39Right to apply for administrative review of determination

39 Right to apply for administrative review of determination

39 Right to apply for administrative review of determination

(1) The owner of an underground coal mine on whom a determination, or a variation of a determination, made under section 36 is served may, if dissatisfied with the determination or variation, apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision giving rise to the determination or variation.

(2) If such an application is made—

(a) proceedings against the applicant for an offence under section 37 (2) or (5) may not be instituted, and

(b) any such pending proceedings are stayed,

until the completion of the review process.

s 39: Am 2013 No 95, Sch 2.29.