New South Wales Consolidated Acts

ENVIRONMENTALLY HAZARDOUS CHEMICALS ACT 1985 - SECT 40

40 Appeal with respect to direction

(1) A person to whom a direction has been given, by a notice served on the person under section 35 (1), to take action within a time specified, as referred to in section 35 (2) (a), in the notice, and who is aggrieved by the direction may, within the time prescribed for the purposes of this subsection, appeal to the Court.

(2) A person to whom a direction has been given, by a notice served on the person under section 35 (1), to take action forthwith as referred to in section 35 (2) (b), and who is aggrieved by the direction on the grounds that:

(a) the contamination of the premises to which the direction relates was not the result of the carrying on of any prescribed activity by the person or on the person’s behalf, and

(b) at the time the person became the occupier of the premises, the person did not know and had no reason to suspect that the premises were becoming or had become contaminated as specified in the notice by which the direction was given,

may, within the time prescribed for the purposes of this subsection, appeal to the Court.

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

(a) may confirm the direction,

(b) may revoke the direction and give no further direction, or

(c) may revoke the direction and give any other direction the Authority might have given under section 35.

(4) A direction given by the Court under subsection (3) (c):

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

(b) shall otherwise operate as if it were a direction given by the Authority under section 35.