90LAppeals

#### 90L Appeals 90L Appeals > > (1) An applicant for, or holder or former holder of, an Aboriginal heritage impact permit may appeal to the Land and Environment Court against any of the following decisions of the Secretary— > > > > > (a) a decision to refuse any application in relation to an Aboriginal heritage impact permit or former permit, > > > > > (b) a decision in relation to any condition to which a permit or former permit (or a surrender of a permit) is subject, > > > > > (c) a decision to suspend or revoke a permit. > > > (2) The Land and Environment Court— > > > > > (a) may refuse to grant the appeal, or > > > > > (b) may grant the appeal wholly or in part, and may give such directions in the matter as the Land and Environment Court thinks appropriate. > > > (3) The decision of the Land and Environment Court on the appeal is final and is binding on the Secretary and the appellant, and is to be carried into effect accordingly. > > > (4) The regulations may (but need not) prescribe the manner in which an appeal is to be made under this section. > > > (5) An appeal under this section must be made within 21 days after the day the person was given notice of the decision being appealed. > > > (6) For the purposes of this section, an application is taken to be refused (unless it is earlier granted or refused), and notice of that refusal is taken to have been given to the applicant, on the expiration of the period of 60 days after the date on which the application was received by the Secretary. > > > (7) For the purposes of subsection (6), any period under section 90F during which an applicant is required to supply to the Secretary such further information is to be disregarded in determining whether the 60 day period referred to in that subsection has expired. > > **s 90L:** Ins 2010 No 38, Sch 1 \[37\]. Am 2021 No 47, Sch 1.1\[16\]; 2022 No 59, Sch 3.46\[5\].