Div 5Review etc of clearance refusal or revocation

Division 5—Review etc of clearance refusal or revocation 62—Review by Council of clearance refusal or revocation (1) A person who has made an application for consent to clear native plants under Part 4 Division 3 may apply to the Council for review of a decision of the CAC to refuse to give its consent to the clearance. (2) A person whose consent to clear native plants given under Part 4 Division 3 has been revoked may apply to the Council for review of the decision of the CAC to revoke the consent. (3) For the avoidance of doubt, the following decisions are not reviewable under this section: (a) a decision of the CAC to give consent to clear native plants to an extent that is lesser than that requested by the person in their application for consent; (b) a decision of the CAC as to any conditions or other requirements relating to a consent; (c) a decision of the CAC pursuant to a direction of the Council under subsection (7). (4) An application under this section— (a) must be made in a manner and form approved by the Council; and (b) must be accompanied by the prescribed fee; and (c) must be made within 2 months after the making of the decision. (5) If the reasons of the CAC are not given to the applicant for the review in writing at the time of making the decision and— (a) that person (within 2 months of the making of the decision) requires the CAC to state the reasons in writing; or (b) the CAC otherwise provides that person with a written statement of the reasons for its decision after making the decision, the time for making an application to the Council runs from the time at which that person receives the written statement of those reasons. (6) The Council may, in conducting a review under this section, examine and review the decision of the CAC on the information that was available to the CAC at the time it made its decision but the Council may, as it thinks fit, allow further information to be provided to it. (7) The Council may, on a review under this section— (a) confirm the decision that is being reviewed; or (b) direct the CAC to vary or reverse the decision that is being reviewed. (8) The Council must, if required by the applicant for the review, state in writing the reasons for the decision. 63—Appeal to ERD Court against review by Council of clearance refusal or revocation (1) If, on a review under section 62, the Council confirms the decision that was being reviewed, the person who made the application under that section may appeal to the ERD Court against that decision of the Council. (2) An appeal to the ERD Court under this section must be made in a manner and form determined by the Court, setting out the grounds of the application, and must be made within 2 months after the applicant is notified of the decision by the Council unless the Court, in its discretion, allows an extension of time. (3) If the reasons of the Council are not given to the applicant for the review under section 62 in writing at the time of making the decision and that person (within 2 months of the making of the decision) requires the Council to state the reasons in writing, the time for appealing to the ERD Court runs from the time at which that person receives the written statement of those reasons. (4) An appeal under this section must be referred in the first instance to a conference under section 16 of the Environment, Resources and Development Court Act 1993. (5) The ERD Court may, on hearing an appeal, do 1 or more of the following: (a) confirm, vary or revoke the decision 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. (6) The ERD Court should only seek to deal with and resolve those issues raised in the appeal and should not, unless the Court considers it to be necessary or appropriate to do so, consider any aspect of the decision that is not being challenged.