sec.520Dissatisfied person

### sec.520 Dissatisfied person A dissatisfied person , for an original or review decision, is— if the decision is about an EIS or the EIS process for an EIS—the relevant proponent under chapter 3 , part 1 , for the project to which the EIS relates; or if the decision is about an application for an environmental authority or proposed PRC plan for the application—the applicant; or if the decision is about an environmental authority, including financial assurance for the environmental authority, or a PRCP schedule—the holder of the authority or schedule; or if the decision is about an application for registration of a person as a suitable operator—the applicant; or if the decision is about a registered suitable operator—the operator; or if the decision is about taking action after receiving an audit report for an audit of a PRCP schedule—the holder of the schedule; or if the decision is to refuse an application to recognise an accreditation program for an agricultural ERA—the applicant; or if the decision is about a recognised accreditation program for an agricultural ERA—the owner of the program; or if the decision is to give an audit notice under section 322 , 322A or 323 —the recipient; or if the decision is to conduct an environmental audit or prepare an environmental report for an audit under section 326 —the relevant environmental authority holder; or if the decision is about an environmental investigation or environmental enforcement order—the recipient; or if the decision is about a transitional environmental program—the holder of the program or person or public authority that is required to apply for the issue of the program; or if the decision is about a temporary emissions licence— the applicant for the licence; or the holder of the licence; or if the decision is to issue a cost recovery notice—the recipient; or if the decision is about recording particulars of land in, or removing particulars of land from, the environmental management register or contaminated land register—the land’s owner; or if the decision is about a site management plan for contaminated land— the recipient for the notice to prepare or commission the site management plan, other than for a decision under section 399 ; and the land’s owner; and if another person prepares or commissions the plan—the other person, other than for a decision under section 399 ; or if the decision is about erecting signs on contaminated land—the land’s owner; or if the decision is about a disposal permit—the applicant for the permit; or if the decision is about an exemption under chapter 8 , part 3F , division 3 —the person applying for, or given, the exemption; or if the decision is to give a notice under section 451 (1) —the person to whom the notice is given; or if the decision is about an application for approval as an auditor under chapter 12 , part 3A , division 2 —the applicant; or if the decision is about an auditor—the auditor; or if the decision is about a complaint under chapter 12 , part 3A , division 5 —the person who made the complaint; or if the decision is about a conversion application under section 695 —the applicant; or if the decision is a decision under an environmental protection policy or a regulation that the policy or regulation declares to be a decision to which this part applies—the person declared under the policy or regulation to be a dissatisfied person for the decision. A submitter for an application is also a dissatisfied person if the decision is about— a site-specific application for an environmental authority for a petroleum activity; or an amendment application under chapter 5 , part 7 for an environmental authority for a resource activity, other than a mining activity; or an application for the issue of a transitional environmental program to which section 335 applies. s 520 (prev s 521) amd 1995 No. 52 s 6 ; 1996 No. 10 s 18 ; 1997 No. 80 s 30 ; 1999 No. 19 sch; 2000 No. 64 s 37 renum and reloc 2000 No. 64 s 3 (2) sch amd 2001 No. 46 s 7 (2) sch 2 ; 2001 No. 86 s 8 ; 2002 No. 45 ss 22 , 3 (2) sch ; 2003 No. 95 ss 36 , 3 sch ; 2004 No. 48 s 124 ; 2007 No. 56 ss 27 , 6 sch ; 2008 No. 37 s 3 ; 2008 No. 52 s 57 ; 2009 No. 3 s 467 ; 2009 No. 42 s 15 ; 2011 No. 31 s 309 ; 2012 No. 43 s 238 ; 2012 No. 16 s 40 (amd 2012 No. 43 s 245 ); 2014 No. 59 s 136 ; 2018 No. 30 s 194 ; 2019 No. 28 s 21 ; 2020 No. 26 s 118 sch 1 ; 2023 No. 6 s 145 sch 1 ; 2024 No. 30 s 61 sch 1 (sec.520-ssec.1) A dissatisfied person , for an original or review decision, is— if the decision is about an EIS or the EIS process for an EIS—the relevant proponent under chapter 3 , part 1 , for the project to which the EIS relates; or if the decision is about an application for an environmental authority or proposed PRC plan for the application—the applicant; or if the decision is about an environmental authority, including financial assurance for the environmental authority, or a PRCP schedule—the holder of the authority or schedule; or if the decision is about an application for registration of a person as a suitable operator—the applicant; or if the decision is about a registered suitable operator—the operator; or if the decision is about taking action after receiving an audit report for an audit of a PRCP schedule—the holder of the schedule; or if the decision is to refuse an application to recognise an accreditation program for an agricultural ERA—the applicant; or if the decision is about a recognised accreditation program for an agricultural ERA—the owner of the program; or if the decision is to give an audit notice under section 322 , 322A or 323 —the recipient; or if the decision is to conduct an environmental audit or prepare an environmental report for an audit under section 326 —the relevant environmental authority holder; or if the decision is about an environmental investigation or environmental enforcement order—the recipient; or if the decision is about a transitional environmental program—the holder of the program or person or public authority that is required to apply for the issue of the program; or if the decision is about a temporary emissions licence— the applicant for the licence; or the holder of the licence; or if the decision is to issue a cost recovery notice—the recipient; or if the decision is about recording particulars of land in, or removing particulars of land from, the environmental management register