s. 91 (2) The responsible authority must comply with the S. 91(2) directions of the Tribunal without delay. amended by No. 52/1998 s. 191(1). (2A) If the Tribunal directs the responsible authority to S. 91(2A) inserted by amend a permit, the responsible authority must No. 81/2004 issue an amended permit to the owner of land to s. 34. which the permit relates. (3) The Tribunal must not direct a responsible S. 91(3) amended by authority to cancel or amend a permit on a request No. 52/1998 under section 89(1) unless it is satisfied that— s. 191(1). (a) in the case of a request under section 89(1)(a) the person— (i) could not reasonably be expected to have been aware of the application for the permit in time to lodge an objection under Division 1; and (ii) was substantially disadvantaged by the issue of the permit; and (b) in the case of a request under section 89(1)(b), the person was substantially disadvantaged by the matter set out in the request; and (c) it would be just and fair in the circumstances to do so. (3A) The Tribunal must not direct a responsible S. 91(3A) inserted by authority to amend a permit if the amendment No. 100/2000 would authorise anything which would result in a s. 12. breach of a registered restrictive covenant. (4) If a cancelled permit relates to a subdivision or S. 91(4) inserted by consolidation any plan certified under the No. 53/1988 Subdivision Act 1988 must be surrendered to the s. 45(Sch. 2 item 36) (as responsible authority. amended by No. 47/1989 s. 19(zj)).
S. 91(2) amended by No. 52/1998 s. 191(1). (2) The responsible authority must comply with the directions of the Tribunal without delay. S. 91(2A) inserted by No. 81/2004 s. 34. (2A) If the Tribunal directs the responsible authority to amend a permit, the responsible authority must issue an amended permit to the owner of land to which the permit relates. S. 91(3) amended by No. 52/1998 s. 191(1). (3) The Tribunal must not direct a responsible authority to cancel or amend a permit on a request under section 89(1) unless it is satisfied that— s. 91 (a) in the case of a request under section 89(1)(a) the person— (i) could not reasonably be expected to have been aware of the application for the permit in time to lodge an objection under Division 1; and (ii) was substantially disadvantaged by the issue of the permit; and (b) in the case of a request under section 89(1)(b), the person was substantially disadvantaged by the matter set out in the request; and (c) it would be just and fair in the circumstances to do so. S. 91(3A) inserted by No. 100/2000 s. 12. (3A) The Tribunal must not direct a responsible authority to amend a permit if the amendment would authorise anything which would result in a breach of a registered restrictive covenant. S. 91(4) inserted by No. 53/1988 s. 45(Sch. 2 item 36) (as amended by No. 47/1989 s. 19(zj)). (4) If a cancelled permit relates to a subdivision or consolidation any plan certified under the Subdivision Act 1988 must be surrendered to the responsible authority.
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