ENVIRONMENTAL PROTECTION ACT 1986 - SECT 100
ENVIRONMENTAL PROTECTION ACT 1986 - SECT 100
100 . Appeals against Authority’s decisions etc. as to proposals and schemes
(1) Any
decision-making authority, responsible authority, proponent or other person
that disagrees with —
(a) a
recorded decision of the Authority that a proposal is not to be assessed,
other than a decision that includes a recommendation that the proposal be
dealt with under Part V Division 2; or
[(b), (c) deleted]
(d) the
content of, or any recommendation in, the report prepared under section 44 in
respect of a proposal; or
(e) the
content of, or any recommendation in, the report prepared under section 48D in
respect of a scheme,
may lodge with the
Minister an appeal in writing setting out the grounds of the appeal.
(1a) In subsection (1)
—
recorded means set out in a public record under
section 39(1).
[(2) deleted]
(3) Any proponent that
disagrees with any conditions or procedures agreed under section 45(3) or (4)
(or under section 45(3) or (4) as applied by section 46(8)) may lodge with the
Minister an appeal in writing setting out the grounds of that appeal.
(3a) An appeal may be
lodged —
(a)
under subsection (1)(a), within 21 days of the making available of the public
record; or
(b)
under subsection (1)(d), within 21 days of the publication of the report under
section 44(3)(a); or
(c)
under subsection (1)(e), within 21 days of the publication of the report under
section 48D(3)(a); or
(d)
under subsection (3), within 14 days after the publication of the Ministerial
statement setting out the agreement.
[(e) deleted]
(4) A proponent who is
aggrieved by —
(a) a
notice served on the proponent under section 48(7)(b); or
(b) the
taking of any steps under section 48(7)(c) or (d),
may, within 14 days of
the service of that order or the taking of the last of those steps, as the
case requires, lodge with the Minister an appeal in writing setting out the
grounds of that appeal.
[Section 100 amended: No. 73 of 1994 s. 4; No. 23
of 1996 s. 22; No. 54 of 2003 s. 23; No. 40 of 2010 s. 6; No. 40 of 2020
s. 84.]