NSWIn ForceAct
Mining Act 1992
236HReview of Secretary’s determination
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#### 236H Review of Secretary’s determination
236H Review of Secretary’s determination
> > (1) An application for the review of an access management plan determined under section 236F may be made to the Land and Environment Court by either the landholder or the miners’ representative (the parties to the determination).
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> > (2) An application—
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> > > (a) must be accompanied by a copy of the determination to which it relates, together with a copy of any access management plan forming part of the determination, and
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> > > (b) must be filed in the Land and Environment Court within 14 days after a copy of the determination was served on the applicant.
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> > (3) The applicant must cause a copy of the application to be served on the Secretary and on each of the other parties to the determination.
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> > (4) The Secretary is not a party to the proceedings before the Land and Environment Court, but may nevertheless make written submissions to the Court in relation to the determination under review.
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> > (5) In making a decision under this section, the Land and Environment Court must give consideration to any submissions made by the Secretary under subsection (4).
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> > (6) The decision of the Land and Environment Court on a review of a determination is final and is to be given effect to as if it were the determination of the Secretary under section 236F.
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> > (7) Each party to proceedings under this section is to bear his or her own costs in relation to the proceedings.
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> **s 236H:** Ins 2004 No 75, Sch 1 \[32\]. Subst 2008 No 107, Sch 19 \[27\].