QLDIn ForceAct
Transport Operations (Marine Pollution) Act 1995
sec.117MInternal review of decisions
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### sec.117M Internal review of decisions
This section applies if the general manager—
refuses an application for an approval; or
amends, suspends or cancels an approval.
The applicant or approval holder may ask the chief executive to review the general manager’s decision (the original decision ).
The applicant or approval holder is entitled to receive a statement of reasons for the original decision whether or not the provision under which the decision is made requires that the person be given a statement of reasons for the decision.
The Transport Planning and Coordination Act 1994 , part 5 , division 2 —
applies to the review as if a reference in the division to the chief executive were a reference to the general manager; and
provides—
for the procedure for applying for the review and the way it is to be carried out; and
that the person may apply to QCAT to have the original decision stayed.
In this section—
applicant , in relation to an approval, means—
if the provision under which the approval may be applied for states that the ship’s owner may apply—the ship’s owner; or
if the provision under which the approval may be applied for states that the ship’s master may apply—the ship’s master.
approval means an approval or exemption that may be given by the general manager under this Act.
s 117M ins 2009 No. 24 s 1751
amd 2019 No. 25 s 28
(sec.117M-ssec.1) This section applies if the general manager— refuses an application for an approval; or amends, suspends or cancels an approval.
(sec.117M-ssec.2) The applicant or approval holder may ask the chief executive to review the general manager’s decision (the original decision ).
(sec.117M-ssec.3) The applicant or approval holder is entitled to receive a statement of reasons for the original decision whether or not the provision under which the decision is made requires that the person be given a statement of reasons for the decision.
(sec.117M-ssec.4) The Transport Planning and Coordination Act 1994 , part 5 , division 2 — applies to the review as if a reference in the division to the chief executive were a reference to the general manager; and provides— for the procedure for applying for the review and the way it is to be carried out; and that the person may apply to QCAT to have the original decision stayed.
(sec.117M-ssec.5) In this section— applicant , in relation to an approval, means— if the provision under which the approval may be applied for states that the ship’s owner may apply—the ship’s owner; or if the provision under which the approval may be applied for states that the ship’s master may apply—the ship’s master. approval means an approval or exemption that may be given by the general manager under this Act.
- (a) refuses an application for an approval; or
- (b) amends, suspends or cancels an approval.
- (a) applies to the review as if a reference in the division to the chief executive were a reference to the general manager; and
- (b) provides— (i) for the procedure for applying for the review and the way it is to be carried out; and (ii) that the person may apply to QCAT to have the original decision stayed.
- (i) for the procedure for applying for the review and the way it is to be carried out; and
- (ii) that the person may apply to QCAT to have the original decision stayed.
- (i) for the procedure for applying for the review and the way it is to be carried out; and
- (ii) that the person may apply to QCAT to have the original decision stayed.
- (a) if the provision under which the approval may be applied for states that the ship’s owner may apply—the ship’s owner; or
- (b) if the provision under which the approval may be applied for states that the ship’s master may apply—the ship’s master.