NSWIn ForceAct
Strata Schemes Development Act 2015
94Investigation of application
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#### 94 Investigation of application
94 Investigation of application
> > (1) The Secretary may decide to proceed with an investigation of an application for assistance or, having proceeded with an investigation, decide to discontinue the investigation.
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> > (2) In making the decision, the Secretary must have regard to whether, in the opinion of the Secretary—
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> > > (a) the application is frivolous, vexatious, misconceived or lacking in substance, or
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> > > (b) the applicant has unreasonably delayed complying with a requirement for further information, or
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> > > (c) investigation, or further investigation, is a matter for a planning authority, or
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> > > (d) the applicant has an alternative and better means of redress.
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> > (3) The Secretary may have regard to other matters the Secretary considers appropriate.
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> > (4) If the Secretary decides to investigate an application, the Secretary must—
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> > > (a) inform the applicant of the decision, and
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> > > (b) inform the owners corporation of the decision and the subject-matter of the investigation, unless the owners corporation is the applicant, and
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> > > (c) inform the developer and the relevant planning authority of the decision and the subject-matter of the investigation, and
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> > > (d) invite each person referred to in paragraph (b) or (c), other than the applicant, to give the Secretary a written submission about the subject-matter within a specified period.
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> > (5) If the Secretary decides not to investigate an application or to discontinue an investigation, the Secretary must—
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> > > (a) inform the applicant of the decision, and
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> > > (b) if the decision is to discontinue an investigation—inform each other person the Secretary informed of the original decision to investigate the application.