Part 6OBJECTIONS AND APPEALS

PART 6—OBJECTIONS AND APPEALS 6.1 The Right to Object and Appeal When the Council makes a decision under these Local Laws which an affected person could consider to be unfavourable, by— (a) refusing to grant a licence or other approval; or (b) cancelling, varying, or refusing to renew a licence or other approval; the affected person is to be given written reasons for the decision and advised of the person’s rights to object and appeal against the decision under Part 9, Division 1 of the Act. 6.2 Lodging a Valid Objection An objection— (a) may only be made if the person has not lodged an appeal; (b) is to be made to and is to be decided by the Council; (c) is to be in the form of the Fifth Schedule; and (d) is to be lodged with the Council within such time as is stated in the written notice given under Clause 6.1, being not less than 28 days after the decision was made. 6.3 Council Determines an Objection The Council is to consider any submissions made in support of an objection and may uphold or dismiss the objection, or vary its previous decision, and is to advise the person who made the objection of its decision and the reasons therefore. 6.4 Appeal—When Authorised An appeal may be made by an affected person if— (a) an objection to the decision has not been lodged, or an objection having been lodged, a written notice has not been received from the Council of how the objection was decided at the expiration of 35 days; or (b) an objection to the decision was lodged, and notice in writing has been received of how the objection was decided, and this is considered unfavourable by the person. 6.5 Making a Valid Appeal (1) An appeal is to be— (a) made to the Minister for Local Government unless it is against a decision that adversely affects the business or livelihood of the appellant, in which case it is to be made to the Local Court; (b) in the form of the Sixth Schedule; (c) given to the Minister or Local Court within 42 days after the original decision in the case of an appeal under Clause 6.4 (a) or within 42 days after the objection was decided in the case of an appeal under Clause 6.4 (b). (2) The appellant is to give a copy of the appeal to the Council as soon as practicable after the appeal is lodged. 6.6 Decision on Appeal (1) The Minister or the Clerk of the Court, as the case requires, is to advise the appellant in writing of the decision on the appeal and the reasons therefore. (2) The decision on an appeal is final and effect is to be given to the decision.