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OFFSHORE MINERALS ACT 1994 - SECT 407 Review of delegated decisions

OFFSHORE MINERALS ACT 1994 - SECT 407

Review of delegated decisions

  (1)   A person whose interests are affected by a reviewable delegated decision may apply to the Designated Authority for reconsideration of the decision.

  (2)   An application under subsection   ( 1) must:

  (a)   be in writing; and

  (b)   be given to the Designated Authority before the end of the application period; and

  (c)   set out the applicant's reasons for seeking a review of the decision.

  (3)   The Designated Authority may extend the application period if the applicant asks for an extension before the end of the period.

  (4)   The Designated Authority must reconsider a reviewable delegated decision as soon as possible after receiving an application under subsection   ( 1).

  (5)   The Designated Authority may:

  (a)   confirm the reviewable delegated decision; or

  (b)   revoke the decision; or

  (c)   revoke the decision and make a new decision instead of the revoked decision.

  (6)   The Designated Authority must give the applicant a written notice that informs the applicant:

  (a)   of the outcome of the reconsideration; and

  (b)   that the applicant may apply to the Administrative Appeals Tribunal for review of the reconsideration; and

  (c)   that the applicant may request a statement of reasons in relation to the reconsideration under section   28 of the Administrative Appeals Tribunal Act 1975 .

  (7)   If an applicant is not given notice of the result of the reconsideration within 60 days after the day on which the applicant lodged the application, the Designated Authority is taken to have confirmed the reviewable delegated decision.

  (8)   Failure to comply with the requirements of subsection   ( 6) in relation to a reviewable delegated decision does not affect the validity of the decision.

  (9)   A person whose interests are affected by a reviewable decision may apply to the Administrative Appeals Tribunal for review of the decision.