(1) Any person may apply to the Authority for an approval that would, but for this Part, be required by or under another enactment or a statutory planning instrument for an activity or a facility reasonably necessary for the proper conduct of the Rugby World Cup 2011.

(2) Applications may also be made to the Authority to declare, in relation to a specified location or area, that a specified activity or facility, or class of activity or facility, is a Rugby World Cup permitted activity.

(3) An application for a declaration may be made only by the relevant statutory person or body.

(4) A declaration may relate only to an activity or facility, or class of activity or facility, that is reasonably necessary for the proper conduct of the Rugby World Cup 2011.

(5) A person who holds an approval or a declaration granted under this Part may apply to the Authority for a change to any conditions of the approval or declaration.

(6) A person who holds an approval granted under any other enactment may apply to the Authority for a change to any conditions of the approval.

(7) An application may not be made under subsection (5) or (6) unless the change sought is reasonably necessary for the proper conduct of the Rugby World Cup 2011.

(1) Applications may be made for test approvals or declarations relating to a test event.

(2) A test approval or declaration may be granted—

• (a) subject to any conditions that the Authority considers appropriate; and

• (b) for a specified term, which must not exceed the time required for the specified test event, in order to test the adequacy of the activity or facility.

(3) A person who holds a test approval or declaration may apply to the Authority for a change to the conditions of a test approval or declaration.

(4) The provisions of this Part (other than section 22) apply, with any necessary modifications, to an application under this section as if it were an application made under section 19.

(5) In this Part,—

Applications for approvals and declarations under section 19 or 20 must be—

• (a) made in writing, in the form and manner prescribed by regulations or as approved by the Authority; and

• (b) lodged for registration with the administrative secretariat; and

• (c) accompanied by—

  • (i) the information required by section 22 or 23, as the case requires; and

  • (ii) the deposit that the administrative secretariat may require under section 18.

(1) Every application made under this Part must supply—

• (a) all the information required under the enactment that would, but for this Act, apply; and

• (b) if not required by the other enactments, an electronic address for service of notices given under this Act.

(2) Without limiting subsection (1),—

• (a) an application made under section 19(1) for an approval must—

  • (i) specify the activity or facility for which the approval is required; and

  • (ii) specify the enactment or statutory planning instrument that would apply, but for this Part; and

  • (iii) describe the land, location, or area to which the activity or facility relates and state why the site is suitable for that activity or facility; and

• (b) an application made under section 19(2) for a declaration must—

  • (i) describe the activity or facility, or class of activity or facility, in respect of which a declaration is sought; and

  • (ii) specify the enactment or statutory planning instrument that would apply, but for this Part; and

  • (iii) describe the land, location, or area where the proposed declaration is to apply and state why that land, location, or area is a suitable site for the relevant Rugby World Cup permitted activity; and

  • (iv) provide information as to why the declaration is requested; and

• (c) an application made under section 19(1) or (2) must also include—

  • (i) evidence that the activity or facility to which the application relates meets the criteria set out in section 25(3); and

  • (ii) evidence of any planning or other preparation undertaken under the enactment that would, but for this Part, apply in relation to the activity or facility and why the application ought to be considered under this Part, rather than under that other enactment; and

  • (iii) information as to the steps the applicant will take to ensure, as far as is reasonably practicable, the health and safety of those carrying out the activity or using the facility; and

  • (iv) maps and plans that describe the activity or facility and its location or proposed location; and

  • (v) any conditions that the applicant considers appropriate to apply to the approval or declaration, if granted; and

  • (vi) an assessment of how the activity or facility to which the application relates is likely to promote the matters set out in section 11(2); and

  • (vii) any other information that the applicant considers would assist in the determination of the application; and

• (d) an application made under section 19(5) or (6) in relation to a change to the conditions must—

  • (i) describe the approval or declaration to which it relates; and

  • (ii) identify the condition that is the subject of the request or the new condition that is sought; and

  • (iii) provide information as to why the change or cancellation of the condition is requested or a new condition is sought; and

  • (iv) include an assessment of how the change or cancellation of a condition or provision of a new condition is likely to promote the matters set out in section 11(2); and

  • (v) include the information required by subsections (1) and (2)(c)(iv) and (vii).

