Appeals to ERD Court against protection or reparation order
113 Appeals to ERD Court against protection or reparation order
A person to whom a protection order or reparation order has been issued under Part
8Division 2 may appeal to the
ERD Court against the order or any variation of the order.
An appeal must be made in a manner and form determined by the
Court, setting out the grounds of the appeal.
Subject to this section, an appeal must be made within
21 days after the order is issued or the variation is made.
The Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that an appeal be made within the period fixed by subsection (3).
Unless otherwise determined by the Court, an appeal must be referred in the first instance to a conference under section 16 of the
Environment, Resources and Development
Court Act 1993 (and the provisions of that Act will then apply in relation to that appeal).
Subject to subsection (7), the institution of an appeal does not affect the operation of the order to which the appeal relates or prevent the taking of action to implement the order.
The Court may, on application by a party to an appeal, make an order staying or otherwise affecting the operation or implementation of the whole or a part of an order if the Court is satisfied that it is appropriate to do so having regard to—
the possible consequences to a fish habitat or aquatic resources and the interests of any persons who may be affected by the appeal;
and
the need to secure the effectiveness of the hearing and determination of the appeal.
An order under subsection (7)—
may be varied or revoked by the Court by further order;
and
is subject to such conditions as are specified in the order;
and
has effect until—
the end of the period of operation (if any) specified in the order;
or
the decision of the Court on the appeal comes into operation, whichever is the earlier.
The Court must not make an order under subsection (7) unless each party to the appeal has been given a reasonable opportunity to make submissions in relation to the matter.
The Court may, on hearing an appeal under this section do one or more of the following:
confirm, vary or revoke the order appealed against;
order or direct a person or body to take such action as the Court thinks fit, or to refrain (either temporarily or permanently) from such action or activity as the Court thinks fit;
make any consequential or ancillary order or direction, or impose any condition, that it considers necessary or expedient.
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