(1) The following persons aggrieved by a decision of the appropriate
regulatory authority about a licence or licence application may, within the
prescribed period, appeal the decision to the Land and Environment Court--
(a)
for a licence--a person who has held the licence,
(a) in
the case of an appeal against a decision to suspend or revoke a licence
(whether with or without conditions)--does not operate to stay the decision
appealed against, and
(b) in the case of an appeal against any other
decision--does not, except to the extent that the Land and Environment Court
otherwise directs in relation to the appeal, operate to stay the decision
appealed against.
(1B) For the avoidance of doubt, the Land and Environment
Court has no jurisdiction to make an order staying a decision referred to in
subsection (1A) (a).
(2) An appeal under this section extends to a decision
to refuse the licence application, to impose conditions on the issue of a
licence, to vary the conditions of a licence, to revoke or suspend a licence,
to refuse to approve the surrender of a licence, to impose conditions on a
revocation, suspension or surrender of a licence or to attach any new
conditions to, or to vary any conditions of, a suspension, revocation or
surrender of a licence.
Note : The Dictionary defines
"licence application" to mean an application for the issue, transfer or
variation of a licence or for approval of the surrender of a licence.
(3) For
the purposes of this section, a licence application is taken to have been
refused--
(a) in the case of an application for a variation of a licence about
which the appropriate regulatory authority is required to invite and consider
public submissions under section 58 (6), if the application is not granted
within 90 days after it is duly made, or
(b) in the case of an application
for a licence relating to controlled development, if the application is not
granted within 60 days after it is duly made or within 30 days after
development consent is granted for the controlled development, whichever is
the later, or
(c) in any other case, if the application is not granted within
60 days after it is duly made.
(4) The period commencing when an applicant is
duly required under this Act to provide additional information within a
specified period for the purposes of determining a licence application and
ending when that information is provided or the specified period ends
(whichever occurs first) is not to be taken into account in determining
whether a licence application is taken to have been refused.
(5) Nothing in
this section prevents the determination of a licence application under this
Act after the end of a period referred to in subsection (3).
(6) There is no
appeal under this section against a condition that is imposed on a licence, or
varied or revoked, by the regulations.
(7) In this section--
"prescribed period" , for a person, means--
(a) the period prescribed by the
regulations, or
(b) if no period is prescribed--
(i) 21 days after the person
is given notice of the decision of the appropriate regulatory authority, or
(ii) 21 days after the person's licence application is taken to have been
refused under subsection (3).
Note : Section 4.52 of the
Environmental Planning and Assessment Act 1979 provides that, in the case of
integrated development under that Act involving a licence application,
the Court is under the same obligation as the appropriate regulatory authority
with respect to the issue of the licence in accordance with the previous
general terms of any approval by that authority.