91Determination by Tribunal

91 Determination by Tribunal S. 91(1) amended by No. 52/1998 s. 191(1). (1) After hearing a request, the Tribunal may direct the responsible authority to cancel or amend the permit and to take any action required in relation to the permit. S. 91(2) amended by No. 52/1998 s. 191(1). (2) The responsible authority must comply with the directions of the Tribunal without delay. S. 91(2A) inserted by No. 81/2004 s. 34. (2A) If the Tribunal directs the responsible authority to amend a permit, the responsible authority must issue an amended permit to the owner of land to which the permit relates. S. 91(3) amended by No. 52/1998 s. 191(1). (3) The Tribunal must not direct a responsible authority to cancel or amend a permit on a request under section 89(1) unless it is satisfied that— (a) in the case of a request under section 89(1)(a) the person— (i) could not reasonably be expected to have been aware of the application for the permit in time to lodge an objection under Division 1; and (ii) was substantially disadvantaged by the issue of the permit; and (b) in the case of a request under section 89(1)(b), the person was substantially disadvantaged by the matter set out in the request; and (c) it would be just and fair in the circumstances to do so. S. 91(3A) inserted by No. 100/2000 s. 12. (3A) The Tribunal must not direct a responsible authority to amend a permit if the amendment would authorise anything which would result in a breach of a registered restrictive covenant. S. 91(4) inserted by No. 53/1988 s. 45(Sch. 2 item 36) (as amended by No. 47/1989 s. 19(zj)). (4) If a cancelled permit relates to a subdivision or consolidation any plan certified under the **Subdivision Act 1988** must be surrendered to the responsible authority. S. 91(5) inserted by No. 53/1988 s. 45(Sch. 2 item 36) (as amended by No. 47/1989 s. 19(zj)). (5) A permit which relates to a subdivision or consolidation cannot be cancelled if the plan of subdivision or consolidation has been registered under the **Subdivision Act 1988**. S. 92 amended by No. 52/1998 s. 191(1).