ENVIRONMENT PROTECTION ACT 1993 - SECT 106
ENVIRONMENT PROTECTION ACT 1993 - SECT 106
(1) The following
appeals may be made to the Environment, Resources and Development Court:
(a) a
person who applied for a works approval or licence may appeal to the Court
against a decision of the Authority—
(i)
refusing to grant the approval or licence; or
(ii)
determining the term of the approval or licence; or
(iii)
imposing a condition of the approval or licence;
(b) an
applicant for the transfer of a works approval or licence may appeal to the
Court against a decision of the Authority to refuse to approve the transfer;
(c) the
holder of a works approval or licence may appeal to the Court against a
decision of the Authority—
(i)
determining the term of the approval or licence on
application for its renewal; or
(ii)
varying or imposing a condition of the approval or
licence or determining a matter in relation to such a condition (including a
matter relating to a financial assurance lodged with the Authority); or
(iii)
suspending or cancelling the approval or licence or
imposing a disqualification on the holder; or
(iv)
refusing to approve the surrender of the approval or
licence;
(ca) the
holder of a licence may appeal to the Court against a decision of
the Authority to renew the licence of its own initiative and without
application by the holder of the licence;
(cab) an
applicant for endorsement of a licence under Part 6A as a sustainability
licence may appeal to the Court against a decision of the Authority to refuse
to endorse the licence;
(cac) an
applicant for approval of a transfer of an endorsement of a licence under Part
6A as a sustainability licence may appeal to the Court against a decision of
the Authority to refuse to approve the transfer;
(cad)
the holder of a licence may appeal to the Court against a decision of
the Authority to revoke an endorsement of the licence under Part 6A as a
sustainability licence;
(cb) a
person who applied for a beverage container approval may appeal to the Court
against a decision of the Authority—
(i)
refusing to grant the approval; or
(ii)
imposing a condition of the approval;
(cc) the
holder of a beverage container approval may appeal to the Court against a
decision of the Authority—
(i)
varying the approval or varying or imposing a condition
of the approval; or
(ii)
revoking the approval;
(d) a
person to whom an environment protection order, information discovery order,
clean-up order, site contamination assessment order or site remediation order
has been issued may appeal to the 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—
(a) in
the case of an appeal against an environment protection order,
information discovery order, clean-up order,
site contamination assessment order or site remediation order or variation of
such an order—within 14 days after the order is issued or the variation
is made;
(b) in
any other case—within two months after the making of the decision.
(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 this section.
(5) 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 the appeal).