368Appeals to Land and Environment Court

#### 368 Appeals to Land and Environment Court 368 Appeals to Land and Environment Court > > (1) An appeal lies to the Land and Environment Court against any of the following decisions made by the Minister— > > > > > (a) a decision refusing to grant an access licence, > > > > > (b) a decision granting a designated access licence, if the appellant was an objector to the granting of the licence, > > > > > (c) a decision imposing a discretionary condition on an access licence, > > > > > (d) a decision fixing the term of an access licence, > > > > > (e) a decision refusing consent to a dealing in an access licence, > > > > > (f) a decision suspending or cancelling an access licence, > > > > > (fa) a decision— > > > > > > > (i) in relation to the recording of any matter in the Access Register, or > > > > > > > (ii) in relation to the issue of any access licence certificate, > > > > > (g) a decision refusing to grant an approval, other than a decision refusing to accept an application for an approval, > > > > > (h) a decision granting a designated approval, if the appellant was an objector to the granting of the approval, > > > > > (i) a decision imposing a discretionary condition on an approval, > > > > > (j) a decision fixing the term of an approval, > > > > > (k) a decision refusing to amend an approval in accordance with an application made by its holder, > > > > > (k1) a decision to amend an approval otherwise than on the basis of an application made by the holder of the approval, > > > > > (l) a decision suspending or cancelling an approval or part of an approval, > > > > > (la) a decision ordering an irrigation corporation to pay an administrative penalty to the Minister, > > > > > (m) a decision ordering a major utility or local water utility to pay an administrative penalty to the Minister, > > > > > (m1) a decision under section 68A (1C), > > > > > (m2) a decision to require a compliance audit or audits, > > > > > (ma) a decision under section 60G, > > > > > (mb) a decision to impose a charge under section 91O, > > > > > (n) a decision to give a direction to a person under Part 1, > > > > > (n1) a decision in relation to a bore driller’s licence, being a decision prescribed by the regulations for the purposes of this paragraph, > > > > > > Examples— > > > > > > The following kinds of decisions may be prescribed— > > > > > > > (a) decisions to refuse to grant a bore driller’s licence, > > > > > > > (b) decisions to grant a bore driller’s licence subject to a condition, > > > > > > > (c) decisions to vary a condition of a bore driller’s licence, > > > > > > > (d) decisions to suspend or cancel a bore driller’s licence. > > > > > (o) a decision as to a person’s entitlement to compensation for damage arising from the exercise of a power of entry under Part 2, > > > > > (p) a decision by the Minister to give a direction to a private water corporation, private water trust or the trustees of a trust to comply with, or to cease to contravene, the rules of the corporation or trust. > > > (1A) An appeal lies to the Land and Environment Court against any of the following decisions— > > > > > (a) a decision by a private water corporation or an irrigation corporation to impose a charge under section 136A or 170 on a member, landholder or other person, > > > > > (b) a decision by a private water corporation as to a member’s water entitlement, > > > > > (c) a decision by a private water trust or the trustees of a trust as to a member’s water entitlement. > > > (2) Despite subsection (1)— > > > > > (a) no appeal lies against any decision made by the Minister on an application to which an objection has been made if— > > > > > > > (i) in the case of the applicant, the Minister has dismissed the application as a consequence of the applicant having failed to participate in mediation or neutral evaluation proceedings, or > > > > > > > (ii) in the case of the objector, the Minister has dismissed the objection as a consequence of the objector having failed to participate in mediation or neutral evaluation proceedings, and > > > > > (b) no appeal lies against any decision made by the Minister pursuant to a report from a Commission of Inquiry under section 119 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), and > > > > > (c) no appeal lies against a decision of the Minister to grant a licence under section 63A or 63B or to impose a discretionary condition on such a licence, and > > > > > (d) no appeal lies against a decision of the Minister to impose a discretionary condition on a licence amended under section 68B. > > > (3) An appeal is to be made in accordance with rules of court, but may not be made more than 28 days after the date on which the decision was made. > > > (4) In addition to the appellant and the Minister— > > > > > (a) the parties to an appeal made by an applicant for a designated access licence or designated approval against a decision refusing to grant the licence or approval include any objector to the granting of the licence or approval who, in accordance with rules of court, gives notice to the Land and Environment Court of the objector’s wish to become a party to the appeal, and > > > > > (b) the parties to an appeal made by an objector to the granting of a designated access licence or designated approval against a decision granting the licence or approval include the applicant for the licence or approval. > > > (5) The lodging of an appeal does not operate to stay action on the decision appealed against, except to the extent that the Land and Environment Court otherwise directs. > > > (5A) If the Land and Environment Court directs that a decision under appeal is stayed, the decision does not operate until the stay ceases to have effect or the Land and Environment Court confirms the decision or the appeal is withdrawn, whichever first occurs. > > > (6) In this section— > > > > designated access licence means an access licence to which a person has a right of objection under section 62. > > > > designated approval means an approval to which a person has a right of objection under section 93. > > **s 368:** Am 2001 No 56, Sch 1.22 \[32\]; 2002 No 138, Sch 4 \[27\]; 2004 No 39, Schs 3 \[33\], 4 \[44\] \[45\]; 2005 No 118, Schs 1 \[42\], 2 \[2\]; 2008 No 73, Sch 1 \[12\]; 2010 No 133, Schs 1 \[6\], 2\[71\] \[72\]; 2012 No 95, Sch 1.22 \[6\]; 2014 No 48, Sch 1.10 \[23\]–\[25\]; 2018 No 31, Sch 1 \[73\]; 2022 No 59, Sch 1.38\[4\]; 2025 No 70, Sch 3\[136\] \[137\].