New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 360

360 Appeal to Land and Environment Court

(1) A person aggrieved by any of the following decisions may appeal to the Land and Environment Court against the decision--

(a) a decision of a relevant decision-maker to refuse a permit,

(b) a decision of a relevant decision-maker to refuse to renew a permit,

(c) a decision of a relevant decision-maker to suspend or cancel a permit,

(d) a decision of a relevant decision-maker to refuse to revoke a suspension of a permit following the making of a submission by the former permit holder under this Part, being a suspension of which the former permit holder was not given prior notice,

(e) a decision of a relevant decision-maker to impose any condition on a permit, or on the suspension or cancellation of a permit,

(f) a decision of a relevant decision-maker to vary a permit.

(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 decision 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.

(4) No appeal lies against any of the following decisions--

(a) a decision of a relevant decision-maker to refuse to grant or renew an emergency permit,

(b) a decision of a relevant decision-maker to refuse to renew a permit, or to suspend or cancel a permit, in the case of an emergency,

(c) any decision about a group permit.