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Sanctuary Cove Resort Act 1985
sec.96Minor noncompliance with development control by-laws
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### sec.96 Minor noncompliance with development control by-laws
At the request in writing of a member of the principal body corporate, the principal body corporate may permit the noncompliance by an affected person with a development control by-law in respect of the land or lot specified in the request.
However, the noncompliance must be of a minor nature.
Where noncompliance with a development control by-law has been permitted by the principal body corporate under subsection (1) there is not a failure to comply with that by-law by reason only of that noncompliance.
In this section—
affected person means any of the following—
the member of the principal body corporate making the request under subsection (1) ;
the registered proprietor, mortgagee in possession, lessee or occupier of the land or lot to which the request relates.
s 96 amd 2009 No. 26 s 103
(sec.96-ssec.1) At the request in writing of a member of the principal body corporate, the principal body corporate may permit the noncompliance by an affected person with a development control by-law in respect of the land or lot specified in the request.
(sec.96-ssec.2) However, the noncompliance must be of a minor nature.
(sec.96-ssec.3) Where noncompliance with a development control by-law has been permitted by the principal body corporate under subsection (1) there is not a failure to comply with that by-law by reason only of that noncompliance.
(sec.96-ssec.4) In this section— affected person means any of the following— the member of the principal body corporate making the request under subsection (1) ; the registered proprietor, mortgagee in possession, lessee or occupier of the land or lot to which the request relates.
- (a) the member of the principal body corporate making the request under subsection (1) ;
- (b) the registered proprietor, mortgagee in possession, lessee or occupier of the land or lot to which the request relates.