New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 86

86 Time limits for appeals

(1) An appeal under this Part must be lodged within 30 days--

(a) after notice of the decision, determination or order concerned is served on the aggrieved person, or

(b) after the decision, determination or order is required by subsection (2) to be taken to have been made.

(2) The Secretary is to be taken to have refused any application that has not been withdrawn if the Secretary has not served on the applicant notice of the decision on the application--

(a) within 40 days of its being lodged with the Secretary, or

(b) if the Secretary and the applicant agree on a longer period--within the longer period after its being so lodged.

(3) Despite subsection (1), an appeal may, with the leave of the Tribunal, be lodged with the registrar of the Tribunal after the end of the period referred to in that subsection, but only if--

(a) within 30 days after the end of that period, an application is made to the Tribunal for leave to lodge the appeal out of time, and

(b) the Tribunal grants that leave.

(4) The Tribunal must grant leave applied for under this section if satisfied that--

(a) there is a sufficient explanation as to why the appeal was not lodged in time, and

(b) the other persons concerned in the matter would not be prejudicially affected if leave were granted.