Review by the Authority
429 Review by the Authority
Pt 14.2 (Heading and ss 429–436) inserted by No. 39/2018 s. 18 (as amended by Nos 27/2019 ss 32−40, 3/2020 ss 45, 46, 47/2020 s. 27).
S. 429 inserted by No. 39/2018 s. 18 (as amended by Nos 27/2019 ss 32−40, 3/2020 ss 45, 46, 47/2020 s. 27).
A person may apply to the Authority for review of a decision by an authorised officer to issue a notice to the person or to amend a notice issued by an authorised officer to the person.
A person may apply for review under subsection (1) within—
10 business days after the day on which notice of the decision is served on the person; or
any longer period allowed by the Authority.
The application must be in the form and manner approved by the Authority.
If an application is made to the Authority in accordance with this section, the Authority may make a decision—
to affirm or vary the decision; or
to set aside the decision and substitute another decision that the Authority considers appropriate.
The Authority must ensure that a review under this section of a decision is not conducted by a person who was involved in the making of the decision under review.
The Authority must, within 10 business days after the application is made under subsection (1), give a written notice to the applicant for review setting out the Authority's decision under subsection (4) and the reasons for the decision.
If the Authority does not notify an applicant of a decision in accordance with subsection (6), the Authority is taken to have made a decision to affirm the reviewable decision.
An application under this section does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless the Authority, on its own initiative or on the application of the applicant for review, stays the operation of the decision pending the determination of the review.
The Authority must make a decision on an application for a stay under subsection (8) by—
if the Authority receives the application during business hours on a business day, the same time as the time the application is received on the second business day after the application is received; or
if the Authority receives the application on a day that is not a business day or after 5 p.m. on a business day, 5 p.m. on the second business day after the application is received.
If the Authority does not make a decision in accordance with subsection (9), the Authority is taken to have made a decision to grant the stay.
The Authority may attach any conditions to a stay of the operation of a reviewable decision that it considers appropriate.
In this section—
notice means one of the following notices—
an improvement notice;
a prohibition notice;
a notice to investigate;
an environmental action notice.
This Act’s bill:Explanatory memorandumSecond reading speech
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