New South Wales Consolidated Acts

ENVIRONMENTALLY HAZARDOUS CHEMICALS ACT 1985 - SECT 38

38 Appeal against order or outcome of assessment

(1) A person who objects to a chemical control order or to a determination made by the Authority under section 20 (d) may, within the time prescribed, appeal to the Court:

(a) on the ground that the basis on which the order or determination was made was erroneous, or

(b) on the ground that, having regard to all the circumstances of the case:

(i) the Authority (where it made a chemical control order) ought not to have made any such order or ought to have made some other order, or

(ii) the Authority (where it determined not to make any such order) ought to have made a chemical control order.

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

(a) may confirm any chemical control order made by the Authority against which the appeal was brought,

(b) may revoke any such order and make no further order,

(c) may revoke any such order and may make any order the Authority might have made under section 22 or 23 with respect to the chemical or chemical waste concerned, or

(d) where the appeal was brought against the Authority’s determination not to make any such order-may make any order the Authority might have made under section 22 or 23 with respect to the chemical or chemical waste concerned.

(3) An order of the Court under subsection (2) (c) or (d):

(a) shall take effect on and from a date specified by the Court, and

(b) shall otherwise operate as if it were a chemical control order.