PART 2MONUMENTS OF SPECIAL HISTORIC INTEREST

CHAPTER 7GENERAL

Supplementary

I173Application to High Court for statutory review of decision or order

1

A person aggrieved by a decision or order to which section 72 applies may make an application for statutory review.

2

An application for statutory review is an application to the High Court questioning the validity of the decision or order on the grounds that—

a

it is not within the powers conferred by this Act, or

b

a relevant requirement has not been complied with in relation to the decision or order.

3

An application for statutory review must be made before the end of 6 weeks beginning with the day after the day the decision or order to which the application relates is made.

4

On any application for statutory review the High Court—

a

may make an interim order suspending the operation of the decision or order to which the application relates, until the proceedings are finally determined;

b

may quash that decision or order if satisfied that—

i

it is not within the powers conferred by this Act, or

ii

the interests of the applicant have been substantially prejudiced by a failure to comply with a relevant requirement in relation to the decision or order.

5

In this section “relevant requirement” means any requirement of—

b

any subordinate legislation made under this Act or under that Act.