(1) A proprietor of a
lot who has applied for but not obtained an approval under section 7B may
apply to the State Administrative Tribunal for an order under this section.
(2) An order under
this section is an order declaring that the approval required under
section 7 or 7A, as the case may be, is to be deemed to have been given
by the proprietor or the strata company.
(3) On the making of
an application under subsection (1), the State Administrative Tribunal
may make an order under this section if satisfied that the
should have been given under section 7 or 7A, as the case may be; but
been unreasonably withheld,
by the proprietor or
the strata company.
(4) If —
proprietor has made an application to a strata company under section 7B;
application has been considered at a general meeting at which no vote was
passed against the application,
the proprietor may
make a conditional application for an order under this section.
(5) The State
Administrative Tribunal cannot make an order on a conditional application
unless a proprietor, voting in accordance with section 3AC(2), casts a
vote against the application referred to in subsection (4)(a) nor until
the expiration of 35 days after the meeting.
[Section 103F inserted: No. 58 of 1995
s. 77; amended: No. 61 of 1996 s. 5; No. 55 of 2004
s. 1142, 1156(1) and 1158.]