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Nature Conservation Act 1992
sec.216Review of existing original decisions
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### sec.216 Review of existing original decisions
This section applies if—
before the commencement, a decision was made that was an original decision under a former review provision; and
immediately before the commencement, any of the following circumstances applied, under a former review provision, in relation to the decision—
the period during which an application for internal review, external review or a stay of the decision could be made had not ended;
an application made under a former review provision had not been decided.
The application may be decided, or made and decided, under the former review provision as if the Nature Conservation and Other Legislation Amendment Act 2022 , part 4, division 2 had not been enacted.
In this section—
former review provision means each of the following provisions, as in force immediately before the commencement—
the Nature Conservation (Animals) Regulation 2020 , chapter 11, part 1;
the Nature Conservation (Plants) Regulation 2020 , chapter 11, part 1;
the Nature Conservation (Protected Areas Management) Regulation 2017 , chapter 8B, part 1.
s 216 ins 2022 No. 21 s 23
(sec.216-ssec.1) This section applies if— before the commencement, a decision was made that was an original decision under a former review provision; and immediately before the commencement, any of the following circumstances applied, under a former review provision, in relation to the decision— the period during which an application for internal review, external review or a stay of the decision could be made had not ended; an application made under a former review provision had not been decided.
(sec.216-ssec.2) The application may be decided, or made and decided, under the former review provision as if the Nature Conservation and Other Legislation Amendment Act 2022 , part 4, division 2 had not been enacted.
(sec.216-ssec.3) In this section— former review provision means each of the following provisions, as in force immediately before the commencement— the Nature Conservation (Animals) Regulation 2020 , chapter 11, part 1; the Nature Conservation (Plants) Regulation 2020 , chapter 11, part 1; the Nature Conservation (Protected Areas Management) Regulation 2017 , chapter 8B, part 1.
- (a) before the commencement, a decision was made that was an original decision under a former review provision; and
- (b) immediately before the commencement, any of the following circumstances applied, under a former review provision, in relation to the decision— (i) the period during which an application for internal review, external review or a stay of the decision could be made had not ended; (ii) an application made under a former review provision had not been decided.
- (i) the period during which an application for internal review, external review or a stay of the decision could be made had not ended;
- (ii) an application made under a former review provision had not been decided.
- (i) the period during which an application for internal review, external review or a stay of the decision could be made had not ended;
- (ii) an application made under a former review provision had not been decided.
- (a) the Nature Conservation (Animals) Regulation 2020 , chapter 11, part 1;
- (b) the Nature Conservation (Plants) Regulation 2020 , chapter 11, part 1;
- (c) the Nature Conservation (Protected Areas Management) Regulation 2017 , chapter 8B, part 1.