New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 328

328 Appeal to Land and Environment Court

(1) A person aggrieved by a decision of the Secretary to issue a cost recovery order in respect of a recoverable amount may appeal to the Land and Environment Court against that decision if the recoverable amount is a fee charged by the Secretary for--

(a) action taken as a result of a failure by a person to comply with an emergency order, or

(b) action taken as a result of a failure by a person to comply with a control order, or

(c) action taken under Division 4 of Part 8, or

(d) action taken as a result of a failure by a person to comply with an individual biosecurity direction that was given in the case of an emergency.

Note--: If the biosecurity direction is not an emergency biosecurity direction, the direction itself can be appealed to the Land and Environment Court. See Part 9.

(2) An appeal is to be made in accordance with rules of court, but may not be made more than 28 days after the date written notice of the cost recovery order is served on the person.

(3) Subject to any order made by the Land and Environment Court, an appeal does not operate to stay the decision to which the appeal relates.