Appeal to the ERD Court
38 Appeal to the ERD Court
Where on an application for a certificate under section 36—
the Minister refuses the application; or
the applicant is dissatisfied with the terms, conditions or limitations of the certificate, the applicant may appeal to the ERD Court within 30 days after receiving notice of the decision.
The owner or occupier of land may appeal to the ERD Court against the termination or variation under section 37 of a certificate of zero impact in relation to the land at any time before the termination or variation takes effect.
An appeal under this section must be instituted in a manner and form 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 the appeal).
On hearing an appeal, the Court may—
affirm or vary the decision appealed against or substitute any decision that should have been made in the first instance; or
remit the subject matter of the appeal to the Minister for further consideration.
If an appeal has been instituted under subsection (2), the Court may suspend the operation of the decision appealed against until the determination of the appeal.
The Court may terminate a suspension under subsection (6) at any time.
This Act’s bill:Second reading speech
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