Environmental Offsets Regulation 2014
sec.20Stay of operation of particular reviewable decisions
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sec.20 Stay of operation of particular reviewable decisions
If an application is made for an internal review of any of the following reviewable decisions, the applicant may immediately apply, as provided under the QCAT Act , to QCAT for a stay of the reviewable decision— a decision under section 19 (2) of the Act , stated in a notice given under section 19 (3) of the Act , that relates to an offset condition imposed under— the Marine Parks Act 2004 ; or the Nature Conservation Act 1992 ; or a decision mentioned in section 19A (5) , 25A (8) (a) or 95B (8) (a) of the Act in relation to an offset condition imposed under an Act mentioned in paragraph (a) ; or a decision made under section 14 or 15 to refuse an application. The application affects the reviewable decision, or carrying out of the decision, only if the decision is stayed. QCAT may stay the reviewable decision to secure the effectiveness of the internal review and any later application for external review. The stay— may be given on conditions the relevant entity considers appropriate; and operates for the period fixed by the relevant entity; and may be revoked or amended by the relevant entity. The period of the stay must not extend past the time when the relevant entity makes an internal review decision about the reviewable decision and any later period the relevant entity allows the applicant to enable the applicant to apply for an external review of the decision. s 20 amd 2014 SL No. 295 s 14 (sec.20-ssec.1) If an application is made for an internal review of any of the following reviewable decisions, the applicant may immediately apply, as provided under the QCAT Act , to QCAT for a stay of the reviewable decision— a decision under section 19 (2) of the Act , stated in a notice given under section 19 (3) of the Act , that relates to an offset condition imposed under— the Marine Parks Act 2004 ; or the Nature Conservation Act 1992 ; or a decision mentioned in section 19A (5) , 25A (8) (a) or 95B (8) (a) of the Act in relation to an offset condition imposed under an Act mentioned in paragraph (a) ; or a decision made under section 14 or 15 to refuse an application. (sec.20-ssec.2) The application affects the reviewable decision, or carrying out of the decision, only if the decision is stayed. (sec.20-ssec.3) QCAT may stay the reviewable decision to secure the effectiveness of the internal review and any later application for external review. (sec.20-ssec.4) The stay— may be given on conditions the relevant entity considers appropriate; and operates for the period fixed by the relevant entity; and may be revoked or amended by the relevant entity. (sec.20-ssec.5) The period of the stay must not extend past the time when the relevant entity makes an internal review decision about the reviewable decision and any later period the relevant entity allows the applicant to enable the applicant to apply for an external review of the decision.