New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 221I

221I Appeal by applicant or person commenting on licence application

(1) An applicant for a licence or a person who has made written submissions (within the period specified in this Subdivision) about an application for a licence, or a person to whose licence conditions or restrictions have been attached or whose licence has been varied or cancelled may, if dissatisfied with the Director-General’s decision, appeal to the Land and Environment Court.

(2) In determining an appeal about an application for a licence, the Court must take into account the matters required by this Division to be taken into account by the Director-General when considering whether to grant or refuse to grant a licence, but this requirement does not limit the operation of section 39 of the Land and Environment Court Act 1979 .

(3) An appeal is to be made by a person within 28 days after the Director-General notifies the person of the matter concerned or, if the appellant is dissatisfied with any condition or restriction attached to a licence when it is granted, within 28 days after the licence is granted.

(4) If an appeal relates to the grant of a licence, the licence has no operation until the expiration of the period within which a person entitled to lodge an appeal may do so or, if an appeal has been lodged, until the appeal is finally determined.

(5) If no written submissions about an application of a licence are received at the specified place and by the specified date and the applicant informs the Director-General in writing that the applicant does not wish to lodge an appeal but that the applicant wishes the licence to commence, the licence is to operate from a date stipulated by the Director-General.