9Appeal in respect of application under section 5

### 9 Appeal in respect of application under section 5 > > (1)  [*\[Section 9 Subsection (1) amended by No. 55 of 2004, s. 35, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS35@Hpa@EN) *\[Section 9 Subsection (1) amended by No. 29 of 1994, s. 35 and Sched. 1 \]*Where a person who made an application under [section 5](#GS5@EN) is aggrieved by the refusal of the Authority to grant the person's application, he or she may appeal to the Tribunal. > > > (2)  [*\[Section 9 Subsection (2) amended by No. 55 of 2004, s. 35, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS35@Hpb@EN) *\[Section 9 Subsection (2) amended by No. 29 of 1994, s. 35 and Sched. 1 \]*Where an application made under [section 5](#GS5@EN) is granted by the Authority, a person who lodged an objection under [section 7](#GS7@EN) 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](#GS5@EN) , the service of a notice under [section 8](#GS8@EN) [(4)](#GS8@Gs4@EN) ; or > > > > > > > (b) in the case of an appeal against the granting of an application made under [section 5](#GS5@EN) , the service of a notice under [section 8](#GS8@EN) [(5)](#GS8@Gs5@EN) . > > > (4)  Where a person who made an application under [section 5](#GS5@EN) 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](#GS7@EN) 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](#GS5@EN) appeals to the Tribunal, any person who lodged an objection under [section 7](#GS7@EN) 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 [subsection (4)](#GS9@Gs4@EN) [(b)](#GS9@Gs4@Hpb@EN) was published and shall, on intervening, be a party to the appeal. > > > (6)  [*\[Section 9 Subsection (6) amended by No. 55 of 2004, s. 35, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS35@Hpc@EN) *\[Section 9 Subsection (6) amended by No. 29 of 1994, s. 35 and Sched. 1 \]*[*\[Section 9 Subsection (6) omitted by No. 18 of 2021, s. 94, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS94@EN) .  .  .  .  .  .  .  .