Part 11Appeals

Part 11—Appeals 216—Right of appeal (1) The following rights of appeal lie to the ERD Court: (a) an owner of land who is dissatisfied with— (i) a review of a notice by the Chief Executive under section 99(4) or (10) may appeal to the Court against the decision of the Chief Executive; or (ii) a decision of a relevant authority to vary an action plan under subsection (17) of section 99, or on an application under that subsection, may appeal to the Court against the decision; (b) without limiting any other paragraph, in respect of the operation of Part 8— (i) a person who is subject to a restriction under section 109(5) may appeal to the Court against the restriction; (ii) an applicant for a water management authorisation, a forest water licence, a well driller's licence or a permit under Part 8 may appeal to the Court against a refusal to grant or issue the authorisation, licence or permit or the imposition of conditions in relation to the authorisation, licence or permit (other than in a case involving the allocation of reserved water within the meaning of Part 8 Division 4); (iii) an applicant for the transfer of a water management authorisation may appeal to the Court against a refusal to grant the application or a decision to vary the conditions of the transferred water management authorisation or, in the case of a water allocation, to reduce the water allocation; (iv) an applicant for the transfer of a water allocation attached to a forest water licence may appeal to the Court against a refusal to grant the application; (v) the holder of a water management authorisation, licence or permit under Part 8 may, if authorised to do so by a specific provision of that Part, appeal to the Court against the variation, suspension or cancellation of the authorisation or licence or the variation, suspension or revocation of the permit; (vi) a person who is subject to a direction by the Minister or other authority under Part 8 may appeal to the Court against the direction; (vii) a person with a prescribed interest in a water management authorisation of a prescribed class may appeal to the Court against a decision to vary the water management authorisation; (c) a person who is dissatisfied with— (i) an action order issued to the person under section 193 may appeal to the Court against the decision to issue the order; or (ii) a decision of a relevant authority to vary an action plan, may appeal to the Court against the decision; (d) a person who has applied for a permit under Part 9 Division 2 Subdivision 2 may appeal to the Court against a decision of the relevant authority to refuse the application, or to impose particular conditions, and a person who is the holder of such a permit may appeal to the Court against a decision of the relevant authority to vary or revoke the permit, or a condition of the permit, or to impose a new condition; (e) a person to whom an order has been issued under Part 10 Division 2 Subdivision 1 may appeal to the Court against the order or any variation of the order and a person who has been served with a reparation authorisation under section 211 may appeal to the Court against the issuing of the authorisation; (f) a person who is subject to a direction by the Minister or other authority under this Act in prescribed circumstances may appeal to the Court against the direction; (g) a person who is expressly given a right of appeal by another provision of this Act or by the regulations may appeal to the Court in pursuance of that right. (2) The Crown in right of the State of Victoria has a right of appeal to the ERD Court against a decision to grant a water management authorisation or to issue a permit under Part 8 on the ground that the decision is contrary to the Border Groundwaters Agreement approved by the Groundwater (Border Agreement) Act 1985. (3) Subject to this section, an appeal must be made— (a) in the case of an appeal against an order under section 193 or variation of such an order—within 14 days after the order or variation was served; or (b) in the case of an appeal against an order or reparation authorisation under Part 10 Division 2 or variation of such an order or authorisation—within 21 days after the order or authorisation or variation is served; or (c) in the case of an appeal in any circumstance prescribed by the regulations—within the period prescribed by the regulations; or (d) in any other case—within 6 weeks of the decision, direction or restriction appealed against. (4) 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. (5) An appeal must be referred in the first instance to a conference under section 16 of the Environment, Resources and Development Court Act 1993. 217—Operation and implementation of decisions or orders subject to appeal (1) Subject to subsection (2), the making of an appeal to the ERD Court does not affect the operation of any decision, order, direction or restriction to which the appeal relates or prevent the taking of action to implement the decision, order, direction or restriction. (2) The ERD Court, or the authority that has made or issued a decision, order, direction or restriction may, on its own initiative or on application by a party to an appeal, suspend the operation of any decision, order, direction or restriction until the determination of an appeal. (3) A suspension under subsection (2) may be made subject to specified conditions, and may be varied or revoked by the ERD Court or relevant authority that granted the suspension at any time. 218—Powers of Court on determination of appeals The ERD Court may, on hearing an appeal— (a) confirm, vary or reverse any decision, order, direction or restriction appealed against, or substitute any decision, order, direction or restriction that should have been made in the first instance; (b) remit the subject matter of the appeal to any person or body under this Act for further consideration; (c) 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; (d) make any consequential or ancillary order or direction, or impose any condition, that it considers necessary or expedient.