An application made under section 20 must include—

• (a) a description of the test event, including—

  • (i) the location where it is to take place; and

  • (ii) the date and time when it is to take place; and

• (b) a statement as to why a test approval or declaration is required and how it is to be used for the purpose of testing, as part of the preparation for the Rugby World Cup 2011, that an activity or facility is adequate and appropriate to achieve the intended outcome; and

• (c) information as to the steps the applicant will take to ensure, as far as is reasonably practicable, the health and safety of those carrying out the activity or using the facility; and

• (d) any other information relevant to the test event for which the test approval or declaration is required; and

• (e) in the case of an application to change the conditions of a test approval or declaration, the information required under section 22(2)(d).

(1) If an applicant lodges an application for an approval under section 21(b) that is the same, or substantially the same, as an application already lodged with a statutory person or body,—

• (a) the Authority must proceed to make—

  • (i) the preliminary determination under section 25 or 26; and

  • (ii) the determination referred to in subsection (2); and

• (b) if the Authority is satisfied that the application meets the criteria of subsection (2) and, to the extent relevant, the criteria of section 25(3),—

  • (i) the Authority must proceed to deal with the application under Part 3; and

  • (ii) the application to the relevant statutory person or body is to be treated as having been withdrawn from the relevant statutory person or body and must be transferred to the Authority in accordance with regulations made under this Act.

(2) In determining whether an application is the same or substantially the same as the application lodged with the relevant statutory person or body, the Authority must take into account—

• (a) the duration of the activity or facility proposed in each application; and

• (b) any other matters the Authority considers relevant in the circumstances.

(3) If the Authority proceeds to determine an application to which this section applies, it must notify the relevant statutory person or body that it is doing so.

(4) If notice is given under subsection (3), the relevant statutory person or body must, without delay,—

• (a) forward a copy of all documentation it holds on the application to the Authority; and

• (b) cease to process the application.

(5) However, if the Authority declines to grant an approval under this Part, the relevant statutory person or body must, if requested to do so by the applicant, reinstate the application and proceed to determine it as if the application had not been transferred to the Authority.

(6) If subsection (5) applies,—

• (a) the application and documentation held by the Authority in relation to the application must be transferred without delay to the relevant statutory person or body; and

• (b) the statutory time limits applying to the relevant statutory person or body recommence from the date that the statutory body or person receives the documentation.

(7) If the relevant statutory person or body is requested to reinstate and determine the application under subsection (5),—

• (a) it must treat the decision and reasons of the Authority as irrelevant for the purposes of the decision on the application; but

• (b) it may have regard to any other relevant information that is transferred under subsection (6)(a).

(1) The Authority must determine, in relation to every application made under subpart 1, whether the application meets the criteria set out in subsection (3).

(2) Before making that decision the Authority may request further information from the applicant, if it is satisfied that provision of the information will, in the circumstances, assist in the fair and timely determination of the application.

(3) The Authority must be satisfied that—

• (a) the application relates to an activity or facility that is reasonably necessary for the proper conduct of, as the case may be,—

  • (i) the Rugby World Cup 2011; or

  • (ii) a test event; and

• (b) the applicant has undertaken all reasonably practicable measures to ensure that the necessary approval, declaration, test approval or declaration, or change to the conditions was obtained under the enactment or statutory planning instrument that would have applied, but for this Part, or that the application could not reasonably have been made at an earlier date; and

• (c) it is unlikely that, but for this Part, the application could be determined in time to enable the activity to be undertaken or the facility constructed for the Rugby World Cup 2011 or the test event, as the case may be.

In determining an application that relates to a tournament venue, the Authority must disregard the criteria set out in section 25(3)(b) and (c).

(1) The Authority must give notice to the applicant of its determination under section 25(1), advising whether or not the application is to be determined under this Act, and the reasons for the decision.

(2) The Authority must give notice of its decision not later than 5 working days after receiving—

• (a) the application from the administrative secretariat under section 17(4)(b); or

• (b) any further information requested under section 25(2).

(1) If the Authority determines under section 25 that an application is to be determined under this Act, the Authority must, not later than 5 working days after notifying the applicant under section 27,—

• (a) give public notice of that application; and

• (b) serve a copy of the application and of all documents and maps or plans submitted with it—

  • (i) on the relevant statutory person or body; and

  • (ii) on Rugby New Zealand 2011 Limited; and

  • (iii) on the New Zealand Fire Service.

(2) However, subsection (1)(a) does not apply if the enactment or statutory planning instrument that would apply, but for this Act, makes no provision for public notice to be given of an application made under that enactment or statutory planning instrument.

(3) Despite subsection (2), the Authority may give public notice of an application to which that subsection applies if it considers that there are special circumstances that warrant public notice being given.

