QLDIn ForceAct
Environmental Protection Act 1994
sec.539BStay of operation of decisions appealed against to Land Court or Court
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### sec.539B Stay of operation of decisions appealed against to Land Court or Court
This section applies to—
an original decision appealed against to the Court if section 521 does not apply to the decision; or
an original decision appealed against to the Land Court or the Court if the decision is confirmed or varied by a review decision.
The Land Court or the Court may grant a stay of a decision appealed against to secure the effectiveness of the appeal.
A stay may be granted on conditions the Land Court or the Court considers appropriate and has effect for the period stated by the Land Court or the Court.
The period of a stay must not extend past the time when the Land Court or the Court decides the appeal.
An appeal against a decision does not affect the operation or carrying out of the decision unless the decision is stayed.
This section applies subject to sections 539C to 539E .
s 539B (prev s 535) amd 2016 No. 14 s 14 ; 2020 No. 26 s 91 (1) – (5)
reloc and renum 2020 No. 26 s 91 (6)
(sec.539B-ssec.1) This section applies to— an original decision appealed against to the Court if section 521 does not apply to the decision; or an original decision appealed against to the Land Court or the Court if the decision is confirmed or varied by a review decision.
(sec.539B-ssec.2) The Land Court or the Court may grant a stay of a decision appealed against to secure the effectiveness of the appeal.
(sec.539B-ssec.3) A stay may be granted on conditions the Land Court or the Court considers appropriate and has effect for the period stated by the Land Court or the Court.
(sec.539B-ssec.4) The period of a stay must not extend past the time when the Land Court or the Court decides the appeal.
(sec.539B-ssec.5) An appeal against a decision does not affect the operation or carrying out of the decision unless the decision is stayed.
(sec.539B-ssec.6) This section applies subject to sections 539C to 539E . s 539B (prev s 535) amd 2016 No. 14 s 14 ; 2020 No. 26 s 91 (1) – (5) reloc and renum 2020 No. 26 s 91 (6)
- (a) an original decision appealed against to the Court if section 521 does not apply to the decision; or
- (b) an original decision appealed against to the Land Court or the Court if the decision is confirmed or varied by a review decision.