208Appeal against improvement notice or prohibition notice

208 Appeal against improvement notice or prohibition notice (1) A person on whom an improvement notice or prohibition notice is served may appeal to the Magistrates' Court within 21 days after the improvement notice or prohibition notice is served on the person. (2) The Magistrates' Court must— (a) reconsider the decision to issue the improvement notice or prohibition notice; (b) hear any relevant evidence tendered by the applicant or any person on behalf of the person who issued the improvement notice or prohibition notice; (c) affirm or revoke the issue of the improvement notice or prohibition notice. (3) Unless the Magistrates' Court otherwise orders, the appeal does not affect the status of the improvement notice or prohibition notice pending the determination of the appeal. (4) The decision of the Magistrates' Court on an appeal takes effect from the date that the decision is made. (5) The costs of and incidental to an appeal are in the discretion of the Magistrates' Court. S. 208(6) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 47.1). (6) Nothing in subsection (2)(b) prevents the application of Part 3.10 of the **Evidence Act 2008** to an appeal under this section. Division 2—Infringements