sec.38Refusal to proceed immediately with grant of lease

sec.38 Refusal to proceed immediately with grant of lease

If the Minister refuses an application to proceed immediately with the grant of a lease under this division— the notice to the applicant advising of the decision must include the Minister’s reasons for the decision to refuse; and the applicant may appeal to the Land Court against the decision; and the applicant must, in starting the appeal, give the Land Court a copy of the Minister’s reasons; and the Minister must advise the reference entity for the lease entitlement the subject of the application of the starting of the appeal and give the reference entity a copy of the reasons mentioned in paragraph (a) . The appeal must be started within 28 days after the applicant is given notice of the decision. If the appeal is successful, the Minister must proceed to grant the lease— in compliance with the order of the Land Court; and subject to paragraph (a) —under section 35 . The parties to the appeal are— the applicant; and the Minister; and the reference entity for the lease entitlement. (sec.38-ssec.1) If the Minister refuses an application to proceed immediately with the grant of a lease under this division— the notice to the applicant advising of the decision must include the Minister’s reasons for the decision to refuse; and the applicant may appeal to the Land Court against the decision; and the applicant must, in starting the appeal, give the Land Court a copy of the Minister’s reasons; and the Minister must advise the reference entity for the lease entitlement the subject of the application of the starting of the appeal and give the reference entity a copy of the reasons mentioned in paragraph (a) . (sec.38-ssec.2) The appeal must be started within 28 days after the applicant is given notice of the decision. (sec.38-ssec.3) If the appeal is successful, the Minister must proceed to grant the lease— in compliance with the order of the Land Court; and subject to paragraph (a) —under section 35 . (sec.38-ssec.4) The parties to the appeal are— the applicant; and the Minister; and the reference entity for the lease entitlement.

• (a) the notice to the applicant advising of the decision must include the Minister’s reasons for the decision to refuse; and
• (b) the applicant may appeal to the Land Court against the decision; and
• (c) the applicant must, in starting the appeal, give the Land Court a copy of the Minister’s reasons; and
• (d) the Minister must advise the reference entity for the lease entitlement the subject of the application of the starting of the appeal and give the reference entity a copy of the reasons mentioned in paragraph (a) .
• (a) in compliance with the order of the Land Court; and
• (b) subject to paragraph (a) —under section 35 .
• (a) the applicant; and