New South Wales Consolidated Acts

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REAL PROPERTY ACT 1900 - SECT 135J

Appeals to Land and Environment Court

135J Appeals to Land and Environment Court

(1) A person who is dissatisfied with a determination under this Part may appeal to the Land and Environment Court for determination by the Court of the position of the boundary.
(2) Only the following persons can appeal:
(a) an owner of land adjoining the boundary,
(b) a person who applied for the determination as purchaser under a contract for the sale of land adjoining the boundary,
(c) a public or local authority or the Head of a Government Department.
(3) An appeal must be made not later than 28 days after notice of the Registrar-General's determination is given to the person concerned.
(3A) The appellant must join each owner of land adjoining the boundary (except, in each case, an appellant owner) as a party to the following proceedings:
(a) proceedings on an appeal under this section,
(b) proceedings on any appeal under the Land and Environment Court Act 1979 in respect of the appeal.
(4) The Registrar-General is not to take action under section 135K (Noting of boundary on plans etc):
(a) until the expiration of the period during which an appeal can be made against the determination concerned to the Land and Environment Court, and
(b) (if an appeal is made during that period) until the matter has been determined by the Land and Environment Court.
(5) The Registrar-General is entitled to be joined as a party, and to appear and be heard either personally or by his or her duly appointed agent, at the hearing of an appeal under this section and at the hearing of any appeal under the Land and Environment Court Act 1979 in respect of any such appeal.



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