40Review of refusal or failure to decide

40 Review of refusal or failure to decide (1) An applicant may apply to the Victorian Civil and Administrative Tribunal for review of— (a) a decision of a Council to refuse to— (i) certify or re-certify a plan; or (ii) approve an engineering plan; or (iii) issue a statement of compliance; or (b) a decision of a referral authority to— (i) refuse to consent to the certification or amendment of a plan; or (ii) refuse to approve an engineering plan; or (iii) make a requirement under section 44(3F); or S. 40(1)(c) amended by No. 47/2007 s. 21. (c) a decision of a Council or referral authority to require alterations to a plan or an engineering plan; or (d) a decision of a Council or referral authority to require the applicant to enter into an agreement under section 17(2)(c) or 21(1)(b)(ii). (2) An owner who requests the Council or a referral authority to make a statement under section 36 or has applied for a permit or requested a permit to be amended may apply to the Victorian Civil and Administrative Tribunal for review of a decision of the Council or referral authority to refuse to make the statement. (3) A reference in subsection (2) to a decision to refuse to make a statement includes a reference to a failure to make the statement within the prescribed time. (4) A reference in subsection (1) or (2) to a decision to refuse to do a thing includes a reference to a failure to do that thing. (5) An applicant under section 44(4A), (5), (5A) or (5B) may apply to the Victorian Civil and Administrative Tribunal for review of a refusal of the Council to consent to the application. (6) Without limiting its powers on review, if the Tribunal finds that a Council or referral authority has unreasonably refused or failed to take any action, the Tribunal may order that the action be carried out by another person, wholly or partly, at the cost of the Council or referral authority. S. 41 amended by No. 47/1989 s. 16, repealed by No. 12/1989 s. 4(1)(Sch. 2 item 114.1) (as amended by No. 53/1988 s. 45 (as amended by No. 47/1989 s. 23)), new s. 41 inserted by No. 52/1998 s. 311(Sch. 1 item 86.6).