36AAppeals to Land and Environment Court

36A Appeals to Land and Environment Court

36A Appeals to Land and Environment Court

(1) A person may appeal to the Land and Environment Court against a decision of the Authority—

(a) to refuse to grant the person a licence or accreditation, or

(b) to impose conditions on, or vary, or vary the conditions of, a licence or accreditation granted to the person, or

(c) to refuse to vary a licence or accreditation granted to the person, or

(d) to suspend or cancel a licence or accreditation held by the person, or

(e) to refuse to approve the surrender of a licence or accreditation held by the person, or

(f) to impose a condition on the suspension, cancellation or surrender of a licence or accreditation held by the person, or

(g) to call on or use any financial assurance provided by the person.

(2) The appeal is to be made in accordance with the rules of the Land and Environment Court, but may not be made more than 28 days after the date on which the person is given notice of the decision.

(3) The lodging of an appeal (other than an appeal against a decision of the Authority to suspend or cancel a licence or accreditation) does not operate to stay action on the decision appealed against, except to the extent that the Land and Environment Court otherwise directs.

(4) If the Land and Environment Court directs that a decision under appeal is stayed, the decision does not operate until the stay ceases to have effect or the Land and Environment Court confirms the decision or the appeal is withdrawn, whichever first occurs.

(5) The appeal is to be by way of a new hearing and new evidence can be given on the appeal.

(6) The decision of the Land and Environment Court on the appeal is final and is to be given effect to by the Authority.

s 36A: Ins 2010 No 91, Sch 1 [20]. Subst 2017 No 21, Sch 4 [8].