s. 97P (3) The responsible authority may specify in a certificate referred to in section 97N(1)(b) any part of the use or development which would require a permit or is prohibited under the planning scheme at the date of the certificate. (4) The responsible authority must refuse to issue a certificate applied for under section 97N(1)(a) if the use or development or any part of the use or development would require a permit or is prohibited under the planning scheme. (5) The responsible authority must refuse to issue a certificate applied for under section 97N(1)(b) if the whole of the use or development would require a permit or is prohibited under the planning scheme. 97P Appeal against failure or refusal to issue certificate S. 97P inserted by No. 128/1993 s. 23. (1) An applicant for a certificate may apply to the S. 97P(1) amended by Tribunal for review of— No. 52/1998 s. 191(13)(a)(i). (a) a decision by the responsible authority to refuse to issue a certificate of compliance; or (b) the failure of the responsible authority to issue the certificate within the prescribed time. (2) After hearing an application, the Tribunal may— S. 97P(2) amended by No. 52/1998 (a) direct that a certificate must not be issued; or s. 191(13) (a)(ii). (b) direct the responsible authority to issue the certificate. (3) The responsible authority must comply with the S. 97P(3) amended by directions of the Tribunal. No. 52/1998 s. 191(13) (a)(iii).
(3) The responsible authority may specify in a certificate referred to in section 97N(1)(b) any part of the use or development which would require a permit or is prohibited under the planning scheme at the date of the certificate. (4) The responsible authority must refuse to issue a certificate applied for under section 97N(1)(a) if the use or development or any part of the use or development would require a permit or is prohibited under the planning scheme. (5) The responsible authority must refuse to issue a certificate applied for under section 97N(1)(b) if the whole of the use or development would require a permit or is prohibited under the planning scheme. S. 97P inserted by No. 128/1993 s. 23. 97P Appeal against failure or refusal to issue certificate s. 97P S. 97P(1) amended by No. 52/1998 s. 191(13)(a)(i). (1) An applicant for a certificate may apply to the Tribunal for review of— (a) a decision by the responsible authority to refuse to issue a certificate of compliance; or (b) the failure of the responsible authority to issue the certificate within the prescribed time. S. 97P(2) amended by No. 52/1998 s. 191(13) (a)(ii). (2) After hearing an application, the Tribunal may— (a) direct that a certificate must not be issued; or (b) direct the responsible authority to issue the certificate. S. 97P(3) amended by No. 52/1998 s. 191(13) (a)(iii). (3) The responsible authority must comply with the directions of the Tribunal.
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