Water Industry Competition Act 2006

The following appeals may be made to the Land and Environment Court against a decision under this Part—

a person to whom a compliance notice is issued by the Minister or IPART may appeal against the decision to issue the notice,

a person against whom disciplinary action is taken by the Minister or IPART may appeal against the decision to take that action,

the registered operator of an approval that is cancelled on the initiative of the Minister or IPART may appeal against the decision to cancel the approval,

a person against whom an order for forfeiture of security is made may appeal against the decision to make the order or as to the amount to be forfeited.

An appeal is to be made in accordance with the rules of court, but may not be made more than 21 days after the day on which written notice of the decision is served on the person.

Subject to an order made by the Land and Environment Court, an appeal does not operate to stay the decision to which the appeal relates.

Despite the Land and Environment Court Act 1979, section 39(3), in determining an appeal against a decision under this Part, the Land and Environment Court is not to have regard to new material or new evidence provided by the appellant that was not available to the person who made the decision to which the application relates at the time of the decision.