Part 13Appeals to Court

Part 13—Appeals to Court 106—Appeals to Court (1) The following appeals may be made to the Environment, Resources and Development Court: (a) a person who applied for a works approval or licence may appeal to the Court against a decision of the Authority— (i) refusing to grant the approval or licence; or (ii) determining the term of the approval or licence; or (iii) imposing a condition of the approval or licence; (b) an applicant for the transfer of a works approval or licence may appeal to the Court against a decision of the Authority to refuse to approve the transfer; (c) the holder of a works approval or licence may appeal to the Court against a decision of the Authority— (i) determining the term of the approval or licence on application for its renewal; or (ii) varying or imposing a condition of the approval or licence or determining a matter in relation to such a condition (including a matter relating to a financial assurance lodged with the Authority); or (iii) suspending or cancelling the approval or licence or imposing a disqualification on the holder; or (iv) refusing to approve the surrender of the approval or licence; (ca) the holder of a licence may appeal to the Court against a decision of the Authority to renew the licence of its own initiative and without application by the holder of the licence; (cab) an applicant for endorsement of a licence under Part 6A as a sustainability licence may appeal to the Court against a decision of the Authority to refuse to endorse the licence; (cac) an applicant for approval of a transfer of an endorsement of a licence under Part 6A as a sustainability licence may appeal to the Court against a decision of the Authority to refuse to approve the transfer; (cad) the holder of a licence may appeal to the Court against a decision of the Authority to revoke an endorsement of the licence under Part 6A as a sustainability licence; (cb) a person who applied for a beverage container approval may appeal to the Court against a decision of the Authority— (i) refusing to grant the approval; or (ii) imposing a condition of the approval; (cc) the holder of a beverage container approval may appeal to the Court against a decision of the Authority— (i) varying the approval or varying or imposing a condition of the approval; or (ii) revoking the approval; (d) a person to whom an environment protection order, information discovery order, clean‑up order, site contamination assessment order or site remediation order has been issued may appeal to the Court against the order or any variation of the order. (2) An appeal must be made in a manner and form determined by the Court, setting out the grounds of the appeal. (3) Subject to this section, an appeal must be made— (a) in the case of an appeal against an environment protection order, information discovery order, clean‑up order, site contamination assessment order or site remediation order or variation of such an order—within 14 days after the order is issued or the variation is made; (b) in any other case—within two months after the making of the decision. (4) The Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that an appeal be made within the period fixed by this section. (5) An appeal must be referred in the first instance to a conference under section 16 of the Environment, Resources and Development Court Act 1993 (and the provisions of that Act will then apply in relation to the appeal). 107—Operation and implementation of decisions or orders subject to appeal (1) Subject to subsection (2), the making of an appeal to the Environment, Resources and Development Court against a decision or order does not affect the operation of the decision or order or prevent the taking of action to implement the decision or order. (2) The Court may, on application by a party to an appeal, make an order staying or otherwise affecting the operation or implementation of the whole or a part of the decision or order appealed against if the Court is satisfied that it is appropriate to do so having regard to— (a) the possible environmental consequences and the interests of any persons who may be affected by the appeal; and (b) the need to secure the effectiveness of the hearing and determination of the appeal. (3) An order under this section— (a) may be varied or revoked by the Court by further order; (b) is subject to such conditions as are specified in the order; (c) has effect until— (i) the end of the period of operation (if any) specified in the order; or (ii) the decision of the Court on the appeal comes into operation, whichever is the earlier. (4) The Court must not make an order under this section unless each party to the appeal has been given a reasonable opportunity to make submissions in relation to the matter. 108—Powers of Court on determination of appeals (1) The Environment, Resources and Development Court may, on hearing an appeal under this Part— (a) confirm, vary or reverse any decision or order 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. (2) However, no order for costs is to be made unless the Court considers such an order to be necessary in the interests of justice.