83Review of decisions

83 Review of decisions S. 83(1) amended by No. 52/1998 s. 311(Sch. 1 item 105.14). (1) A person whose interests are affected by the decision may apply to the Tribunal for review of a decision by the Minister— S. 83(1)(a) amended by No. 5/2002 s. 47(a). (a) under section 69(1) to refuse an application under section 67; or S. 83(1)(b) amended by No. 5/2002 s. 47(b). (b) under section 69(1) to approve an application under section 67; or (c) under section 71(1) to make a licence subject to any condition; or (d) under section 72 to refuse an application for the renewal of a licence; or (e) under section 72 to approve an application for the renewal of a licence; or (f) under section 72(4) to impose any condition on a licence or to amend or delete any of the conditions to which a licence is subject; or S. 83(1)(g) amended by No. 5/2002 s. 47(c). (g) under section 73(1), (1A) or (1B) to amend a licence; or (h) under section 74(6)(a) to refuse to approve the transfer of a licence; or (i) under section 74(6)(b) to approve the transfer of a licence; or (j) under section 74(6)(b) to impose any condition on a licence or to amend or delete any of the conditions to which a licence is subject; or S. 83(1)(ja) inserted by No. 23/2019 s. 47(a). (ja) under section 74AB to suspend or cancel a licence; or (k) under section 76(4)(a) to approve an application under section 76(1); or (l) under section 76(4)(b) to refuse to approve an application under section 76(1); or (m) to give a direction under section 78(1) or (3); (n) to give a direction under section 79(2); S. 83(1)(o) amended by No. 23/2019 s. 47(b). (o) to give a direction under section 80(1) or (2). S. 83(2) amended by No. 52/1998 s. 311(Sch. 1 item 105.14). (2) A person whose interests are affected by the decision may apply to the Tribunal for review of a decision under section 82(3) by an Authority or other person responsible for the payment of compensation as to the amount of compensation payable. S. 83(2A) inserted by No. 52/1998 s. 311(Sch. 1 item 105.15). (2A) An application under subsection (1) or (2) for review must be made within 28 days after the later of— (b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. S. 83(3) amended by Nos 52/1998 s. 311(Sch. 1 item 105.16(a)), 79/2005 s. 5. (3) The State of South Australia may apply to the Tribunal for review of a decision by the Minister under clause 29(5) of the Border Groundwaters Agreement (a copy of which is set out in Schedule 1 to the **Groundwater (Border Agreement) Act 1985**) as that agreement is amended by the Border Groundwaters Agreement Amendment Agreement (a copy of which is set out in Schedule 2 to that Act). S. 83(4) amended by No. 52/1998 s. 311(Sch. 1 item 105.16(b)). (4) An application under subsection (3) may be made at any time within the period of 30 days after the Minister of the State of South Australia is notified of the decision under the clause referred to in that subsection. Pt 5 Div. 6 (Heading and s. 84) repealed by No. 23/2019 s. 48. Pt 5AA (Heading and ss 84AAA–84AAO) inserted by No. 53/2014 s. 4. Part 5AA—Levee maintenance on Crown land Division 1—Definitions S. 84AAA inserted by No. 53/2014 s. 4. 84AAA Definitions ***land manager***, in relation to specified Crown land, means— (a) if responsibility for the management of the land is given by an Act to a person, that person; or (b) if responsibility for the management of the land is not given by an Act to a person, the Minister administering the Act under which the land is managed; ***levee*** means a mound or bank (whether or not on a waterway) constructed primarily of earth, stone or gravel, the purpose of which is to obstruct or deflect the flow of water over the surface of land; ***maintenance***, in relation to a levee, includes reconstruction of a part of the levee; ***specified Crown land*** means land that is— (a) reserved under the **Crown Land (Reserves) Act 1978**; or (b) reserved forest within the meaning of the **Forests Act 1958**; or (c) unreserved Crown land under the **Land Act 1958**; or (d) described in Schedule Two, Two B, Three or Four to the **National Parks Act 1975** other than— (i) a wilderness zone (within the meaning of that Act); or (ii) a remote and natural area (within the meaning of that Act); or (iii) a designated water supply catchment area (within the meaning of that Act); or (e) a State Wildlife Reserve or a Nature Reserve within the meaning of the **Wildlife Act 1975**— but does not include— (f) a natural catchment area within the meaning of the **Heritage Rivers Act 1992**; or (g) an area proclaimed to be a reference area under the **Reference Areas Act 1978**. Division 2—Authority conferred by permits S. 84AAB inserted by No. 53/2014 s. 4. 