sec.25Appeal to Land Court about decision on application for replacement of lease entitlement notice

sec.25 Appeal to Land Court about decision on application for replacement of lease entitlement notice

This section applies if, under section 24 , the chief executive decides an application from a person to publish a lease entitlement notice replacing a lease entitlement notice currently in force. The applicant may appeal to the Land Court against the decision if— the decision is to refuse the application; or the decision is to grant the application but in a way mentioned in section 24 (10) . An affected person who was notified of the decision by the chief executive may appeal to the Land Court against the decision if— the decision is to grant the application; or the decision is to grant the application but in a way mentioned in section 24 (10) . An appeal by the applicant or an affected person must be started within 28 days after the applicant or affected person is given notice of the chief executive’s decision on the application. The parties to the appeal are— the applicant; and the trustee for the trust area; and any affected person for the decision who was notified by the chief executive; and the chief executive. If the appeal is by the applicant, the chief executive must advise the applicant and the Land Court of each person mentioned in subsection (5) (c) to ensure that each person may be served. If the Land Court decides that a replacement lease entitlement notice should be published, the Land Court’s decision must include the details of the lease entitlement to be included in the replacement lease entitlement notice. It is not necessary for the details mentioned in subsection (7) to be consistent in every respect with the details included in the application as dealt with by the chief executive or in the chief executive’s decision granting the application. If the Land Court decides a replacement lease entitlement notice should be published, the chief executive must give a copy of the replacement lease entitlement notice to— the trustee of the trust area; and any person the chief executive reasonably considers to be an affected person for the decision. (sec.25-ssec.1) This section applies if, under section 24 , the chief executive decides an application from a person to publish a lease entitlement notice replacing a lease entitlement notice currently in force. (sec.25-ssec.2) The applicant may appeal to the Land Court against the decision if— the decision is to refuse the application; or the decision is to grant the application but in a way mentioned in section 24 (10) . (sec.25-ssec.3) An affected person who was notified of the decision by the chief executive may appeal to the Land Court against the decision if— the decision is to grant the application; or the decision is to grant the application but in a way mentioned in section 24 (10) . (sec.25-ssec.4) An appeal by the applicant or an affected person must be started within 28 days after the applicant or affected person is given notice of the chief executive’s decision on the application. (sec.25-ssec.5) The parties to the appeal are— the applicant; and the trustee for the trust area; and any affected person for the decision who was notified by the chief executive; and the chief executive. (sec.25-ssec.6) If the appeal is by the applicant, the chief executive must advise the applicant and the Land Court of each person mentioned in subsection (5) (c) to ensure that each person may be served. (sec.25-ssec.7) If the Land Court decides that a replacement lease entitlement notice should be published, the Land Court’s decision must include the details of the lease entitlement to be included in the replacement lease entitlement notice. (sec.25-ssec.8) It is not necessary for the details mentioned in subsection (7) to be consistent in every respect with the details included in the application as dealt with by the chief executive or in the chief executive’s decision granting the application. (sec.25-ssec.9) If the Land Court decides a replacement lease entitlement notice should be published, the chief executive must give a copy of the replacement lease entitlement notice to— the trustee of the trust area; and any person the chief executive reasonably considers to be an affected person for the decision.