WATER ACT 2000 - SECT 865 Stay of operation of original decision

WATER ACT 2000 - SECT 865

865 Stay of operation of original decision

(1) If an application is made for an internal review of an original decision, the applicant may immediately apply for a stay of the original decision to—

(a) if, under section 877 (1) (a) or (c) , the applicant would be able to apply to QCAT for an external review—QCAT; and

(b) if, under section 877 (1) (b) or (d) , the applicant would be able to appeal to the Land Court—the Land Court.

(1A) An application to QCAT under subsection (1) (a) must be made as provided under the QCAT Act .

(2) QCAT or the Land Court may stay the original decision to secure the effectiveness of the review and a later application for external review to QCAT or appeal to the court.

(3) The stay—

(a) may be given on conditions QCAT or the court considers appropriate; and

(b) operates for the period fixed by QCAT or the court; and

(c) may be revoked or amended by QCAT or the court.

(4) The period of the stay must not extend past the time when the reviewer makes a review decision about the original decision and any later period QCAT or the court allows the applicant to enable the applicant to apply for an external review or appeal against the review decision.

(5) The application affects the original decision, or carrying out of the decision, only if the decision is stayed.