97QCancellation or amendment of certificate

97Q Cancellation or amendment of certificate S. 97Q(1) amended by No. 52/1998 s. 191(1). (1) Any person may request the Tribunal to cancel or amend a certificate of compliance issued under this Part if the person believes that the person has been adversely affected by a material mis‑statement or concealment of fact in relation to the application for the certificate or a material mistake in relation to the issue of the certificate. S. 97Q(2) amended by No. 52/1998 s. 191(1). (2) The Tribunal must give the following persons the opportunity to be heard at the hearing of any request— (b) the owner and occupier of the land concerned; (c) the person who made the request; (d) the Minister. S. 97Q(3) amended by No. 52/1998 s. 191(1). (3) After hearing a request, the Tribunal may direct the responsible authority to cancel or amend the certificate and to take any action required in relation to the certificate, if it is satisfied that— (a) there has been a material mis-statement or concealment of fact in relation to the application for the certificate or a material mistake in relation to the issue of the certificate; and (b) the person who made the request was substantially disadvantaged by the mis‑statement, concealment or mistake; and (c) it would be just and fair in the circumstances to do so. S. 97Q(4) amended by No. 52/1998 s. 191(1). (4) The responsible authority must comply with the directions of the Tribunal. S. 97Q(5) substituted by No. 3/2013 s. 40. (5) The following provisions (with any necessary changes) apply to a request and direction under this section as if any reference in those provisions to a permit were a reference to a certificate of compliance under this Part— (a) section 88; (b) section 89(2) and (3); (c) section 92; (d) section 93; (e) section 94 (except subsection (2A)). S. 97R inserted by No. 128/1993 s. 23.