Application for stay of investigation or prohibition notice
36 Application for stay of investigation or prohibition notice
(1) If a person duly applies under this Part for review of an investigation
notice or a prohibition notice, the person may apply to the following courts
for a stay of the notice--
(a) in the case of a review by the EPA--the Land
and Environment Court, or
(b) in the case of a review by SafeWork NSW--a
Local Court constituted by an Industrial Magistrate sitting alone.
(2) A stay
may be granted for such period as the court concerned considers appropriate,
but not so as to extend past the time when notice of the result of the review
is given to the applicant by the relevant Competent Authority.
(3) A stay may
be granted on such conditions as the court considers appropriate and may be
revoked or amended by the court.
