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Judicial review

Cap. 145, s. 26 · Revised Edition 2020

(1) Any person aggrieved by a special area precautionary plan for a specially vulnerable area, who desires to question the validity thereof or of any provision contained therein on the grounds that it is not within the powers of this Act or that any requirement of this Act or of any Regulations has not been complied with in relation to the approval or preparation of the plan may, within six weeks from the date on which the notice is published in the Gazette under section 21(1) of this section, make an application to the Supreme Court under this section in accordance with any Rules of Court for the time being in force. (2) On any application under this section, the Supreme Court, if satisfied that the plan or any powers contained therein, is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by a failure to comply with any requirement of this Act or of any Regulations, may quash the special area precautionary plan or any provision contained therein, either generally or in so far as it affects any property of the applicant. (3) Where the whole special area precautionary plan is quashed under subsection (2) of this section, the National Co- ordinator shall prepare a new draft special area precautionary plan to which sections 17 to 20 of this Act shall apply as they apply to a draft plan under section 16(l) of the Act. (4) Where a provision of the special area precautionary plan is quashed under subsection (2) of this section, but the whole plan is not quashed, the plan without the quashed provision shall be deemed to be an approved amended special area precautionary plan under section 20(1)(a) of this Act.
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