48Review by Victorian Civil and Administrative Tribunal

48 Review by Victorian Civil and Administrative Tribunal

S. 48(1) amended by No. 52/1998
s. 311(Sch. 1 item 12.2(a) (b)).

(1) A person served with a land use condition or land management notice may apply to the Victorian Civil and Administrative Tribunal for review of the decision—

(a) to serve the condition or notice; or

(b) to include a specified provision in the condition or notice.

S. 48(2) amended by No. 52/1998
s. 311(Sch. 1 item 12.3(a)).

(2) A person served with a land use condition or land management notice who has requested the revocation of the condition or notice may apply to the Victorian Civil and Administrative Tribunal for review of—

(a) a failure to grant that request within 14 days after it is made; or

(b) a decision refusing that request.

S. 48(2A) inserted by No. 61/2003 s. 13(1).

(2A) A person who has requested a variation of the requirements contained in a land management notice may apply to the Victorian Civil and Administrative Tribunal for review of—

(a) a failure to grant that request within 14 days after it was made; or

(b) a decision refusing that request.

S. 48(3) amended by No. 61/2003 s. 13(2).

(3) Subsections (1), (2) and (2A) do not apply to a land management notice that deals only with the control of noxious weeds or pest animals or both.

(4) The application for review must be made within 30 days after—

(a) the date the applicant was served with the land management notice or land use condition; or

(b) the date on which request for revocation of the notice or condition was refused; or

S. 48(4)(c) amended by No. 61/2003 s. 13(3)(a).

(c) the end of the 14 day period referred to in subsection (2); or

S. 48(4)(d) inserted by No. 61/2003 s. 13(3)(b).

(d) whichever is the earlier of—

(i) the date on which the request for a variation of the requirements contained in a land management notice was refused; or

(ii) the end of the 14 day period referred to in subsection (2A)—

as the case requires.

S. 48(5) repealed by No. 52/1998
s. 311(Sch. 1 item 12.3(b)).

S. 48A inserted by No. 52/1998
s. 311(Sch. 1 item 12.4).