Right of appeal
65 Right of appeal
The following rights of appeal lie to the ERD Court:
an applicant for the grant of a permit under this Part may appeal to the ERD Court against a refusal to grant the permit or the imposition of conditions in relation to the permit;
the holder of a permit may appeal against the variation or revocation of the permit.
An appeal under subsection (1) must be instituted in the manner and form determined by the Court within six weeks of the decision, direction or restriction appealed against or within such further time as the Court considers to be reasonable in the circumstances.
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 an appeal the ERD Court may—
affirm or vary the decision, direction or restriction appealed against, or substitute any decision, direction or restriction that should have been made in the first instance; or
remit the subject matter of the appeal to the Trust, or the
Minister (as the case requires) for further consideration.
Where the Trust has made a decision to vary or revoke a permit, or the Minister has made a decision to revoke a permit, and the Trust, the
Minister or the Court is satisfied that an appeal against the decision has been instituted, or is intended, the Trust, the Minister or the Court may suspend the operation of the decision until the determination of the appeal.
A suspension granted under subsection (5) by the Trust, the Minister or the
Court may be terminated by the Trust, the Minister or the Court (as the case requires) at any time.
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