Dissatisfied person
520 Dissatisfied person
A dissatisfied person, for an original or review decision, is—
if the decision is about an EIS or the EIS process for an EIS—the relevant proponent under chapter 3, part 1, for the project to which the EIS relates; or
if the decision is about an application for an environmental authority or proposed PRC plan for the application—the applicant; or
if the decision is about an environmental authority, including financial assurance for the environmental authority, or a PRCP schedule—the holder of the authority or schedule; or
if the decision is about an application for registration of a person as a suitable operator—the applicant; or
if the decision is about a registered suitable operator—the operator; or
if the decision is to give a PRCP schedule audit notice under section 285 and section 285(2)(b) applies in relation to the giving of the notice—the holder of the schedule; or
if the decision is about taking action after receiving an audit report for an audit of a PRCP schedule—the holder of the schedule; or
if the decision is to refuse an application to recognise an accreditation program for an agricultural ERA—the applicant; or
if the decision is about a recognised accreditation program for an agricultural ERA—the owner of the program; or
if the decision is to give an audit notice under section 322, 322A or 323—the recipient; or
if the decision is to conduct an environmental audit or prepare an environmental report for an audit under section 326—the relevant environmental authority holder; or
if the decision is about an environmental investigation or environmental enforcement order—the recipient; or
if the decision is about a transitional environmental program—the holder of the program or person or public authority that is required to apply for the issue of the program; or
if the decision is about a temporary emissions licence—
the applicant for the licence; or
the holder of the licence; or
if the decision is to issue a cost recovery notice—the recipient; or
if the decision is about recording particulars of land in, or removing particulars of land from, the environmental management register or contaminated land register—the land’s owner; or
if the decision is about a site management plan for contaminated land—
the recipient for the notice to prepare or commission the site management plan, other than for a decision under section 399; and
the land’s owner; and
if another person prepares or commissions the plan—the other person, other than for a decision under section 399; or
if the decision is about erecting signs on contaminated land—the land’s owner; or
if the decision is about a disposal permit—the applicant for the permit; or
if the decision is about an exemption under chapter 8, part 3F, division 3—the person applying for, or given, the exemption; or
if the decision is to give a notice under section 451(1)—the person to whom the notice is given; or
if the decision is about seizing a thing under section 461 unless a circumstance mentioned in section 463B(1)(a) or (b) applies—the owner or person in control of the seized thing before it was seized; or
if the decision is about retaining a seized thing under section 463D(4)(a)—the owner of the seized thing; or
if the decision is about an application for approval as an auditor under chapter 12, part 3A, division 2—the applicant; or
if the decision is about an auditor—the auditor; or
if the decision is about a complaint under chapter 12, part 3A, division 5—the person who made the complaint; or
if the decision is about a conversion application under section 695—the applicant; or
if the decision is a decision under an environmental protection policy or a regulation that the policy or regulation declares to be a decision to which this part applies—the person declared under the policy or regulation to be a dissatisfied person for the decision.
A submitter for an application is also a dissatisfied person if the decision is about—
a site-specific application for an environmental authority for a petroleum activity; or
an amendment application under chapter 5, part 7 for an environmental authority for a resource activity, other than a mining activity; or
an application for the issue of a transitional environmental program to which section 335 applies.
This provision refers to the regulations (a regulation
). Made under this Act:
- Environmental Protection (Air) Policy 2019 · Regulation
- Environmental Protection (Noise) Policy 2019 · Regulation
- Environmental Protection (Water and Wetland Biodiversity) Policy 2019 · Regulation
1 more instrument made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandum
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