South Australian Consolidated Acts South Australian Consolidated Acts (1) An applicant for
consent to clear native vegetation may appeal to the ERD Court against a
refusal by the Council on or after the commencement of this Part to grant the
consent or against the imposition by the Council on or after the commencement
of this Part of conditions on the consent.
(2) A person who has
been given a written direction under section 31E may appeal to the
ERD Court against the direction.
(3) An appeal under
subsection (1) or (2) must be instituted in the manner and form
determined by the Court within the prescribed period after the appellant first
has notice of the decision or direction appealed against or within such
further time as the Court considers to be reasonable in the circumstances.
(4) The prescribed
period referred to in subsection (3) is—
(a) in
the case of an appeal under subsection (1)—two months;
(b) in
the case of an appeal under subsection (2)—14 days after the
direction is given to the appellant.
(5) An appeal under
subsection (1) will be in the nature of a judicial review of an
administrative decision on grounds relating to the practices or procedures of
the Council that are recognised by administrative law (and not so as to allow
in any respect a review of the merits of the decision).
(6) On an appeal the
Court may—
(a) in
the case of an appeal under subsection (1)—
(i)
affirm the decision appealed against; or
(ii)
rescind the decision appealed against and remit the
subject matter of the appeal to the Council for consideration or further
consideration in accordance with any recommendations of the Court (but not so
as to derogate from the ultimate discretion of the Council to refuse to grant
a consent, or to impose conditions with respect to the granting of a consent);
(b) in
the case of an appeal under subsection (2)—
(i)
affirm the direction appealed against; or
(ii)
rescind the direction appealed against (but not so as to
derogate from the ability of an authorised officer to give a further direction
in an appropriate case after taking into account any relevant decision of the
Court).
(7) Despite subsection
(1) of section 17 of the Environment, Resources and Development Court
Act 1993, a person cannot be joined under that subsection as a party to
proceedings on an appeal under subsection (1) of this section but the
Court may, if it is of the opinion that there is some good reason for doing
so, allow a person who is not a party to the proceedings to appear or be
represented in the proceedings and, in so doing—
(a)
produce documents and other materials; and
(b) make
representations and submissions.