Commonwealth Numbered Regulations

GREAT BARRIER REEF MARINE PARK REGULATIONS (AMENDMENT) 1997 No. 326 - REG 201

201.1 Omit the regulations, substitute: Notice of certain decisions

"22. (1) The Authority must publish in the Gazette a notice of a decision of
any of the following kinds as soon as practicable after making the decision:

   (a)  a decision on an application for the grant or variation of:

        (i)    a relevant permission; or

        (ii)   a permission to carry on a prescribed activity in the unzoned
               area; or

        (iii)  a permission under regulation 15D (which relates to the
               discharge of waste);

   (b)  a decision under regulation 21B (which relates to the taking of
        animals onto Commonwealth islands);

   (c)  a decision to suspend or revoke a permission mentioned in paragraph
        (a) or (b);

   (d)  a decision on an application under regulation 19E for approval of a
        transfer of a chargeable permission;

   (e)  a decision under subregulation 20 (1), 20 (1A) or 20A (1) varying a
        condition or imposing a condition or additional condition on a
        permission;

   (f)  a decision under subregulation 21 (1AA) to vary a permission.

"(2) The Authority may also give a person affected by the decision a written
notice of the decision.

"(3) A failure to comply with subregulation (1) about a decision does not make
the decision invalid. Contents of a notice

"22A. (1) A notice published under subregulation 22 (1) or given to a person
under subregulation 22 (2) must state:

   (a)  if the decision is a decision mentioned in paragraph 22 (1) (a), (b),
        (c), (e) or (f)-that a person whose interests are affected by the
        decision may:

        (i)    obtain from the Authority a statement of reasons for the
               decision; and

        (ii)   ask the Authority to reconsider the decision; and

   (b)  if the decision is a decision mentioned in paragraph 22 (1) (d)- that
        the proposed transferor or proposed transferee may:

        (i)    obtain from the Authority a statement of reasons for the
               decision; and

        (ii)   ask the Authority to reconsider the decision; and

   (c)  that a person at whose request the Authority has reconsidered the
        decision may apply, subject to the
        Administrative Appeals Tribunal Act  1975 , to the AAT for review of
        the decision made by the Authority after reconsideration.

"(2) A failure to comply with subregulation (1) does not make the relevant
decision invalid. Requests for reconsideration of decisions

"22B. (1) A person whose interests are affected by a decision mentioned in
paragraph 22 (1) (a), (b), (c), (e) or (f) may ask the Authority to reconsider
the decision.

"(2) A proposed transferor or proposed transferee of a chargeable permission
who is dissatisfied with a decision (mentioned in paragraph 22 (1) (d)) about
the proposed transfer may ask the Authority to reconsider the decision.

"(4) A request for reconsideration must:

   (a)  be in writing; and

   (b)  set out the reasons why the Authority should reconsider the decision;
        and

   (c)  be given to the Authority within 21 days after the day notice of the
        decision is published in the Gazette.

"(5) This regulation does not apply to a decision made under subregulation 22C
(2). Reconsideration of decisions

"22C. (1) Within 40 days after receiving a request under regulation 22B about
a decision, the Authority must reconsider the decision.

"(2) After reconsidering a decision, the Authority may:

   (a)  affirm the decision; or

   (b)  vary it; or

   (c)  substitute another decision for it.

"(3) To avoid doubt, after reconsidering a decision the Authority may make any
decision that it could have made in the first instance.

"(4) Unless the Authority's decision after reconsideration is to affirm the
reconsidered decision, the Authority's decision after reconsideration
supersedes the reconsidered decision for all purposes. AAT review of decisions
after reconsideration

"22D. Application may be made under the Administrative Appeals  Tribunal Act
1975 to the AAT for a review of a decision of the Authority under
subregulation 22C (2).".