102Disputes between EPA and public authorities

102 Disputes between EPA and public authorities

102 Disputes between EPA and public authorities

(1) If a dispute arises between the EPA and another public authority with respect to a decision of the EPA against which an appeal lies under this Act or a decision to issue an order under section 30, the EPA or the public authority may refer the dispute to the Premier for settlement in accordance with this section.

(2) On the referral of a dispute to the Premier, the Premier may (but need not) appoint a person to hold an inquiry and make a report to the Premier with respect to the dispute.

(3) The Premier may make such decision with respect to the dispute as the Premier thinks fit.

(4) Any such decision may include an order for the payment of any costs or expenses of or incidental to the holding of an inquiry under this section.

(5) The EPA or other public authority to which any such order is given must comply with the order.

(6) A decision of the Premier under this section is final and (except in respect of any order under subsection (4)) is taken to be the decision of the EPA.

(7) If a dispute is referred to the Premier under this section, the public authority (other than the EPA) does not have a right of appeal to a court under this Act in respect of the dispute, unless the Premier declines to deal with the dispute.

s 102: Am 2008 No 111, Sch 1 [41].