(4) If public notice is not given, the Authority must, without delay, give written notice to the persons with a right to be heard, as provided for in section 32(2), of—

• (a) the decision not to publicly notify the application; and

• (b) the right of those persons to request a hearing.

(5) Any request for a hearing must be received by the administrative secretariat not later than 4 working days after the date of the notice given under this subsection.

(1) A public notice must specify—

• (a)  the nature of the application, with details that include—

  • (i) the activity, facility, or test activity or facility for which an approval is sought or the activity or facility, or class of activity or facility, that would become a Rugby World Cup permitted activity; and

  • (ii) the land, location, or area where any approval, declaration, or test approval or declaration would apply; and

• (b) the enactment that would, but for this Act, apply to the application; and

• (c) the persons or classes of person who are entitled to make a submission on the application; and

• (d) how any submissions opposing or in support of the application must be made (which may include requiring submissions to be made by electronic transmission); and

• (e) the address for service of submissions to—

  • (i) the applicant; and

  • (ii) the relevant statutory person or body; and

• (f) the date by which submissions must be received by the Authority (which must be not later than 10 working days after the date of the public notice); and

• (g) where access (which may be restricted to Internet access) to the application and all accompanying documents and plans is available without charge; and

• (h) how to obtain further information on the application.

(2) The Authority must supply a copy of an application and of the documents and any maps or plans submitted with it, if requested, on the payment of a reasonable fee fixed by the Authority.

(1) After an application has been publicly notified, submissions may be made in support of, or opposing, the application by—

• (a) the applicant:

• (b) the relevant statutory person or body:

• (c) an affected person, as determined in accordance with section 31:

• (d) a person with an interest greater than that of the general public in the matter to which the application relates:

• (e) the New Zealand Fire Service.

(2) No submissions may be made by any person on, or in relation to, trade competition or the effects of trade competition.

(3) Submissions, including any request to be heard, must be—

• (a) made in the form and manner prescribed by regulation or as approved by the Authority; and

• (b) lodged with the Authority by the date given in the public notice; and

• (c) served on the applicant and the relevant statutory person or body without delay after being lodged with the Authority.

(1) A person is an affected person if the adverse effects on the person of an activity, facility, or class of activity or facility for which an approval, declaration, or test approval or declaration is sought will be, or are likely to be, more than minor.

(2) However, a person is not an affected person—

• (a) if, and to the extent that, the effects on that person relate to trade competition or the effects of trade competition; or

• (b) if, and to the extent that, the effects of the activity, facility, or class of activity or facility on that person are expressly permitted by any statutory planning instrument or by a declaration made under this Part; or

• (c) if the person has given written approval for the activity, facility, or class of activity or facility and has not withdrawn that approval by written notice to the Authority before the Authority has made its determination on the matter; or

• (d) if it is unreasonable in the circumstances to seek the person's written approval.

(3) In determining whether a person is an affected person, the Authority must disregard an adverse effect that is of a temporary nature, having regard to the duration of the activity or facility for which an approval, a declaration, or a test approval or declaration is sought.

(1) The Authority need not conduct a hearing in relation to an application unless—

• (a) it considers that a hearing is necessary; or

• (b) a person with a right to be heard has requested to be heard.

(2) The persons who have a right to be heard by the Authority are—

• (a) the applicant; and

• (b) the relevant statutory person or body; and

• (c) any person who lodged a submission under section 30.

(1) If an application is publicly notified under section 28, the Authority must, not later than 5 working days after the closing date for submissions notified under section 29(1)(f), give written notice to the persons with a right to be heard as to—

• (a) whether the Authority is to conduct a hearing; and

• (b) if so, the date of its commencement, which must be not later than 5 working days after the date on which the written notice is given under this subsection.

(2) If an application is not publicly notified, the Authority must, not later than 5 working days after giving written notice to the persons with a right to be heard under section 28(4), give those persons written notice as to—

• (a) whether the Authority is to conduct a hearing; and

• (b) if so, the date of its commencement, which must be not later than 5 working days after the date of the written notice given under this subsection.

(3) No hearing is required under this section if—

• (a) the persons with a right to be heard waive that right; and

• (b) the Authority considers that a hearing is not necessary.

(1) In determining an application made under section 19(1) or (5) or 20 for an approval, a test approval, or a change to the conditions of an approval or a test approval, the Authority must have regard to any adverse effects on the environment that would be, or would be likely to be, if the application were granted, more than minor as determined in accordance with section 36.

