279Determination of appeal

279 Determination of appeal

(1)  On an appeal, the Appeal Tribunal may –

(a) affirm or vary the decision appealed against, or substitute any decision that should have been made in the first instance; or

(b) [Section 279 Subsection (1) amended by No. 33 of 2015, s. 34, Applied:01 Jan 2016] [Section 279 Subsection (1) amended by No. 33 of 2015, s. 34, Applied:01 Jan 2016] remit the subject matter of the appeal to the Minister or other authority and direct that the matter is to be further considered by the Minister or that authority; or

(c) make or give any consequential or ancillary order or direction.

(1A)  [Section 279 Subsection (1A) amended by No. 33 of 2015, s. 34, Applied:01 Jan 2016] [Section 279 Subsection (1A) inserted by No. 6 of 2007, s. 37, Applied:16 Jul 2007] However, in its application to an appeal in respect of the determination of an application for a Division 3 permit, subsection (1) is subject to section 276(4) .

(2)  [Section 279 Subsection (2) amended by No. 33 of 2015, s. 34, Applied:01 Jan 2016] Where the Appeal Tribunal has determined an appeal in respect of the determination of an application for a Division 3 permit, an application for a permit in respect of dam works which are substantially the same as the dam works to which the appeal related may not, without the leave of the Tribunal, be made within a period of 2 years from the date on which the Tribunal made its decision.