Town Planning and Development Act (Appeal) Regulations 1979
Reprinted as at 7 July 2000
Reprinted under the Reprints Act 1984 as at 7 July 2000
Town Planning and Development Act 1928
Town Planning and Development Act (Appeal) Regulations 1979
(1)These regulations may be cited as the Town Planning and Development Act (Appeal) Regulations 1979 1.
(2)These regulations shall take effect on and from the date on which the Town Planning and Development Act Amendment Act 1976 comes into operation 2.
[Omitted under the Reprints Act 1984 s.7(4)(f).]
In these regulations, unless the contrary intention appears —
“Act” means the Town Planning and Development Act 1928 as amended from time to time;
“appeal” means appeal to the Minister to which Part V of the Act applies;
“appellant” means a person instituting an appeal;
“matter” includes a refusal, demand, condition or question;
“
(1)Every appeal shall be instituted by notice in writing in Form 1 in the appendix to these regulations.
(2)A notice of appeal shall be executed by the appellant personally or by his counsel, solicitor, or agent.
(3)A notice of appeal shall be lodged at the office of the Minister and shall be accompanied by a fee of $250.
[Regulation 4 amended in Gazette 1 February 1985 p.436; 28 November 1986 p.4407; 2 September 1988 p.3435; 27 September 1994 p.4931; 16 June 1995 p.2337; 14 June 1996 p.2581; 13 June 1997 p.2751; 1 May 1998 p.2281; 18 June 1999 p.2645.]
5.Particulars to be stated on notice of appeal
Every notice instituting an appeal shall set out —
(a)the substance of the decision, determination or matter appealed from;
(b)the date of such decision, determination or matter;
(c)the grounds on which the appeal is brought and particulars of any land, building or work affected;
(d)an address for service within the State where notices, plans, drawings and all other documents of whatever kind relating to the appeal may be delivered to or served on the appellant.
6.Time for lodging and service of copies of appeal
(1)A notice of appeal shall be lodged within 60 days of the date of the decision, determination or matter in respect of which the appeal is made.
(2)A copy of the notice of appeal shall be given as soon as practicable after it is so lodged, where the appeal is an appeal of such a kind as is referred to in —
(a)subparagraph (i) of paragraph (a) of the interpretation “appeal” in section 37 of the Act — to such responsible authority as is therein referred to;
(b)subparagraph (ii) of that paragraph — to the council of the municipality against whose decision or demand the appeal is instituted;
(c)subparagraph (iii) of that paragraph — to the Board;
(d)paragraph (b) of that interpretation — to the responsible authority specified in the town planning scheme in respect of which the question the subject of the appeal arose;
(e)paragraph (c) of that interpretation — to the Authority or the local authority, as the case may be, against whose decision or determination the appeal is instituted; and
(f)paragraph (d) of that interpretation — to the Authority.
[Regulation 6 amended in Gazette 25 February 1983 p.677; 1 February 1985 p.436.]
An appeal shall be withdrawn if —
(a)the appellant, by notice in writing in Form 2 in the appendix to these regulations, served on the Minister, withdraws the appeal; or
(b)the appellant, either in person or by his counsel, solicitor or agent, intimates to the Minister that the appellant withdraws the appeal.
(1)Any document or copy thereof required to be served in pursuance of these regulations may be served —
(a)by delivering it personally to the person so required to be served or to his agent;
(b)by registered post addressed to the usual or last known place of abode or business or such person; or
(c)in the case of a document or copy thereof required to be served on a local authority or any body corporate, by delivering it to the Town or Shire Clerk, as the case requires, or to the secretary of the body corporate, or by leaving it at the office of such clerk or secretary with some person apparently employed there, or by sending it by registered post addressed to such clerk or secretary at his office.
(2)Where a document or copy thereof is served pursuant to this regulation by post, the service thereof shall be presumed, unless the contrary is shown, to have been effected at the time when, by ordinary course of post, it would be delivered.
