ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION REGULATIONS 2000 2000 NO. 181 - REG 14.16 Consideration and review of decisions of Director

Commonwealth Numbered Regulations

Consideration and review of decisions of Director

(1): This regulation applies to a decision of the Director under Part 17 about a permit, other than a decision:

(a): under subregulation 17.12 (5) or 17.09 (2); or
(b): that is taken to be a decision under these Regulations by subsection 43
(6): of the Administrative Appeals Tribunal Act 1975 .

(2): The Director must give to any person whose interests are affected by the decision written notice of the decision, including:

(a): a statement that the person may apply to the Director to reconsider the decision; and
(b): the person's rights to seek review of a reconsidered decision under subregulation (4).

(3): A failure to comply with subregulation (2) does not affect the validity of the decision.
(4): A person whose interests are affected by the decision and who is dissatisfied with the decision may, by written notice to the Director within 21 days after the decision first comes to the notice of the person, ask the Director to reconsider the decision.
(5): A request under subregulation (4) must set out the reasons for making the request.
(6): The Director must:

(a): reconsider the decision within 1 month after he or she receives the request; and
(b): give to the person who requested the reconsideration written notice of the result of the reconsideration and of the grounds for the result.

(7): The notice must include a statement that, subject to the Administrative Appeals Tribunal Act 1975 , the person may apply to the Administrative Appeals Tribunal for review of the reconsideration.
(8): The person may apply to the Administrative Appeals Tribunal for the review of a decision by the Director made under subregulation (6).

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