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Public and Environmental Health Act 2011
109Operation and implementation of decision pending review or
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109 Operation and implementation of decision pending review or
appeal
(1) A request under section 105 for a review of a reviewable decision
does not affect the operation or implementation of the decision.
(2) However, the CHO may, by written notice to the affected person for
the decision:
(a) suspend the operation or implementation of so much of the
decision as the CHO considers appropriate to effectively
review the decision; or
Public and Environmental Health Act 2011 61
(b) impose conditions on the operation or implementation of the
decision until determination of the review.
(3) An appeal under section 106 or 107 against a decision does not
affect the operation or implementation of the decision.
(4) However, the Local Court may make an order staying or otherwise
affecting the operation or implementation of so much of the decision
as the Court considers appropriate to effectively hear and decide
the appeal.
(5) The order:
(a) is subject to the conditions stated in the order; and
(b) has effect:
(i) for the period stated in the order; or
(ii) if no period is stated – until the Court has decided the
appeal.