146Effect of decisions under appeal

146 Effect of decisions under appeal S. 146(1) amended by Nos 71/1995 s. 11(1), 21/2017 s. 38(1). (1) Subject to subsections (2), (2A) and (3), a decision in respect of which there is a right of appeal under Division 1 does not take effect until— (a) the end of the appropriate prescribed appeal period, if there is no appeal; or (b) the decision is affirmed on appeal. S. 146(2) amended by Nos 91/1995 s. 143, 36/2008 s. 4, 15/2016 s. 56, 21/2017 s. 80. (2) Unless the Building Appeals Board otherwise directs, an appeal under section 138, 138A or 139, does not stay the operation of the decision under appeal. S. 146(2A) inserted by No. 21/2017 s. 38(2). (2A) Unless the Building Appeals Board otherwise directs, an appeal under section 142(2)(a) against the making of a building order prohibiting the occupation of a building or place does not stay the operation of the decision under appeal if the order was made following the making of an emergency order in respect of the same matter. S. 146(3) inserted by No. 71/1995 s. 11(2). (3) An appeal under section 142(3) does not stay the operation of the emergency order to which the appeal relates.