11Administrative review by Civil and Administrative Tribunal

#### 11 Administrative review by Civil and Administrative Tribunal 11 Administrative review by Civil and Administrative Tribunal > > (1) An application in accordance with this section may be made to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of a decision under this Part specified in this section. > > > (2) An applicant for an approval may apply for an administrative review of a decision of IPART— > > > > > (a) refusing to grant an approval or granting an approval with modifications not agreed to by the applicant, or > > > > > (b) refusing to accept a variation of an application after an invitation to make submissions has been given, or > > > > > (c) fixing conditions of an approval. > > > (3) A registered operator of a scheme, the owner of water industry infrastructure forming part of a scheme or the owner of the land on which water industry infrastructure forming part of a scheme is located, other than pipelines within the reticulation network connected to the infrastructure, may apply for an administrative review of a decision of IPART relating to the scheme— > > > > > (a) varying an approval or refusing to approve a variation of an approval, or > > > > > (b) refusing to vary or revoke conditions of an approval, or > > > > > (c) refusing to give a consent or grant an approval required by conditions of an approval, or > > > > > (d) varying or imposing further conditions of an approval, or > > > > > (e) refusing to cancel an approval on application. > > > (4) An applicant for a licence may apply for an administrative review of a decision of the Minister— > > > > > (a) refusing to grant a licence or granting a licence with modifications not agreed to by the applicant, or > > > > > (b) fixing conditions of a licence. > > > (5) A licensee may apply for an administrative review of a decision of the Minister— > > > > > (a) refusing to vary the classes of infrastructure that may be operated under the licence, or > > > > > (b) refusing to vary or revoke licence conditions, or > > > > > (c) refusing to give a consent or grant an approval required by licence conditions, or > > > > > (d) varying or imposing further licence conditions, or > > > > > (e) refusing to consent to the surrender of the licence. > > > (6) In determining an application for an administrative review of a decision under this Part, the Civil and Administrative Tribunal is to decide what the correct and preferable decision is— > > > > > (a) having regard to the material available to the decision-maker at the time of the decision, and > > > > > (b) disregarding new material or new evidence provided by the applicant. > > > (7) Subsection (6) has effect despite the provisions of the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) and the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002). > > **s 11:** Subst 2021 No 26, Sch 1\[4\].