sec.864Review decision

### sec.864 Review decision Subsection (2) applies if the reviewer is satisfied the applicant has complied with— section 862 ; and either— section 863 (1) ; or if the reviewer has extended the time for applying for an internal review— section 863 (1) within the time extended under section 863 (2) ; and if any other person was given an information notice about the original decision— section 863 (3) and (4) . The reviewer must, within 20 business days after receiving the application— review the original decision; and consider any properly made submissions by a recipient of the submitter notice; and make a decision (the review decision ) to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision. The reviewer may, by notice to the applicant, before the period mentioned in subsection (2) has expired, extend the period by not more than 30 business days. Only 1 notice may be given under subsection (2A) for each review. Within 10 business days after making the review decision, the reviewer must give the applicant and any person who was given notice of the original decision notice (the review notice ) of the review decision. The review notice must also state— the reasons for the review decision; and that the applicant may, within 30 business days after the day the applicant is given the notice— for a decision or action mentioned in section 851 (1) , other than the giving of a compliance notice—appeal against the review decision to the Land Court; and for a decision or action mentioned in section 851 (3) —appeal against the review decision to the Land Court; and that the applicant may apply to the court that under paragraph (b) would hear the appeal against the review decision for a stay of the review decision. For the following decisions, the review notice must comply with the QCAT Act , section 157 (2) — a decision or action about a water bore driller’s licence; a decision or action mentioned in section 851 (1) for which a compliance notice was given. A copy of the relevant appeal provisions of this Act or the provisions of the QCAT Act about an external review must also be given with each review notice or copy of a review notice. If the reviewer does not comply with subsection (2) or (3) , the reviewer is taken to have made a decision confirming the original decision. If the review decision confirms the original decision, for the purpose of external review by QCAT or an appeal to a court, the original decision is taken to be the review decision. If the review decision amends the original decision, for the purpose of external review by QCAT or an appeal to a court, the original decision as amended is taken to be the review decision. s 864 amd 2001 No. 75 s 86 ; 2003 No. 25 s 124 ; 2005 No. 19 s 147 ; 2008 No. 34 s 727 ; 2009 No. 24 s 961 (sec.864-ssec.1) Subsection (2) applies if the reviewer is satisfied the applicant has complied with— section 862 ; and either— section 863 (1) ; or if the reviewer has extended the time for applying for an internal review— section 863 (1) within the time extended under section 863 (2) ; and if any other person was given an information notice about the original decision— section 863 (3) and (4) . (sec.864-ssec.2) The reviewer must, within 20 business days after receiving the application— review the original decision; and consider any properly made submissions by a recipient of the submitter notice; and make a decision (the review decision ) to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision. (sec.864-ssec.2A) The reviewer may, by notice to the applicant, before the period mentioned in subsection (2) has expired, extend the period by not more than 30 business days. (sec.864-ssec.2B) Only 1 notice may be given under subsection (2A) for each review. (sec.864-ssec.3) Within 10 business days after making the review decision, the reviewer must give the applicant and any person who was given notice of the original decision notice (the review notice ) of the review decision. (sec.864-ssec.4) The review notice must also state— the reasons for the review decision; and that the applicant may, within 30 business days after the day the applicant is given the notice— for a decision or action mentioned in section 851 (1) , other than the giving of a compliance notice—appeal against the review decision to the Land Court; and for a decision or action mentioned in section 851 (3) —appeal against the review decision to the Land Court; and that the applicant may apply to the court that under paragraph (b) would hear the appeal against the review decision for a stay of the review decision. (sec.864-ssec.4AA) For the following decisions, the review notice must comply with the QCAT Act , section 157 (2) — a decision or action about a water bore driller’s licence; a decision or action mentioned in section 851 (1) for which a compliance notice was given. (sec.864-ssec.4A) A copy of the relevant appeal provisions of this Act or the provisions of the QCAT Act about an external review must also be given with each review notice or copy of a review notice. (sec.864-ssec.5) If the reviewer does not comply with subsection (2) or (3) , the reviewer is taken to have made a decision confirming the original decision. (sec.864-ssec.6) If the review decision confirms the original decision, for the purpose of external review by QCAT or an appeal to a court, the original decision is taken to be the review decision. (sec.864-ssec.7) If the review decision amends the original decision, for the purpose of external review by QCAT or an appeal to a court, the original decision as amended is taken to be the review decision. - (a) section 862 ; and - (b) either— (i) section 863 (1) ; or (ii) if the reviewer has extended the time for applying for an internal review— section 863 (1) within the time extended under section 863 (2) ; and - (i) section 863 (1) ; or - (ii) if the reviewer has extended the time for applying for an internal review— section 863 (1) within the time extended under section 863 (2) ; and - (c) if any other person was given an information notice about the original decision— section 863 (3) and (4) . - (i) section 863 (1) ; or - (ii) if the reviewer has extended the time for applying for an internal review— section 863 (1) within the time extended under section 863 (2) ; and - (a) review the original decision; and - (b) consider any properly made submissions by a recipient of the submitter notice; and - (c) make a decision (the review decision ) to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision. - (i) confirm the original decision; or - (ii) amend the original decision; or - (iii) substitute another decision for the original decision. - (i) confirm the original decision; or - (ii) amend the original decision; or - (iii) substitute another decision for the original decision. - (a) the reasons for the review decision; and - (b) that the applicant may, within 30 business days after the day the applicant is given the notice— (i) for a decision or action mentioned in section 851 (1) , other than the giving of a compliance notice—appeal against the review decision to the Land Court; and (ii) for a decision or action mentioned in section 851 (3) —appeal against the review decision to the Land Court; and - (i) for a decision or action mentioned in section 851 (1) , other than the giving of a compliance notice—appeal against the review decision to the Land Court; and - (ii) for a decision or action mentioned in section 851 (3) —appeal against the review decision to the Land Court; and - (c) that the applicant may apply to the court that under paragraph (b) would hear the appeal against the review decision for a stay of the review decision. - (i) for a decision or action mentioned in section 851 (1) , other than the giving of a compliance notice—appeal against the review decision to the Land Court; and - (ii) for a decision or action mentioned in section 851 (3) —appeal against the review decision to the Land Court; and - (a) a decision or action about a water bore driller’s licence; - (b) a decision or action mentioned in section 851 (1) for which a compliance notice was given.