Environmental Management and Pollution Control Act 1994
74OAppeals
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74O Appeals
(1) A person on whom a notice has been served may appeal to the Appeal Tribunal in relation to the notice.
(2) A person who institutes proceedings for an appeal must comply with the notice unless the Director agrees, in writing, that no work need be done and no action need be taken by the appellant until the proceedings have been determined.
(3) If an appeal is upheld and the appellant has done work or taken action in accordance with the notice, the appellant is entitled to be compensated by the State for any loss or damage incurred in doing that work or taking that action.
(4) The amount of compensation payable is the amount agreed between the Director and the appellant.
(5) If the Director and the appellant cannot agree on the amount of compensation payable, that amount is to be determined as a disputed claim for compensation under the Land Acquisition Act 1993 .