New South Wales Consolidated Acts

ENVIRONMENTALLY HAZARDOUS CHEMICALS ACT 1985 - SECT 39

39 Appeal with respect to licence

(1) A person aggrieved:

(a) by the Authority’s refusal of the person’s application for a licence or renewal or transfer of a licence,

(b) by the imposition by the Authority of a condition on a licence granted to the person,

(c) by the variation by the Authority of a condition for the time being attached to a licence, or

(d) by the revocation or suspension of the person’s licence,

may, within the time prescribed, appeal to the Court.

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

(a) may order the Authority to grant the appellant a licence or renewal or transfer of a licence unconditionally or subject to such conditions as the Court may specify,

(b) may order that the conditions for the time being attached to a licence shall not be varied or shall be varied in the manner specified by the Court,

(c) may, by order, rescind the revocation or suspension of a licence, or

(d) may make no order,

as the Court thinks fit.

(3) In determining an appeal under this section, the Court is entitled to consider any request for particulars made to the appellant under section 28 (5) 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).