Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsPenalty: $5,000 or imprisonment for 6 months.
275. (1) This section applies to—
(a) a decision of the Minister—
(i) refusing to approve an application under subsection 228 (2);
(ii) refusing to give an approval under section 230;
(iii) refusing to grant an extension of a period under subsection 233 (3);
(iv) refusing to exclude the identity of an objector under section 239;
(v) giving an approval under section 245 subject to conditions;
(vi) refusing to give an approval under subsection 245 (4);
(vii) refusing to amend an approval under section 247;
(viii) refusing to extend time under section 252; or
(ix) revoking an approval under section 253;
(b) a decision of a concurring authority under paragraph 235 (1) (b) or (c); and
(c) a decision of the Executive under section 240 or 241.
(2) Where the Minister, a concurring authority or the Executive, as the case may be, makes a decision to which this section applies, the person who made the application in respect of which the decision was made may apply to the Tribunal for a review of the decision.
(3) Where—
(a) an approval that is in force contains a condition that a specified controlled activity is to be conducted to the satisfaction of the Minister or a specified person or body; and
(b) the Minister or that specified person or body makes a decision that the activity has not been conducted to the satisfaction of the Minister or that person or body;
the applicant to whom the decision relates may apply to the Tribunal for a review of the decision.
(4) Where the Minister, a concurring authority or the Executive makes a decision of a kind to which this section applies, the Minister shall cause notice in writing of the decision to be given to the applicant.
(5) Where the Minister or a person or body referred to in subsection (3) makes a decision of a kind referred to in that subsection, the Minister, or the person or body making the decision shall cause notice in writing of the decision to be given to the applicant to whom the decision relates, as the case requires.
(6) A notice under subsection (4) or (5) shall—
(a) include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989 , an application may be made to the Tribunal for a review of the decision to which the notice relates; and
(b) except where subsection 26 (11) of that Act applies—include a statement to the effect that a person whose interests are affected by the decision may request a statement pursuant to section 26 of that Act.
(7) The validity of a decision to which this section applies is not to be taken to be affected by a failure to comply with subsection (6).
276. (1) Application for a review of—
(a) a decision of the Minister to approve an application under section 230 or 245;
(b) a decision of a concurring authority not to object to the approval of an application under section 235; or
(c) a decision of the Executive to approve an application under section 240 or 241;
may be made by a person to the Tribunal within 14 days after the day on which the person was notified of the decision if—
(d) the person making the application is a person who objected under section 237; or
(e) the Tribunal has reasonable grounds for believing that the applicant was, in the circumstances, unable to object to the making of the decision within the prescribed period.
(2) A notice given under section 243 to a person who objected under section 237 shall—
(a) include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989 , application may be made to the Tribunal, within 14 days after the date of the decision, for a review of the decision to which the notice relates; and
(b) except where subsection 26 (11) of that Act applies—include a statement to the effect that a person whose interests are affected by the decision may request a statement pursuant to section 26 of that Act.
(3) The validity of a decision to which this section applies is not to be taken to be affected by a failure to comply with subsection (2).
(4) If regulations are made for the purposes of subsection 229 (8) then, in respect of a decision in respect of which those regulations apply (other than in respect of a matter to which subsection (5) of this section applies), subsection (1) of this section does not apply, and any person whose interests are affected by the decision may apply to the Tribunal for a review of the decision.
(5) A person is not entitled to make an application under this section if—
(a) the Minister has issued a certificate that, an Environmental Impact Statement made, or an Inquiry conducted, under Part IV, has substantially dealt with matters forming the basis of the Minister's decision to give the applicant approval to conduct a controlled activity; or
(b) circumstances are specified in the Plan pursuant to paragraph 7 (3) (c).
(6) At the hearing of a proceeding before the Tribunal, the Tribunal shall have regard to—
(a) any decisions or recommendations of a Committee of the Legislative Assembly in relation to; and
(b) any Environmental Impact Statement made, or Inquiry conducted into;
a matter which is in issue in the hearing.
(7) A certificate under paragraph (5) (a) shall be tabled in the Legislative Assembly on the first sitting day of the Assembly after the date of the certificate.
277. (1) A person whose interests are affected by a decision of the Minister—
(a) to make an order under section 256;
(b) to refuse to make an order under section 256; or
(c) to make an order subject to a direction of a kind referred to in paragraph 256 (5) (b);
may apply to the Tribunal for a review of the decision.
(2) Where the Minister makes a decision of the kind referred to in subsection (1), the Minister shall cause notice of the decision to be given to the applicant and any other person whose interests are, in the opinion of the Minister, adversely affected by the decision.
(3) A notice under subsection (2) shall—
(a) include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989 , an application may be made to the Tribunal for a review of the decision to which the notice relates; and
(b) except where subsection 26 (11) of that Act applies—include a statement to the effect that a person whose interests are affected by the decision may request a statement pursuant to section 26 of that Act.
(4) The validity of a decision to which this section applies is not to be taken to be affected by a failure to comply with subsection (3).
278. (1) Where an applicant makes an application under section 275 for the review of a decision referred to in paragraph 275 (1) (a), (b) or (c), the Minister shall, as soon as practicable after being notified of the application for review, give notice to each concurring authority and to each person who objected under section 237 that the applicant has applied for a review of the decision.
(2) A notice under subsection (1) shall include a statement to the effect that the person to whom it is given is entitled, on application to the Tribunal, to be made a party to the proceedings for the review.
279. (1) Where an objector makes an application under section 276 for the review of a decision, the objector shall, at the same time, give notice to the person who made the application for approval of the decision in relation to which the objector has applied for review.
(2) A notice under subsection (1) shall include a statement to the effect that the person to whom it is given is entitled, on application to the Tribunal, to be made a party to the proceedings for the review.
(3) In subsection (1)—