38APriority of applications

### 38A Priority of applications > [*\[Section 38A Inserted by No. 24 of 2013, s. 36, Applied:28 Jun 2013\]*](/view/html/inforce/2013-06-28/act-2013-024#GS36@EN) > > > (1)  If more than one application is received for a licence in respect of all or part of the same land, the order of priority is as follows: > > > > > > (a) for applications received on different days, an application received on an earlier day has priority over an application received on a later day; > > > > > > > (b) for applications received on the same day, the order of priority is as determined by the Director according to the relative merits of the applications; > > > > > > > (c) for applications received on the same day which are determined by the Director to be of equal merit, the order of priority is as determined by a ballot conducted in an approved manner. > > > (2)  An application that has priority over any other application is to be determined without reference to any other application. > > > (3)  The Director is to notify an applicant – > > > > > > (a) that the application of the applicant has priority over any other application; or > > > > > > > (b) that the application of another applicant has priority; or > > > > > > > (c) if the priority of an application of the applicant has altered because another application is withdrawn or refused or has lapsed under [section 38B](#GS38B@EN) . > > > (4)  The Registrar is to reject any application received later than 3 months after receipt of another application determined to have priority.