COVID-19 Recovery (Fast-track Consenting) Act 2020

45 Procedural matters
Notice of appeal

(1)

A person entitled, and intending, to appeal against a decision of a panel (the appellant) must file a notice of appeal no later than 15 working days after the date on which the person was notified of the decision of the panel under clause 38(1).

(2)

The notice of appeal must specify—

(a)

the decision or the part of the decision appealed against; and

(b)

the error of law alleged by the appellant; and

(c)

the grounds of appeal with sufficient particularity for the court and other parties to understand them; and

(d)

the relief sought.

Service of notice of appeal

(3)

No later than the time specified for filing a notice of appeal under subclause (1), the appellant must serve a copy of the notice of appeal on the EPA on behalf of the panel whose decision is subject to the appeal.

(4)

No later than 5 working days after the notice of appeal is filed in the High Court, the appellant must serve a copy of the notice of appeal on—

(a)

the consent applicant or requiring authority, as the case requires (if the appellant is not the consent applicant or requiring authority); and

(b)

every person or group invited to provide comments under clause 17(2).

Copy of decision appealed against

(5)

The panel must provide a copy of the whole decision appealed against to the Registrar of the High Court as soon as is reasonably practicable after receiving the notice of appeal under subclause (3).

Notice of intention to appear

(6)

If a person served with a notice of appeal under subclause (4) wishes to appear at the appeal, the person must serve a notice of intention to appear on—

(a)

the appellant; and

(b)

the Registrar of the High Court; and

(c)

the EPA on behalf of the panel.

(7)

A notice of intention to appear must be served no later than 10 working days after the day on which the person was served with the notice of appeal under subclause (4).

Parties to appeal

(8)

The parties to an appeal under this clause are—

(a)

the appellant; and

(b)

any person who gives a notice of intention to appear.

(9)

The High Court Rules 2016 apply if a procedural matter is not provided for by this clause.