or contaminated land register—the land’s owner; or if the decision is about a site management plan for contaminated land— the recipient for the notice to prepare or commission the site management plan, other than for a decision under section 399 ; and the land’s owner; and if another person prepares or commissions the plan—the other person, other than for a decision under section 399 ; or if the decision is about erecting signs on contaminated land—the land’s owner; or if the decision is about a disposal permit—the applicant for the permit; or if the decision is about an exemption under chapter 8 , part 3F , division 3 —the person applying for, or given, the exemption; or if the decision is to give a notice under section 451 (1) —the person to whom the notice is given; or if the decision is about an application for approval as an auditor under chapter 12 , part 3A , division 2 —the applicant; or if the decision is about an auditor—the auditor; or if the decision is about a complaint under chapter 12 , part 3A , division 5 —the person who made the complaint; or if the decision is about a conversion application under section 695 —the applicant; or if the decision is a decision under an environmental protection policy or a regulation that the policy or regulation declares to be a decision to which this part applies—the person declared under the policy or regulation to be a dissatisfied person for the decision. (sec.520-ssec.2) A submitter for an application is also a dissatisfied person if the decision is about— a site-specific application for an environmental authority for a petroleum activity; or an amendment application under chapter 5 , part 7 for an environmental authority for a resource activity, other than a mining activity; or an application for the issue of a transitional environmental program to which section 335 applies. - (a) if the decision is about an EIS or the EIS process for an EIS—the relevant proponent under chapter 3 , part 1 , for the project to which the EIS relates; or - (b) if the decision is about an application for an environmental authority or proposed PRC plan for the application—the applicant; or - (c) if the decision is about an environmental authority, including financial assurance for the environmental authority, or a PRCP schedule—the holder of the authority or schedule; or - (d) if the decision is about an application for registration of a person as a suitable operator—the applicant; or - (e) if the decision is about a registered suitable operator—the operator; or - (f) if the decision is about taking action after receiving an audit report for an audit of a PRCP schedule—the holder of the schedule; or - (g) if the decision is to refuse an application to recognise an accreditation program for an agricultural ERA—the applicant; or - (h) if the decision is about a recognised accreditation program for an agricultural ERA—the owner of the program; or - (i) if the decision is to give an audit notice under section 322 , 322A or 323 —the recipient; or - (j) if the decision is to conduct an environmental audit or prepare an environmental report for an audit under section 326 —the relevant environmental authority holder; or - (k) if the decision is about an environmental investigation or environmental enforcement order—the recipient; or - (l) if the decision is about a transitional environmental program—the holder of the program or person or public authority that is required to apply for the issue of the program; or - (m) if the decision is about a temporary emissions licence— (i) the applicant for the licence; or (ii) the holder of the licence; or - (i) the applicant for the licence; or - (ii) the holder of the licence; or - (n) if the decision is to issue a cost recovery notice—the recipient; or - (o) if the decision is about recording particulars of land in, or removing particulars of land from, the environmental management register or contaminated land register—the land’s owner; or - (o) if the decision is about a site management plan for contaminated land— (i) the recipient for the notice to prepare or commission the site management plan, other than for a decision under section 399 ; and (ii) the land’s owner; and (iii) if another person prepares or commissions the plan—the other person, other than for a decision under section 399 ; or - (i) the recipient for the notice to prepare or commission the site management plan, other than for a decision under section 399 ; and - (ii) the land’s owner; and - (iii) if another person prepares or commissions the plan—the other person, other than for a decision under section 399 ; or - (p) if the decision is about erecting signs on contaminated land—the land’s owner; or - (q) if the decision is about a disposal permit—the applicant for the permit; or - (r) if the decision is about an exemption under chapter 8 , part 3F , division 3 —the person applying for, or given, the exemption; or - (s) if the decision is to give a notice under section 451 (1) —the person to whom the notice is given; or - (t) if the decision is about an application for approval as an auditor under chapter 12 , part 3A , division 2 —the applicant; or - (u) if the decision is about an auditor—the auditor; or - (v) if the decision is about a complaint under chapter 12 , part 3A , division 5 —the person who made the complaint; or - (w) if the decision is about a conversion application under section 695 —the applicant; or - (x) if the decision is a decision under an environmental protection policy or a regulation that the policy or regulation declares to be a decision to which this part applies—the person declared under the policy or regulation to be a dissatisfied person for the decision. - (i) the applicant for the licence; or - (ii) the holder of the licence; or - (i) the recipient for the notice to prepare or commission the site management plan, other than for a decision under section 399 ; and - (ii) the land’s owner; and - (iii) if another person prepares or commissions the plan—the other person, other than for a decision under section 399 ; or - (a) a site-specific application for an environmental authority for a petroleum activity; or - (b) an amendment application under chapter 5 , part 7 for an environmental authority for a resource activity, other than a mining activity; or - (c) an application for the issue of a transitional environmental program to which section 335 applies.