ENVIRONMENTAL PROTECTION ACT 1986 - SECT 106
ENVIRONMENTAL PROTECTION ACT 1986 - SECT 106
106 . Preliminary procedure on appeals
(1) When an appeal is
lodged under this Part, the Appeals Convenor —
(a) if
the appeal is lodged under section 100, shall request the Authority to report
to the Minister on the appeal; and
(b) if
the appeal is lodged under section 101A, 102, 103 or 104, shall request the
CEO to report to the Minister on the appeal; and
(c) may
consult the appellant and any other appropriate person to determine whether or
not the point at issue in the appeal can be resolved; and
(d) if
the decision appealed against is not a decision of the Minister, shall
consider and report to the Minister on the appeal.
(2) When an appeal is
lodged under this Part, the Minister —
(a) may,
in any case; or
(b)
shall, if the decision appealed against is a decision of the Minister,
appoint an appeals
committee to consider and report to the Minister on the appeal.
(3) Subsection (2)
does not apply to an appeal referred to in section 101(2d).
(4) Subsection (1)
does not apply if an appeals committee has been appointed.
(5) If an appeal is
lodged under section 100 by a person other than a decision-making authority
and the decision-making authority has made submissions to the Minister in
respect of the proposal to which the appeal relates —
(a) the
Appeals Convenor must have regard to those submissions when reporting on, and
otherwise dealing with, the appeal; and
(b) if
an appeals committee has been appointed, it must have regard to those
submissions when considering and reporting to the Minister on the appeal.
[Section 106 inserted: No. 54 of 2003 s. 100;
amended: No. 40 of 2010 s. 8; No. 40 of 2020 s. 88(2).]