Part 9Review and appeals

Part 9—Review and appeals Division 1—Internal review 111—Review of certain decisions of Minister (1) A person aggrieved by a decision of the Minister— (a) to refuse an application for the issue or renewal of an authority; or (b) to refuse an application for consent to transfer an authority; or (c) to impose conditions on an authority or vary a condition of an authority, may, within 1 month of the day on which the decision is made, apply to the Minister for a review (an internal review) of the decision. (2) The Minister must, if required by the applicant for the review, state in writing the reasons for the decision that is the subject of the application for review. (3) If the reasons of the Minister are not given to the applicant for the review in writing at the time of making the decision and that person, within 28 days of the making of the decision, requires the Minister to state the reasons in writing, the time for instituting a review runs from the time at which that person receives the written statement of those reasons. (4) An application for a review must be made in accordance with the regulations. (5) The Minister must review the decision that is the subject of an application for review under this section. (6) An applicant for review must, if so required by the Minister— (a) appear personally before the Minister in support of the application; and (b) provide any information sought by the Minister; and (c) verify information provided to the Minister by statutory declaration. (7) An applicant for review may be assisted before the Minister by an agent or representative (not being a legal practitioner). (8) On a review under this section, the Minister— (a) may confirm or vary the decision under review or set aside the decision and substitute a new decision; and (b) must provide the applicant for review with a written statement of the reasons for making the decision. Division 2—External review 112—External review (1) An applicant for an internal review under Division 1 who is not satisfied with the decision of the Minister on the review may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the Minister's decision. (2) An application for a review by the Tribunal must be made within 28 days after the applicant receives the written statement of the reasons for making the decision that is to be the subject of a review by the Tribunal. 113—Appeals to ERD Court against protection or reparation order (1) A person to whom a protection order or reparation order has been issued under Part 8 Division 2 may appeal to the ERD 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 within 21 days after the order is issued or the variation is made. (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 subsection (3). (5) Unless otherwise determined by the Court, 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 that appeal). (6) Subject to subsection (7), the institution of an appeal does not affect the operation of the order to which the appeal relates or prevent the taking of action to implement the order. (7) 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 an order if the Court is satisfied that it is appropriate to do so having regard to— (a) the possible consequences to a fish habitat or aquatic resources 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. (8) An order under subsection (7)— (a) may be varied or revoked by the Court by further order; and (b) is subject to such conditions as are specified in the order; and (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, (9) The Court must not make an order under subsection (7) unless each party to the appeal has been given a reasonable opportunity to make submissions in relation to the matter. (10) The Court may, on hearing an appeal under this section do one or more of the following: (a) confirm, vary or revoke the 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. 114—Constitution of ERD Court The following provisions apply in respect of the constitution of the ERD Court when exercising jurisdiction under this Act: (a) the Court may be constituted in a manner provided by the Environment, Resources and Development Court Act 1993 or may, if the Presiding Member of the Court so determines, be constituted of a Judge and 1 commissioner; (b) the provisions of the Environment, Resources and Development Court Act 1993 apply in relation to the Court constituted of a Judge and 1 commissioner in the same way as in relation to a full bench of the Court; (c) the Court may not be constituted of or include a commissioner unless— (i) in a case where only 1 commissioner is to sit (whether alone or with another member or members of the Court)—the commissioner; or (ii) in any other case—at least 1 commissioner, is a commissioner who has been specifically designated by the Governor as a person who has expertise in fields that are relevant to the jurisdiction conferred on the Court by this Act.