36DNotice of decision to make or refuse to make an exclusion determination

36D Notice of decision to make or refuse to make an exclusion determination (1) This section applies if the Executive Director— (a) decides to make an exclusion determination in relation to a place or object or part of a place or object; or (b) refuses to make an exclusion determination in relation to a place or object or part of a place or object. (2) Within 14 days of the decision, the Executive Director must give written notice of the decision to the following— (a) the applicant; (b) the owner of the place or object or the part of the place or object; (c) the responsible authority for the area in which the place or object or the part of the place or object is situated; (d) if the responsible authority for the area in which the place or object or the part of the place or object is situated is not a municipal council, the relevant municipal council. (3) The written notice must include— (a) reasons for the decision; and (b) a statement that specifies— (i) who has the right to request a review of the decision under section 36E; and (ii) the process that will apply if a review of the decision is not requested, or if a decision is made on a review of the decision. (4) In the case of a decision to make an exclusion determination in relation to a place or object or part of a place or object, within 14 days of the decision, the Executive Director must also— (a) publish the exclusion determination in a newspaper circulating generally in the area in which the place or object or the part of the place or object is situated; and (b) make the exclusion determination available on the Internet site of the Department for a period of at least 14 days; and (c) include with the exclusion determination, as published or made available, a statement that a person who has a real and substantial interest in the place or object or the part of the place or object has the right to request a review of the decision to make the exclusion determination. S. 36E inserted by No. 5/2023 s. 22.