ENVIRONMENTAL PROTECTION ACT 1994 - SECT 521
Procedure for review
ENVIRONMENTAL PROTECTION ACT 1994 - SECT 521
Procedure for review
521 Procedure for review
(1) A dissatisfied person may apply for a review of an original decision.
(2)
The application must—
(a) be made in the approved form to the administering
authority within the following period (the
"review application period" )—
(i) 10 business days after the day on which
the person receives notice of the original decision or the administering
authority is taken to have made the decision (the
"review date" );
(ii) the longer period the authority in special
circumstances allows; and
(b) be supported by enough information to enable
the authority to decide the application.
(3) The administering authority
must, within 5 business days after the end of the review application period
or, if 2 or more applications are received in relation to the original
decision, the end of the latest of the review application periods, send the
following documents to the other persons who were given notice under this Act
of the original decision—
(a) notice of the application (the
"review notice" );
(b) either—
(i) a copy of the application and supporting
documents; or
(ii) details of where a copy of the application and supporting
documents may be inspected or accessed.
(4) The review notice must inform the
recipient that submissions on the application may be made to the administering
authority within 5 business days (the
"submission period" ) after the day the authority sends the review notice to
the recipient.
(5) If the administering authority receives only 1 application
in relation to the original decision and is satisfied the applicant has
complied with subsection (2) , the authority must, within the
decision period—
(a) review the original decision; and
(b) consider any
submissions properly made by a recipient of the review notice; and
(c) make a
decision (the
"review decision" ) to—
(i) confirm or revoke the original decision; or
(ii) vary the original decision in a way the administering authority considers
appropriate.
(6) If the administering authority receives 2 or more
applications in relation to the original decision and is satisfied the
applicants have complied with subsection (2) , the authority must, within the
decision period—
(a) review the original decision; and
(b) consider any
submissions properly made by a recipient of any of the review notices; and
(c) make 1 decision (also the
"review decision" ) in relation to the applications to—
(i) confirm or
revoke the original decision; or
(ii) vary the original decision in a way the
administering authority considers appropriate.
(7) The application does not
stay the original decision.
Note—
See part 3 , division 4 in relation to
stays.
(8) The application must not be dealt with by—
(a) the person who
made the original decision; or
(b) a person in a less senior office than the
person who made the original decision.
(9) Within 10 business days after
making the review decision, the administering authority must give written
notice of the decision to the applicant and persons who were given notice
under this Act of the original decision.
(b) inform the persons of their
right of appeal against the decision.
(11) If the administering authority
does not comply with subsection (5) , (6) or (9) , the authority is taken to
have made a decision confirming the original decision.
(13) This
section does not apply to an original decision made by—
(a) for a matter,
the administration and enforcement of which has been devolved to a local
government—the local government itself or the chief executive officer of the
local government personally; or
(b) for another matter—the chief executive
personally.
(14) Also, this section does not apply to an original decision to
issue a clean-up notice.
(15) In this section—
"decision period" , for a review of an original decision, means—
(a) if only
1 application is received in relation to the original decision and a
submission is received within the submission period—
(i) 20 business days
after the administering authority receives the application; or
(ii) the
longer period, of not more than 5 additional business days, the authority in
special circumstances decides; or
(b) if only 1 application is received in
relation to the original decision and no submissions are received within the
submission period—
(i) 15 business days after the administering authority
receives the application; or
(ii) the longer period, of not more than 5
additional business days, the authority in special circumstances decides; or
(c) if 2 or more applications are received in relation to the original
decision and a submission is received within the submission period for at
least 1 of the applications—
(i) 20 business days after the administering
authority receives the latest of the applications; or
(ii) the longer period,
of not more than 5 additional business days, the authority in special
circumstances decides; or
(d) if 2 or more applications are received in
relation to the original decision and no submissions are received within the
submission period for any of the applications—
(i) 15 business days after
the administering authority receives the latest of the applications; or
(ii)
the longer period, of not more than 5 additional business days, the authority
in special circumstances decides.
