29Appeals in respect of Council's decisions in relation to leases and licences

### 29 Appeals in respect of Council's decisions in relation to leases and licences > > (1)  [*\[Section 29 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-085#JS4@Ja1@GC1@EN) A person who held a lease or licence in respect of land in the 12 month period before that land was vested in the Council under [section 27](#GS27@EN) [(1)](#GS27@Gs1@EN) and who is aggrieved by a decision of the Council– > > > > > > (a) in respect of that lease or licence; or > > > > > > > (b) in respect of a further lease or licence; or > > > > > > > (c) to refuse to grant a further lease or licence– > > > > may appeal to the Commissioner within 14 days after the day on which the person is notified of the Council's decision on a review under [section 28](#GS28@EN) [(3)](#GS28@Gs3@EN) . > > > (2)  [*\[Section 29 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-085#JS4@Ja1@GC1@EN) The Commissioner is to consult the Council before making a decision under this section. > > > (3)  [*\[Section 29 Subsection (3) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-085#JS4@Ja1@GC1@EN) At the hearing of an appeal, the Commissioner may– > > > > > > (a) dismiss the appeal; or > > > > > > > (b) quash the decision of the Council and direct it to take such action as the Commissioner considers necessary. > > > (4)  [*\[Section 29 Subsection (4) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-085#JS4@Ja1@GC1@EN) If an appeal is brought in respect of the revocation or variation of a lease or licence, the Commissioner is to determine whether the revocation or variation takes effect pending the determination or abandonment of the appeal. > > > (5)  [*\[Section 29 Subsection (5) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-085#JS4@Ja1@GC1@EN) The Commissioner is to cause a copy of his or her decision in relation to an appeal under this section to be served on the parties to the appeal and, in the case of a lease which is registered under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) in respect of Aboriginal land, on the Recorder of Titles. > > > (6)  [*\[Section 29 Subsection (6) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-085#JS4@Ja1@GC1@EN) The Recorder of Titles may make any notations or amendments to the Register as the Recorder considers appropriate to give effect to the decision of the Commissioner. > > > (7)  The Council must comply with any directions given to it under this section. > > > (8)  [*\[Section 29 Subsection (8) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-085#JS4@Ja1@GC1@EN) The decision of the Commissioner on the hearing of an appeal under this section is final. > > > (9)  [*\[Section 29 Subsection (9) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-085#JS4@Ja1@GC1@EN) Subject to this section, an appeal to the Commissioner is to be heard and determined as prescribed. > > > (10)  [*\[Section 29 Subsection (10) inserted by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-085#JS4@Ja1@GC1@EN) In this section, > > > > > ***Commissioner*** means the chairperson of the Resource Planning and Development Commission established under the [Resource Planning and Development Commission Act 1997](/view/html/inforce/2026-04-12/act-1997-085) .