ADELAIDE DOLPHIN SANCTUARY ACT 2005 - SECT 41
ADELAIDE DOLPHIN SANCTUARY ACT 2005 - SECT 41
(1) A person to whom a
protection order or reparation order has been issued under Division 1 may
appeal to the ERD Court against the order or any variation of the order.
(2) An appeal must be
made in a manner and form determined by the Court, setting out the grounds of
the appeal.
(3) Subject to this
section, an appeal must be made within 21 days after the order is issued or
the variation is made.
(4) The Court may, if
it is satisfied that it is just and reasonable in the circumstances to do so,
dispense with the requirement that an appeal be made within the period fixed
by subsection (3).
(5) Unless otherwise
determined by the Court, an appeal must be referred in the first instance to a
conference under section 16 of the Environment, Resources and Development
Court Act 1993 (and the provisions of that Act will then apply in
relation to that appeal).
(6) Subject to
subsection (7), the institution of an appeal does not affect the
operation of the order to which the appeal relates or prevent the taking of
action to implement the order.
(7) The Court may, on
application by a party to an appeal, make an order staying or otherwise
affecting the operation or implementation of the whole or a part of an order
if the Court is satisfied that it is appropriate to do so having regard
to—
(a) the
possible consequences to the Sanctuary and the interests of any persons who
may be affected by the appeal; and
(b) the
need to secure the effectiveness of the hearing and determination of the
appeal.
(8) An order under
subsection (7)—
(a) may
be varied or revoked by the Court by further order;
(b) is
subject to such conditions as are specified in the order;
(c) has
effect until—
(i)
the end of the period of operation (if any) specified in
the order; or
(ii)
the decision of the Court on the appeal comes into
operation,
whichever is the earlier.
(9) The Court must not
make an order under subsection (7) unless each party to the appeal has
been given a reasonable opportunity to make submissions in relation to the
matter.
(10) The Court may, on
hearing an appeal under this section—
(a)
confirm, vary or revoke the order appealed against;
(b)
order or direct a person or body to take such action as the Court thinks fit,
or to refrain (either temporarily or permanently) from such action or activity
as the Court thinks fit;
(c) make
any consequential or ancillary order or direction, or impose any condition,
that it considers necessary or expedient.