Environmental Protection Act 1994

If an application is made for internal review of an original decision mentioned in schedule 2, part 1 or 2, the applicant may immediately apply for a stay of the decision to—

for an original decision mentioned in schedule 2, part 1—the Land Court; or

for an original decision mentioned in schedule 2, part 2—the Court.

The Land Court or the Court may stay the decision only if it considers the stay is desirable having regard to the following—

the interests of any person whose interests may be affected by the granting of the stay or the stay not being granted;

any submission made to the Land Court or the Court by the entity that made the original decision;

the public interest.

A stay may be given on conditions the Land Court or the Court considers appropriate and has effect for the period stated by the Land Court or the Court.

The period of a stay must not extend past the end of the period within which an appeal against the review decision may be started under section 525 or 532.

This section applies subject to sections 539C and 539D.

In this section—