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Legislative Assembly for the ACT: 2002 Week 14 Hansard (12 December) . . Page.. 4511..


Schedule 5

Planning and Land (Consequential Amendments) Bill 2002

Amendments circulated by Ms Dundas

1

Schedule 1

Amendment 1.90

Page 34, line 1-

omit amendment 1.90, substitute

[1.90] Section 229A

omit

Schedule 6

Administrative Appeals Tribunal Amendment Bill 2002

Amendments circulated by the Attorney-General

1

Clause 15

Proposed new section 49E

Page 7, line 6-

omit proposed new section 49E, substitute

49E Costs in land, planning and environment proceedings

(1) The tribunal may award costs of an application or part of an application against a party to the application if the party contravenes a tribunal direction.

Examples of contravention of tribunal direction

1. failing to provide further information in relation to the proceeding on the application

2. failing to provide a list of contentions on which reliance is to be placed at the hearing of the application

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2) However, the tribunal may award costs under subsection (1) only if satisfied that it is in the interests of justice to do so.

(3) In deciding whether it is in the interests of justice to award costs, the tribunal must consider the following:

(a) whether the contravention was deliberate or could easily have been avoided;

(b) whether (and if so, the extent to which) the contravention has affected the tribunal's ability to hear the proceeding expeditiously;

(c) the importance to the community of people being able to afford to bring applications to the tribunal.

(4) The tribunal may consider any other relevant matter.

(5) Costs are payable at the prescribed scale of costs set out in the Supreme Court Rules, schedule 3 (Costs).


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