OpenLegislation

Regulation 33 Site inspections

Original text. Later amendments are not shown.

(1)

The appointed person may at any time make an unaccompanied inspection of the land without giving notice of an intention to do so to the appellant or the respondent.

(2)

During an inquiry or hearing or after the close of an inquiry or hearing, the appointed person:

(a)

may, after announcing during the inquiry or hearing the date and time at which the inspection is proposed to be made, inspect the land in the company of the appellant, the respondent and any interested person; and

(b)

must make such an inspection if so requested by the appellant or the respondent before or during an inquiry or hearing.

(3)

If an appeal is being determined on the basis of written representations, the appointed person:

(a)

may, after giving the appellant and the respondent reasonable notice in writing of an intention to do so, inspect the land in the company of the appellant, the respondent and any interested person; and

(b)

must make such an inspection if so requested by the appellant or the respondent before the appointed person makes a decision.

(4)

An appellant must take such steps as are reasonably within the appellant’s power to enable the appointed person to obtain access to the land to be inspected.

(5)

The appointed person is not to be bound to defer an inspection of the kind referred to in paragraphs (2) or (3) where any person mentioned in those paragraphs is not present at the time appointed.