert date], they notify the Registrar
of the Administrative Appeals Tribunal in writing
[insert postal address of Registrar] Melbourne that
they wish to be heard; and
(b) may apply in writing to the Administrative Appeals
Tribunal to be made a party to the appeal.
*Delete if inapplicable.
# Delete if inapplicable.
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Form 4
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FORM 5
(Regulation 24)
Administrative Appeals Tribunal Act 1984
Section 36(1) of the Planning Appeals Act 1980
STATEMENT OF THE GROUNDS TO BE RELIED ON BY OBJECTOR
DETAILS OF LAND AND TITLE
PARTICULARS
[title particulars are not required if a street number
and name is supplied]
Appeal No.
No. Street Locality Municipality
Name of objector:
Address:
Telephone (bus.):
What are the grounds on which you intend to rely at the hearing of
this appeal?
1.
2.
3.
[Additional grounds may be attached].
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Form 5
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S.R. No. 87/1997
Administrative Appeals Tribunal (Planning Appeals)
Regulations 1997
25
NOTES
1 S.R. No. 198/1987. Reprinted to S.R. No. 216/1990. Revoked by virtue of
the operation of section 5 of the Subordinate Legislation Act 1994.
Notes
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