sec.28SDecision on application

### sec.28S Decision on application The trustee must consider the application and decide to approve or refuse the application. However, if a dwelling is situated on the available land the subject of the application, the trustee— must not decide the application until the trustee receives a notice from the housing chief executive under section 28R (3) ; and must refuse the application if the notice states the dwelling is a social housing dwelling and the housing chief executive does not consent to the applicant making the application. The trustee may approve the application only if the trustee is reasonably satisfied— the applicant is an eligible person for the available land the subject of the application; and if there is more than 1 interest holder for the available land and all interest holders are eligible persons, either— all interest holders for the available land have made the application; or all interest holders for the available land have consented to the applicant making the application; and if there is more than 1 interest holder for the available land and paragraph (b) does not apply—all interest holders for the available land have consented to the applicant making the application; and if there is a mortgage over the available land—the mortgagee has consented to the applicant making the application. If the trustee is reasonably satisfied of the matters mentioned in subsection (3) , the trustee must approve the application. If the trustee decides to refuse the application, the trustee must give the applicant an information notice for the decision. s 28S ins 2014 No. 45 s 35 (sec.28S-ssec.1) The trustee must consider the application and decide to approve or refuse the application. (sec.28S-ssec.2) However, if a dwelling is situated on the available land the subject of the application, the trustee— must not decide the application until the trustee receives a notice from the housing chief executive under section 28R (3) ; and must refuse the application if the notice states the dwelling is a social housing dwelling and the housing chief executive does not consent to the applicant making the application. (sec.28S-ssec.3) The trustee may approve the application only if the trustee is reasonably satisfied— the applicant is an eligible person for the available land the subject of the application; and if there is more than 1 interest holder for the available land and all interest holders are eligible persons, either— all interest holders for the available land have made the application; or all interest holders for the available land have consented to the applicant making the application; and if there is more than 1 interest holder for the available land and paragraph (b) does not apply—all interest holders for the available land have consented to the applicant making the application; and if there is a mortgage over the available land—the mortgagee has consented to the applicant making the application. (sec.28S-ssec.4) If the trustee is reasonably satisfied of the matters mentioned in subsection (3) , the trustee must approve the application. (sec.28S-ssec.5) If the trustee decides to refuse the application, the trustee must give the applicant an information notice for the decision. - (a) must not decide the application until the trustee receives a notice from the housing chief executive under section 28R (3) ; and - (b) must refuse the application if the notice states the dwelling is a social housing dwelling and the housing chief executive does not consent to the applicant making the application. - (a) the applicant is an eligible person for the available land the subject of the application; and - (b) if there is more than 1 interest holder for the available land and all interest holders are eligible persons, either— (i) all interest holders for the available land have made the application; or (ii) all interest holders for the available land have consented to the applicant making the application; and - (i) all interest holders for the available land have made the application; or - (ii) all interest holders for the available land have consented to the applicant making the application; and - (c) if there is more than 1 interest holder for the available land and paragraph (b) does not apply—all interest holders for the available land have consented to the applicant making the application; and - (d) if there is a mortgage over the available land—the mortgagee has consented to the applicant making the application. - (i) all interest holders for the available land have made the application; or - (ii) all interest holders for the available land have consented to the applicant making the application; and