s. 91 91 Determination by Tribunal (1) After hearing a request, the Tribunal may direct S. 91(1) amended by the responsible authority to cancel or amend the No. 52/1998 permit and to take any action required in relation s. 191(1). to the permit. S. 91(2) (2) The responsible authority must comply with the amended by directions of the Tribunal without delay. 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. S. 91(3) (3) The Tribunal must not direct a responsible amended by authority to cancel or amend a permit on a request No. 52/1998 s. 191(1). under section 89(1) unless it is satisfied that— (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.
91 Determination by Tribunal S. 91(1) amended by No. 52/1998 s. 191(1). s. 91 (1) After hearing a request, the Tribunal may direct the responsible authority to cancel or amend the permit and to take any action required in relation to the permit. 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— (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.
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