Transport Infrastructure Act 1994

This section applies in relation to an original decision if a court (the appeal court) is stated in schedule 3 for the decision.

If the reviewed decision is not the decision sought by the applicant for the review, the applicant may appeal against the reviewed decision to the appeal court.

The Transport Planning and Coordination Act 1994, part 5, division 3—

applies to the appeal; and

provides—

for the procedure for the appeal and the way it is to be disposed of; and

that the person may apply to the appeal court to have the original decision stayed.

Subsection (5) applies if—

a person appeals to the Planning and Environment Court against a decision under section 62(1) on a planning application that is taken, under section 62A(2), to also be an application for a decision under section 62(1); and

a person appeals to the Planning and Environment Court against a decision under the Planning Act on the planning application.

The court may order—

the appeals to be heard together or 1 immediately after the other; or

1 appeal to be stayed until the other is decided.

Subsection (5) applies even if all or any of the parties to the appeals are not the same.

In this section—

original decision means a decision described in schedule 3.

reviewed decision means the chief executive’s decision on a review under section 485.