New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 368

368 Appeals to Land and Environment Court

(1) An appeal lies to the Land and Environment Court against any of the following decisions made by the Minister:

(a) a decision refusing to grant an access licence,

(b) a decision granting a designated access licence, if the appellant was an objector to the granting of the licence,

(c) a decision imposing a discretionary condition on an access licence,

(d) a decision fixing the term of an access licence,

(e) a decision refusing consent to a dealing in an access licence,

(f) a decision suspending or cancelling an access licence,

(fa) a decision:

(i) in relation to the recording of any matter in the Access Register, or

(ii) in relation to the issue of any access licence certificate,

(g) a decision refusing to grant an approval, other than a decision refusing to accept an application for an approval,

(h) a decision granting a designated approval, if the appellant was an objector to the granting of the approval,

(i) a decision imposing a discretionary condition on an approval,

(j) a decision fixing the term of an approval,

(k) a decision refusing to amend an approval in accordance with an application made by its holder,

(l) a decision suspending or cancelling an approval,

(la) a decision ordering an irrigation corporation to pay a civil penalty to the Minister,

(m) a decision ordering a major utility or local water utility to pay a civil penalty to the Minister,

(ma) a decision under section 60G,

(n) a decision to give a direction to a person under Part 1,

(o) a decision as to a person’s entitlement to compensation for damage arising from the exercise of a power of entry under Part 2.

(2) Despite subsection (1):

(a) no appeal lies against any decision made by the Minister on an application to which an objection has been made if:

(i) in the case of the applicant, the Minister has dismissed the application as a consequence of the applicant having failed to participate in mediation or neutral evaluation proceedings, or

(ii) in the case of the objector, the Minister has dismissed the objection as a consequence of the objector having failed to participate in mediation or neutral evaluation proceedings, and

(b) no appeal lies against any decision made by the Minister pursuant to a report from a Commission of Inquiry under section 119 of the Environmental Planning and Assessment Act 1979 , and

(c) no appeal lies against a decision of the Minister to grant a licence under section 63A or 63B or to impose a discretionary condition on such a licence.

(3) An appeal is to be made in accordance with rules of court, but may not be made more than 28 days after the date on which the decision was made.

(4) In addition to the appellant and the Minister:

(a) the parties to an appeal made by an applicant for a designated access licence or designated approval against a decision refusing to grant the licence or approval include any objector to the granting of the licence or approval who, in accordance with rules of court, gives notice to the Land and Environment Court of the objector’s wish to become a party to the appeal, and

(b) the parties to an appeal made by an objector to the granting of a designated access licence or designated approval against a decision granting the licence or approval include the applicant for the licence or approval.

(5) The lodging of an appeal does not operate to stay action on the decision appealed against, except to the extent that the Land and Environment Court otherwise directs.

(6) In this section:
"designated access licence" means an access licence to which a person has a right of objection under section 62.
"designated approval" means an approval to which a person has a right of objection under section 93.