(2) Subsection (1) also applies, with the necessary modifications, to the determination of an application under section 19(6) to change the conditions of an approval granted, given, or authorised under another enactment.

(3) The Authority must not grant the application if the activity or facility that is the subject of the application is prohibited by another Act.

(4) In making a determination under subsection (1) or (2), the Authority must take into account—

• (a) the particular circumstances of the application; and

• (b) the extent to which an approval, a test approval, or a change to the conditions of an approval or a test approval, if granted, would promote the matters set out in section 11(2).

(5) The Authority may take into account—

• (a) the effect of an approval, a test approval, or a change to the conditions of an approval or a test approval, if granted, on activities or facilities that have been authorised under this Act or another enactment; and

• (b) the provisions of any enactment or statutory planning instrument that would, but for this Part, apply and whether the application meets the requirements of those provisions.

(6) The Authority may grant the application in full or in part or decline the application.

(7) If the Authority grants the application, the Authority—

• (a) must prescribe, as a condition of the approval or test approval, or change to the conditions of the approval or test approval,—

  • (i) in the case of an approval or a change to the conditions of that approval, the duration of the approval or conditions, which may commence at any time provided for by the Authority and must, unless section 41 applies, expire not later than 31 December 2011; and

  • (ii) in the case of a test approval, the duration of the approval, which may commence not earlier than 1 week before the commencement of the relevant test event and must expire not later than the day after the final day of that event; and

• (b) may prescribe any other conditions that it considers appropriate, including a condition for a bond to be paid to the administrative secretariat to secure the performance of the conditions of an approval or a test approval.

(1) In determining an application under section 19(2) or (5) or 20 for a declaration, a test declaration, or a change to the conditions of a declaration or a test declaration, the Authority must have regard to any adverse effects on the environment that would be, or would be likely to be, if the application were granted, more than minor as determined in accordance with section 36.

(2) The Authority must not grant the application if the activity, facility, or class of activity or facility that is the subject of the application is prohibited by another Act.

(3) In making a determination under subsection (1), the Authority must take into account—

• (a) the particular circumstances of the application; and

• (b) the extent to which a declaration, test declaration, or change to the conditions of a declaration or test declaration, if granted, would promote the matters set out in section 11(2).

(4) The Authority may take into account—

• (a) the effect of a declaration, test declaration, or change to the conditions of a declaration or test declaration, if granted, on activities or facilities that have been authorised under this Act or another enactment; and

• (b) the provisions of any enactment or statutory planning instrument that would, but for this Part, apply and whether the application meets the requirements of those provisions.

(5) The Authority may grant the application in full or in part or decline the application.

(6) If the Authority grants the application, it must—

• (a) prescribe, as a condition of the declaration or test declaration, the duration of the declaration or test declaration, which may commence,—

  • (i) in the case of a declaration, not earlier than 1 August 2011 and must expire not later than 31 October 2011; and

  • (ii) in the case of a test declaration, not earlier than 1 week before the commencement of the relevant test event and must expire not later than the day after the final day of that event; and

• (b) prescribe the land, area, or location where the Rugby World Cup permitted activity may be undertaken or constructed; and

• (c) direct the relevant statutory person or body to treat the specified activity or facility, or class of activity or facility, as a Rugby World Cup permitted activity.

(7) The Authority may prescribe any other conditions that it considers appropriate, including—

• (a) conditions that apply to any of the activities, facilities, or class of activity or facility to which the declaration relates; and

• (b) a condition for a bond to be paid to the administrative secretariat to secure the performance of the conditions of a declaration or test declaration.

In determining, for the purposes of sections 34 and 35, whether an activity or facility will, or is likely to, have adverse effects on the environment that are more than minor (including on any person), the Authority must disregard—

• (a) any adverse effect of the activity or facility that—

  • (i) relates solely to the site or location of the activity or facility; and

  • (ii) is expressly permitted by any statutory planning instrument or by a declaration made under this Part; and

  • (iii) is of a temporary nature, having regard to the duration of the approval, declaration, or test approval or declaration; and

• (b) any effect of the activity or facility on a person who has given written approval to the application; and

• (c) trade competition and the effects of trade competition.

(1) If an application is not publicly notified under section 28 (whether or not a hearing is conducted), the Authority must serve notice of its determination, as required by subsection (3), on—

• (a) the applicant; and

• (b) the relevant statutory person or body; and

• (c) the New Zealand Fire Service; and

• (d) Rugby New Zealand 2011 Limited.

