68Appeal against notices

68 Appeal against notices

68 Appeal against notices

(1) If a person has lodged an objection under section 67 and—

(a) the hazard management officer has failed to confirm, vary or withdraw the notice within 14 days, or

(b) the person is not satisfied with the confirmation or variation of the notice,

the person may appeal in writing to the Commissioner within 7 days of the end of the 14 day period or the date of the confirmation or variation, whichever is earlier, stating the grounds of appeal.

(2) The Commissioner must—

(a) consider the appeal within a reasonable time, and

(b) take into account all relevant circumstances, including the matters referred to in section 67 (2).

(3) After considering the appeal, the Commissioner must—

(a) confirm the notice, or

(b) vary the notice in any way the Commissioner thinks fit, or

(c) cancel the notice.

(4) If the Commissioner confirms or varies the notice, the Commissioner must give the person who lodged the appeal notice of his or her decision and must specify a time after the notice is given within which the person must comply with the notice as confirmed or varied.

s 68: Am 1998 No 19, Sch 2 [8]. Subst 2009 No 74, Sch 1 [9].