WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 516
Stay of operation of original decision
WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 516
Stay of operation of original decision
516 Stay of operation of original decision
(1) An internal review application does not stay the original decision the
subject of the application.
(2) However, the applicant may immediately apply
for a stay of the original decision to—
(a) if, under part 3 , the applicant
would be able to appeal to the Planning and Environment Court—the Planning
and Environment Court; or
(b) if, under part 3 , the applicant would be able
to apply to QCAT for an external review—QCAT; or
(c) if, under part 4 , the
applicant would be able to apply for arbitration—a court with jurisdiction
to hear the proceeding.
(2A) An application to QCAT under subsection (2) (b)
must be made as provided under the QCAT Act .
(3) The court or QCAT may stay
the original decision to secure the effectiveness of the internal review and a
later arbitration, appeal to the court or external review by QCAT.
(4) The
stay—
(a) may be given on conditions the court or QCAT considers
appropriate; and
(b) operates for the period fixed by the court or QCAT; and
(c) may be revoked or amended by the court or QCAT.
(5) The period of the
stay must not extend past the day when the reviewer makes a review decision
about the original decision and any later period the court or QCAT allows the
applicant to enable the applicant to—
(a) seek arbitration on the review
decision; or
(b) appeal against or apply for external review of the review
decision.
(6) An internal review application affects the original decision,
or carrying out of the decision, only if the decision is stayed.