(2) If an application is publicly notified (whether or not a hearing is conducted), the Authority must serve notice of its determination, as required by subsection (3), on—

• (a) the applicant; and

• (b) the relevant statutory person or body; and

• (c) each person who lodged a submission on the application or is required to provide a report under clause 11 of Schedule 1; and

• (d) Rugby New Zealand 2011 Limited.

(3) The required notice must be served,—

• (a) in the case of an application which is not publicly notified,—

  • (i) not later than 5 working days after notice is given under section 33(2); or

  • (ii) not later than 10 working days after the end of a hearing, if one is conducted; or

• (b) in the case of an application that is publicly notified, not later than 10 working days after—

  • (i) the closing date for submissions to be lodged under section 30, if no hearing is conducted; or

  • (ii) the end of the hearing, if a hearing is conducted.

(4) A notice served under this section must include—

• (a) the reasons for the determination; and

• (b) the provisions of any enactment and statutory planning instrument relevant to that determination; and

• (c) the principal issues in contention and the main findings on them; and

• (d) the reasons for any conditions that are imposed; and

• (e) advice as to the right of appeal under subpart 6; and

• (f) the date by which any appeal must be lodged.

(5) A copy of a determination of the Authority and of any map or plan to which it refers must be—

• (a) kept at the place specified by the Authority (including, at the discretion of the Authority, on an Internet site); and

• (b) made available for public inspection without charge during ordinary office hours (or on an Internet site, without charge).

Unless the Authority specifies a later date, an approval, a declaration, a test approval or declaration, or a change to the conditions of an approval, a declaration, or a test approval or declaration commences on the third working day after the determination of the Authority is publicly notified.

An approval, a declaration, a test approval or declaration, or a change to the conditions of an approval or a declaration expires—

• (a) on the date specified by the Authority under section 34 or 35, as the case may be; or

• (b) if the Authority does not so specify, on the date specified in section 34 or 35, as the case may be.

(1) An approval, a declaration, a test approval or declaration, or a change to the conditions of an approval, a declaration, or a test approval or declaration granted or made under this Part has full force and effect for its duration and according to its terms and conditions as if it were granted or made under the enactment or statutory planning instrument that would, but for this Part, apply.

(2) To avoid doubt, unless section 41 applies, an activity or facility undertaken or constructed under an approval, a declaration, or a test approval or declaration granted or made under this Part does not—

• (a) give rise to or create any right to the use of land after the expiry of the approval, declaration, or test approval or declaration; or

• (b) qualify, in the case of an approval that would, but for this Part, be required by or under the Resource Management Act 1991, for—

  • (i) a certificate of compliance under section 139 of that Act; or

  • (ii) an existing use certificate under section 139A of that Act.

(1) A person to whom an approval is granted under this Part may apply to the relevant statutory person or body for a certificate that certifies that the approval granted under this Part continues to have effect as if it were an approval granted under the enactment or statutory planning instrument that would, but for this Part, apply.

(2) A certificate issued under subsection (1)—

• (a) applies subject to the enactment or statutory planning instrument that would, but for this Act, apply; and

• (b) may impose conditions in accordance with the requirements of that enactment or statutory planning instrument.

(3) In addition, a certificate issued under subsection (1) must include a condition as to the duration of the approval or certificate.

(4) An application under subsection (1) must be made not later than 1 month before the expiry of the approval granted under this Part.

(5) The relevant statutory person or body may, in its discretion,—

• (a) allow the person to whom the approval was granted to continue to operate under the approval granted by the Authority under this Part until the relevant statutory person or body—

  • (i) grants a new approval under the enactment or statutory planning instrument that would, but for this Part, apply and all appeals are determined; or

  • (ii) issues a certificate under subsection (1); or

  • (iii) declines to grant a new approval under the enactment that would, but for this Part, apply or issue a certificate; and

• (b) impose conditions in accordance with the requirements of that enactment or statutory planning instrument.

(1) The statutory person or body responsible for monitoring and enforcement under an enactment or statutory planning instrument that would, but for this Part, apply must carry out monitoring and enforcement in relation to approvals or test approvals granted, or declarations or test declarations made, under this Part.

(2) That statutory person or body has the same powers for that purpose as that person or body has under the other enactment or statutory planning instrument.

(3) The provisions for monitoring and enforcement under that other enactment or statutory planning instrument apply, with the necessary modifications.

