9Appeal in respect of application under section 5

9 Appeal in respect of application under section 5

(1)  [Section 9 Subsection (1) amended by No. 55 of 2004, s. 35, Applied:01 Jul 2005] *[Section 9 Subsection (1) amended by No. 29 of 1994, s. 35 and Sched. 1 ]*Where a person who made an application under section 5 is aggrieved by the refusal of the Authority to grant the person's application, he or she may appeal to the Tribunal.

(2)  [Section 9 Subsection (2) amended by No. 55 of 2004, s. 35, Applied:01 Jul 2005] *[Section 9 Subsection (2) amended by No. 29 of 1994, s. 35 and Sched. 1 ]*Where an application made under section 5 is granted by the Authority, a person who lodged an objection under section 7 in respect of that application may appeal to the Tribunal.

(3)  An appeal under this section shall be instituted by giving written notice to the registrar within a period of 14 days after –

(a) in the case of an appeal against the refusal to grant an application made under section 5 , the service of a notice under section 8 (4) ; or

(b) in the case of an appeal against the granting of an application made under section 5 , the service of a notice under section 8 (5) .

(4)  Where a person who made an application under section 5 appeals to the Tribunal the registrar shall, within 7 days of the appeal being lodged –

(a) serve a copy of the notice of appeal on each person who lodged an objection under section 7 in respect of the application; and

(b) publish an advertisement containing a copy of the notice of appeal in a daily newspaper circulating in the area in which the land to which the application relates is located.

(5)  Where a person who made an application under section 5 appeals to the Tribunal, any person who lodged an objection under section 7 in respect of that application may intervene in the appeal by giving written notice to the registrar within 7 days of the date on which the advertisement referred to in was published and shall, on intervening, be a party to the appeal.