Heritage Places Act 1993

A person to whom a protection order, repair order or restoration order has been issued under this Part may appeal to the ERD Court against the order or any variation of the order.

An appeal must be made in the 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 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 making of an appeal does not affect the operation of the order to which the appeal relates or prevent the taking of action to implement or enforce the order.

The

Court or the Minister may, on its or the Minister's own initiative or on application by a party to the appeal, suspend the operation of an order until the determination of an appeal.

A suspension under subsection (7) may be subject to specified conditions, and may be varied or revoked by the Court or the Minister (as the case requires) at any time.

The

Court may, on hearing an appeal—

—

confirm, vary or revoke the order appealed against; or

substitute any order that should have been made at the first instance; or

remit the subject matter of the appeal to the Minister; or

order or direct a person to take such action as the Court thinks fit, or refrain (either temporarily or permanently) from such action or activity as the Court thinks fit; and

make any consequential or ancillary order or direction, or impose any condition, that it considers necessary or expedient.