(4) To avoid doubt, any right of appeal that applies under the enactment or statutory planning instrument that would, but for this Part, apply also applies to enforcement proceedings taken in relation to activities or facilities for which approvals are granted or declarations made under this Part.

(1) This section and section 44 apply, in addition to the powers of enforcement available under section 42, in relation to activities or facilities for which approvals are granted or declarations made under this Part.

(2) The relevant statutory person or body may apply to the Authority for an interim injunctive order to—

• (a) require a person to cease undertaking an activity or constructing a facility; or

• (b) prohibit a person from commencing an activity or beginning to construct a facility.

(3) No undertaking as to damages may be required in relation to an application made under this section.

(1) The Authority may make an interim injunctive order if, in its opinion, the application relates to an activity or a facility that—

• (a) contravenes, or is likely to contravene, the approval, declaration, or test approval or declaration granted for the activity or facility; or

• (b) is, or is likely to be, noxious, dangerous, offensive, or objectionable to such an extent that it has, or is likely to have,—

  • (i) an adverse effect on the environment that is not of a temporary nature; or

  • (ii) a serious prejudicial effect on the proper conduct of the Rugby World Cup 2011.

(2) If the Authority considers it necessary or desirable to avoid, mitigate, or remedy an effect of a kind described in subsection (1)(b), an interim injunctive order may be made—

• (a) without requiring service of the application on the person against whom the order is sought; and

• (b) without holding a hearing.

(3) Before making an order, the Authority must consider—

• (a) the effect on the environment or on the conduct of the Rugby World Cup 2011 of not making the order; and

• (b) whether any adverse effect is of a temporary nature only; and

• (c) whether the Authority should hear the statutory person or body that applied for the order or the person against whom the order is sought; and

• (d) any other matters that the Authority thinks fit.

(1) The Authority must serve a copy of any interim injunctive order on the person against whom the order is made without delay.

(2) If the person against whom the order is made was not heard by the Authority before the order was made, that person may apply to the Authority, as soon as practicable after being served with the order, for an order changing or cancelling the interim order.

(3) An application made under subsection (2) must be—

• (a) made in the form and manner prescribed by regulations or as approved by the Authority; and

• (b) accompanied by the fee prescribed for the purpose in accordance with regulations made under this Part.

(4) The Authority may confirm or cancel the interim injunctive order, or may issue a new interim injunctive order, as it thinks fit.

(1) An interim injunctive order made under this subpart takes effect according to its terms from the time that it is served or such later time as the order directs.

(2) An order stays in force until—

• (a) the Authority cancels the order or issues a new order under section 45(4); or

• (b) the statutory person or body has sought and obtained an appropriate order under the enactment or statutory planning instrument that would, but for this Part, apply; or

• (c) the person against whom the order was made, or another person directly affected by the order, has sought and obtained cancellation of, or a change to, the order under that enactment or statutory planning instrument.

(1) The offences and penalties prescribed by or under an enactment that would, but for this Part, apply to an approval, a declaration, or a test approval or declaration apply to the breach of an approval, a declaration, or a test approval or declaration granted or made under this Part.

(2) In an enactment that would apply, but for this Part, a reference to an approval that could be granted, given, or authorised under that enactment is to be read as a reference to an approval given under this Part.

(3) Every person who breaches an interim injunctive order commits an offence and is liable, on summary conviction, to a fine,—

• (a) in the case of a natural person, not exceeding $300,000; and

• (b) in the case of a person other than a natural person, not exceeding $600,000; and

• (c) in each case, if the offence is a continuing offence, not exceeding $10,000 for every day or part of a day during which the offence continues.

(1) A person or body that applied for an approval, a declaration, a test approval or declaration, or a change to the conditions of an approval, a declaration, or a test approval or declaration and is dissatisfied with the determination of the Authority under section 25(1) (which relates to the determination of the Authority as to jurisdiction) may appeal to the High Court, but only on a question of law.

(2) There is a right of appeal to the High Court, but only on a question of law, against a determination of the Authority made under—

• (a) section 34 (which relates to an application for an approval) for the applicant, the relevant statutory person or body, and any person who made a submission:

• (b) section 35 (which relates to an application for a declaration) for the relevant statutory body and any person who made a submission:

• (c) section 44 or 45(4) (which each relate to interim injunctive orders) for—

  • (i) the statutory person or body that applied for an order; or

  • (ii) the person against whom the Authority makes an order.

(3) An appeal under this section must be made in accordance with the High Court Rules, except to the extent that those rules are inconsistent with Schedule 2.