has applied for a permit or requested a permit to be amended may apply to the Victorian Civil and Administrative Tribunal for review of a decision of the Council or referral authority to refuse to make the statement. (3) A reference in subsection (2) to a decision to refuse to make a statement includes a reference to a failure to make the statement within the prescribed time. (4) A reference in subsection (1) or (2) to a decision to refuse to do a thing includes a reference to a failure to do that thing. (5) An applicant under section 44(4A), (5), (5A) or (5B) may apply to the Victorian Civil and Administrative Tribunal for review of a refusal of the Council to consent to the application. (6) Without limiting its powers on review, if the Tribunal finds that a Council or referral authority has unreasonably refused or failed to take any action, the Tribunal may order that the action be carried out by another person, wholly or partly, at the cost of the Council or referral authority. S. 41 41 Application for declaration amended by No. 47/1989 (1) A person may apply to the Victorian Civil and s. 16, Administrative Tribunal for a declaration repealed by No. 12/1989 concerning any matter that could form the subject s. 4(1)(Sch. 2 of an application to that Tribunal under this Act item 114.1) (as amended by (except an application under section 39). No. 53/1988 s. 45 (as (2) On an application under subsection (1) the amended by Tribunal may make any declaration it thinks No. 47/1989 s. 23)), appropriate in the circumstances. new s. 41 inserted by (3) The Tribunal's power to make a declaration under No. 52/1998 this section is exercisable only by a presidential s. 311(Sch. 1 item 86.6). member of the Tribunal.
has applied for a permit or requested a permit to be amended may apply to the Victorian Civil and Administrative Tribunal for review of a decision of the Council or referral authority to refuse to make the statement. (3) A reference in subsection (2) to a decision to refuse to make a statement includes a reference to a failure to make the statement within the prescribed time. (4) A reference in subsection (1) or (2) to a decision to refuse to do a thing includes a reference to a failure to do that thing. (5) An applicant under section 44(4A), (5), (5A) or (5B) may apply to the Victorian Civil and Administrative Tribunal for review of a refusal of the Council to consent to the application. (6) Without limiting its powers on review, if the Tribunal finds that a Council or referral authority has unreasonably refused or failed to take any action, the Tribunal may order that the action be carried out by another person, wholly or partly, at the cost of the Council or referral authority. S. 41 amended by No. 47/1989 s. 16, repealed by No. 12/1989 s. 4(1)(Sch. 2 item 114.1) (as amended by No. 53/1988 s. 45 (as amended by No. 47/1989 s. 23)), new s. 41 inserted by No. 52/1998 s. 311(Sch. 1 item 86.6). 41 Application for declaration (1) A person may apply to the Victorian Civil and Administrative Tribunal for a declaration concerning any matter that could form the subject of an application to that Tribunal under this Act (except an application under section 39). (2) On an application under subsection (1) the Tribunal may make any declaration it thinks appropriate in the circumstances. (3) The Tribunal's power to make a declaration under this section is exercisable only by a presidential member of the Tribunal.
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