Part 9Appeals to ERD Court

Part 9—Appeals to ERD Court 107—Appeals to ERD Court (1) This section applies to the following decisions: (a) a decision to refuse an application for a renewable energy feasibility permit; (b) a decision to refuse an application for a licence (other than a special enterprise licence); (c) a decision to refuse an application for the renewal of a licence; (d) a decision to impose, vary or revoke a condition of licence; (e) a decision to refuse an application to approve an increase or decrease in the licence area of a licence under section 49; (f) a decision to refuse an application, or revoke an approval, for a change in control in the holder of a licence under section 52; (g) a decision to suspend or cancel a licence; (h) a decision in relation to an application for approval of a statement of environmental objectives; (i) a decision in relation to the review of a statement of environmental objectives; (j) a decision in relation to an application for approval of an operational management plan; (k) a decision in relation to the review of an operational management plan. (2) Subject to subsection (3), an applicant or a licensee in respect of whom a decision to which this section applies is made may appeal against the decision to the ERD Court. (3) An appeal must be made in a manner and form determined by the ERD Court, setting out the grounds of the appeal. (4) Subject to this section, an appeal under this section must be instituted within 21 days after notice of the relevant decision is given to the appellant. (5) If the reasons of the Minister are not given to the appellant in writing at the time of making the decision and the appellant (within the period specified in subsection (4) as the time within which an appeal may be instituted) requires the Minister to state the reasons in writing— (a) the Minister must, within 30 days after being required to do so by the appellant, state in writing the reasons for the decision; and (b) the time for instituting an appeal runs from the time at which the appellant receives the written statement of those reasons. (6) The ERD 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. (7) Unless otherwise determined by the ERD 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). (8) Subject to subsection (9), the institution of an appeal does not affect the operation of the decision to which the appeal relates. (9) The ERD 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 a decision if the Court is satisfied that it is appropriate to do so. (10) An order under subsection (9)— (a) may be varied or revoked by the ERD 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 ERD Court on the appeal comes into operation, whichever is the earlier. (11) The ERD Court must not make an order under subsection (9) unless each party to the appeal has been given a reasonable opportunity to make submissions in relation to the matter. (12) The ERD Court may, on hearing an appeal under this section, do 1 or more of the following: (a) confirm, vary or revoke the 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. (13) An order for costs cannot be made against an appellant unless the ERD Court is satisfied that the appellant's conduct in relation to the proceedings was frivolous, vexatious or calculated to cause delay.