Town Planners Act 1995 · Updated to 1 Mar 2011 · Part IV · Town Planning Practice by Bodies Corporate
26. Hearing to be conducted and right to be heard to be accorded
Feedback & supportThe Board shall not cancel the permit issued to a body corporate unless—
there has been a hearing of the complaint against the body corporate or any of its directors or shareholders who has or have caused or contributed or been a party to the complaint; and
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an opportunity to be heard—
either by a representative appointed in writing or by counsel in the case of a body corporate;
or
either personally or by counsel in the case of a director or shareholder, has been given to the body corporate, director or shareholder, as the case may be.
The hearing under subsection (1) shall be conducted by at least two-thirds of the total number of members of the Board.
Where the complaint is based on paragraph 25(e) or (f), the Board shall not cancel the permit if, on the date of hearing, the body corporate satisfies the Board that—
permit
“permit” means a permit issued under subsection 23(1) and includes a duplicate permit issued under subsection 23(2);
the director or shareholder who—
is guilty of;
has committed;
is a party to; or
has contributed to, the act or thing as forms the grounds of complaint has ceased to be its director or shareholder;
notwithstanding paragraph (a), the composition of its board of directors and shareholders is in compliance with section 20; and
no other director or shareholder, otherwise than by being its director or shareholder at the material date, was in any way a party to, or connected with, the act or
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thing which forms the grounds of complaint.