84AAB What a levee maintenance permit authorises (1) A levee maintenance permit authorises the holder to— (a) carry out maintenance on a levee that is located on specified Crown land; and (b) enter or pass over any specified Crown land for that purpose. (2) A levee maintenance permit does not authorise the use of machinery or the introduction of soil or other material to the land to carry out the maintenance after the first 12 months of the period the permit is in effect. It is an offence to construct, remove, alter or carry out maintenance on a levee on specified Crown land other than under and in accordance with a levee maintenance permit or other authority. See—**Crown Land (Reserves) Act 1978**, **Forests Act 1958**, **Land Act 1958**, **National Parks Act 1975** and **Wildlife Act 1975**. Division 3—Application for permit S. 84AAC inserted by No. 53/2014 s. 4. 84AAC Application (1) A person may apply to the Minister for a levee maintenance permit. (ii) the written consent of any lessee of— (A) the land on which the levee is located; and (B) the land over which access is required by the applicant. S. 84AAD inserted by No. 53/2014 s. 4. 84AAD Referral of application to land manager (1) The Minister must refer a copy of an application under section 84AAC to the land manager. (2) Within 28 days (or any longer period that the Minister allows) after receiving a copy of the application, the land manager— (i) advise the Minister that the land manager does not require the permit to be subject to any condition; or (ii) specify any condition (which must be a reasonable condition) to which the land manager requires the permit to be subject. (3) If a land manager makes no response to the Minister within 28 days (or any longer period that the Minister allowed) after receipt of a copy of the application, the Minister may proceed to determine the application. Division 4—Dealing with application for permit S. 84AAE inserted by No. 53/2014 s. 4. 84AAE Determination of application On receiving an application under section 84AAC, the Minister, subject to this Part, may— (a) approve the application and issue a levee maintenance permit; or (b) refuse the application. S. 84AAF inserted by No. 53/2014 s. 4. 84AAF Matters to be set out in permit A levee maintenance permit must set out the following— (a) the name and address of the holder; (b) a description of the specified Crown land on which the levee is located; (c) a description of the location of the levee; (d) any condition to which the permit is subject; (e) the period the permit is in effect; (f) any other information that the Minister considers necessary. S. 84AAG inserted by No. 53/2014 s. 4. 84AAG Conditions of levee maintenance permit (1) A levee maintenance permit is subject to— (a) any prescribed condition; and (b) any condition specified by the land manager under section 84AAD(2)(b)(ii); and (c) any other condition that the Minister thinks fit and specifies in the permit. (2) Without limiting subsection (1)(c), the Minister may specify a condition about any one or more of the following— (a) the dimensions that the levee must not exceed; (b) the maintenance authorised by the permit. (3) In specifying the dimensions of a levee for the purpose of a condition referred to in subsection (2)(a), the Minister may have regard to— (a) the past or present condition of the whole or any part of the levee; or (b) the past or present height or width of any part of the levee. S. 84AAH inserted by No. 53/2014 s. 4. 84AAH Period a levee maintenance permit is in effect Unless sooner revoked, a levee maintenance permit remains in effect for the period (not exceeding 5 years) specified in the permit. Division 5—Variation of conditions or revocation of permit Subdivision 1—Variation of conditions on application by permit holder S. 84AAI inserted by No. 53/2014 s. 4. 84AAI Application (1) The holder of a levee maintenance permit may apply to the Minister for the variation or removal of a condition (other than a prescribed condition) to which the permit is subject. (ii) the written consent of any lessee of— (A) the land on which the levee is located; and (B) the land over which access is required by the applicant who is likely to be affected by the variation or removal of the condition. S. 84AAJ inserted by No. 53/2014 s. 4. 84AAJ Referral of application to land manager (1) The Minister must refer a copy of an application under section 84AAI to the land manager. (2) Within 28 days (or any longer period that the Minister allows) after receiving a copy of the application, the land manager— (i) advise the Minister that the land manager does not object to the variation or removal of the condition; or (ii) advise the Minister that the land manager objects to the variation or removal of the condition on the ground specified by the land manager (which must be a reasonable ground); or (iii) specify any variation (which must be a reasonable variation) to the condition that the land manager requires. (3) If a land manager makes no response to the Minister within 28 days (or any longer period that the Minister allowed) after receipt of a copy of the application, the Minister may proceed to determine the application. S. 84AAK inserted by No. 53/2014 s. 4. 