28Order to authorise certain acts during initial period

#### 28 Order to authorise certain acts during initial period 28 Order to authorise certain acts during initial period > > (1) The Tribunal may, on application, make an order— > > > > > (a) waiving, varying or extinguishing a restriction relating to the initial period for a scheme (whether or not imposed under this Act or the [Community Land Development Act 2021](/view/html/inforce/current/act-2021-006)), and > > > > > (b) authorising matters to be done in relation to the waiving, varying or extinguishing of the restriction. > > > (2) The application may be made by the association or developer to which the restriction applies. > > > (3) Written notice of an application must be given to— > > > > > (a) the association and each owner of a community development lot, precinct development lot or neighbourhood lot or proposed community development lot, precinct development lot or neighbourhood lot in the case of a community scheme, precinct scheme or neighbourhood scheme or proposed scheme to which the application relates, unless the association or the owner is the applicant, and > > > > > (b) each registered mortgagee of a lot in the scheme and any mortgagee specified on the association roll for the lot and any covenant chargee having the benefit of a covenant charge affecting a lot, and > > > > > (c) any other persons that the Tribunal directs. > > > (4) The Tribunal may order that notice of an application be dispensed with if the Tribunal considers it appropriate in the circumstances of the case. > > > (5) A person to whom notice is given is entitled to appear and be heard on the hearing of the application. > > > (6) Notice of an application is not required to be given to a mortgagee specified on the association roll for a lot if the rights of the person as a mortgagee— > > > > > (a) are suspended for the time being because of a sub-mortgage, particulars of which are specified on the association roll, or > > > > > (b) have been terminated because of an instrument, particulars of which are specified on the association roll.