Australian Capital Territory Numbered Acts

ENVIRONMENT PROTECTION AMENDMENT ACT 2014 (NO. 52 OF 2014) - SECT 32

substitute

Part 14     Notification and review of decisions

135     Definitions—pt 14

In this part:

"internally reviewable decision" means a decision mentioned in schedule 3, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.

"reviewable decision" means—

        (a)     a decision mentioned in schedule 3, column 3 under a provision of this Act mentioned in column 2 in relation to the decision; or

        (b)     a decision made on internal review.

136     Internal review and reviewable decision notices

    (1)     If the authority makes an internally reviewable decision, the authority must give an internal review notice to each entity mentioned in schedule 3, column 4 in relation to the decision.

    (2)     If the authority makes a reviewable decision, the authority must give a reviewable decision notice to each entity mentioned in schedule 3, column 4 in relation to the decision.

Note 1     The authority must also take reasonable steps to give an internal review notice and a reviewable decision notice to anyone whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008

, s 67A and s 67B).

Note 2     The requirements for internal review notices and reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008

.

136A     Applications for internal review

    (1)     The following may apply to the authority for review of an internally reviewable decision:

        (a)     an entity mentioned in schedule 3, column 4 in relation to the decision;

        (b)     any other person whose interests are affected by the decision.

    (2)     The application must—

        (a)     be in writing; and

        (b)     state the applicant's name and address; and

        (c)     set out the applicant's reasons for making the application.

    (3)     The application must be given to the authority within—

        (a)     14 days after the day the applicant is given the internal review notice for the decision; or

        (b)     any longer period allowed by the authority before or after the end of the 14-day period.

136B     Applications not stay internally reviewable decisions

The making of an application for review of an internally reviewable decision does not affect the operation of the decision.

136C     Review by authority

    (1)     The authority must review the internally reviewable decision.

    (2)     The review must happen within 28 days (the 28-day period ) after the day the authority receives the application for review of the internally reviewable decision.

    (3)     The authority must—

        (a)     confirm the decision; or

        (b)     vary the decision; or

        (c)     set aside the decision and substitute another decision.

    (4)     If the decision is not varied or set aside within the 28-day period, the decision is taken to have been confirmed by the authority.

136D     Applications for review

The following may apply to the ACAT for review of a reviewable decision:

        (a)     an entity mentioned in schedule 3, column 4 in relation to the decision;

        (b)     any other person whose interests are affected by the decision.

Note     If a form is approved under the ACT Civil and Administrative Tribunal Act 2008

for the application, the form must be used.