New South Wales Consolidated Acts

ENVIRONMENTALLY HAZARDOUS CHEMICALS ACT 1985 - SECT 37

37 Order for assessment

(1) Where the Authority has failed to notify, within the prescribed time after the lodging of an application under Division 3 of Part 3, the terms of a chemical control order made by it or its determination not to make any such order as provided by section 21, in respect of the prohibited activity the subject of the application, the applicant may appeal to the Court.

(2) In determining an appeal under this section, the Court:

(a) may order the Authority:

(i) to make a chemical control order, or

(ii) to make a determination not to make any such order,

with respect to the prohibited activity to which the appeal relates, and to do so within a time specified in the order of the Court, or

(b) may make no order.

(3) In determining an appeal under this section, the Court is entitled to consider any request for information made to the appellant under section 16 and the result of any such request.

(4) The Authority shall, as the case may require, carry into effect any order of the Court made under subsection (2).