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Land Use Planning and Approvals Amendment Act 2013
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Turn the raw legal text into a practical explanation grounded in Land Use Planning and Approvals Amendment Act 2013.
(1) The Commission, by notice to a person to whom an authorisation has been issued under section 80C –
(a) may specify in the authorisation a condition or restriction; or
(b) may vary a condition or restriction specified in the authorisation.
(2) The Commission may, under subsection (1) , only specify a condition or restriction in, or vary a condition or restriction specified in, an authorisation issued under section 80C to a person, if –
(a) the Commission has given a notice in writing to the person specifying –
(i) that the Commission is proposing to specify or vary the condition or restriction; and
(ii) the reasons why the Commission is proposing to specify or vary the condition or restriction; and
(iii) that the person may, within the period of not less than 28 days specified in the notice, make written submissions in relation to the proposal; and
(b) the Commission has considered any submissions that have been made by the person within the period specified in the notice in accordance with paragraph (a)(iii) and that have not been withdrawn by the person; and
(c) the period specified in the notice in accordance with paragraph (a)(iii) has expired.
(3) The Commission must specify in the notice under subsection (1) of the specification, or variation of a condition or restriction, in a person's authorisation under section 80C –
(a) the reasons for the specification or variation; and
(b) the person's right of appeal under subsection (7) .
(4) A person who is authorised under section 80C may apply to the Commission for a revocation or variation of a condition or restriction specified in the authorisation.
(5) The Commission, after receiving an application under subsection (4) from a person to whom an authorisation is issued under section 80C , may, by notice to the person, revoke or vary, or refuse to revoke or vary, a condition or restriction specified in the person's authorisation.
(6) The Commission must specify in a notice under subsection (5) of a refusal to revoke or vary a condition or restriction –
(a) the reasons for the refusal; and
(b) the person's right of appeal under subsection (7) .
(7) A person who is not satisfied with a decision of the Commission under this section in relation to the person may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision.