Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

Subpart 1A—Appeals against Environmental Protection Authority decisions

Subpart 1A heading: inserted, on 1 June 2017, by section 265 of the Resource Legislation Amendment Act 2017 (2017 No 15).

Appeal to High Court on question of law

105 Appeals on question of law

(1)

The applicant for a consent or any submitter on an application for a consent may appeal to the High Court against the whole or a part of a decision of the Environmental Protection Authority to—

(a)

grant an application for a consent; or

(b)

refuse an application; or

(c)

impose any conditions on a consent.

(2)

The holder of a consent or any submitter on the review of a consent may appeal to the High Court against the whole or a part of a decision of the Environmental Protection Authority to—

(a)

change a condition of a consent under section 81(1); or

(b)

shorten, extend, or refuse to extend the duration of a consent under section 82; or

(c)

cancel a consent under section 81(3).

(3)

The holder of a consent or any submitter may appeal to the High Court against the whole or a part of a decision of the EPA to refuse to change or cancel a condition as requested by the consent holder under section 87.

(4)

An appeal lodged under this section may be only on a question of law.

(5)

This section is in addition to the rights provided for in section 101.

Section 105(1)(b): amended, on 1 June 2017, by section 266 of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 105(2)(c): amended, on 28 February 2014, by section 38 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).