84AAK Determination of application (1) On receiving an application under section 84AAI, the Minister, subject to this Part, may— (a) approve the application and vary or remove the condition; or (b) refuse the application. (2) A variation or removal of a condition takes effect— (a) on the day on which written notice of it is given to the permit holder; or (b) on a later day specified in the notice. Subdivision 2—Variation of conditions on Minister's initiative S. 84AAL inserted by No. 53/2014 s. 4. 84AAL Variation of conditions on Minister's initiative (1) The Minister, on the Minister's initiative, may— (a) vary a condition to which a levee maintenance permit is subject; or (b) remove a condition to which a levee maintenance permit is subject; or (c) impose a new condition on a levee maintenance permit. (2) The Minister may only act under subsection (1) after obtaining the written consent of any lessee of— (a) the land on which the levee is located; or (b) the land over which access is required by the applicant who is likely to be affected by the variation or removal of the condition or the new condition. (3) The Minister must give at least 28 days' written notice of the variation or removal of the condition, or the new condition, to the permit holder before it takes effect. However, a variation may take effect earlier if the permit holder agrees. (4) A notice under subsection (3) must specify the reasons for the variation or removal of the condition or the new condition. S. 84AAM inserted by No. 53/2014 s. 4. 84AAM Referral of proposal to land manager in certain circumstances (1) This section applies if— (a) the Minister proposes to vary or remove a condition to which a levee maintenance permit is subject, or to impose a new condition on a levee maintenance permit, under section 84AAL; and (b) the Minister is of the opinion that the land manager is likely to be affected by the variation or removal of the condition or the new condition. (2) The Minister must refer a copy of the permit, together with details of the proposed variation or removal of the condition, or the proposed new condition, to the land manager. (3) Within 28 days (or any longer period that the Minister allows) after receiving a copy of the permit and details of the proposed variation or removal of the condition, or the proposed new condition, the land manager— (a) must consider the proposed variation or removal of the condition or the proposed new condition; and (i) advise the Minister that the land manager does not object to the variation or removal of the condition or the new condition; or (ii) advise the Minister that the land manager objects to the variation or removal of the condition, or the new condition, on the ground specified by the land manager (which must be a reasonable ground); or (iii) specify any variation (which must be a reasonable variation) to the condition that the land manager requires. (4) If the land manager makes no response to the Minister within 28 days after receipt of the copy of the permit and the details of the proposed variation or removal of the condition, or the new condition, the Minister may proceed to vary or remove the condition or impose the new condition. Subdivision 3—Revocation S. 84AAN inserted by No. 53/2014 s. 4. 84AAN Revocation of permit (1) The Minister, by written notice served on the holder of a levee maintenance permit, may revoke the permit. (2) The Minister may only act under subsection (1)— (a) following a request to do so by the holder of the permit; or (b) if the Minister is of the opinion that there has been a failure to comply with any term or condition of the permit. (3) A notice served under subsection (1) must specify the reasons for the revocation. (4) A revocation takes effect— (a) on the day on which written notice of the revocation is served on the permit holder; or (b) on a later day specified in the notice. Division 6—Apportionment of application fee S. 84AAO inserted by No. 53/2014 s. 4. 84AAO Payment to land manager of portion of application fee (1) The Minister must pay to a land manager that considers an application in accordance with this Part, a proportion (determined by the Minister) of the application fee paid to the Minister for that application. (2) The proportion must represent a land manager's reasonable costs in considering an application of that kind. (3) A land manager must provide to the Minister any information that the Minister requests for the purposes of subsection (2). Pt 5A (Heading and ss 84A–84ZM) inserted by No. 99/2005 s. 57.