New South Wales Consolidated Acts

ELECTRICITY SUPPLY ACT 1995 - SECT 95

95 Appeals against decisions concerning licences

(1) An applicant under Schedule 2 or the holder of a licence who is aggrieved by any of the following decisions of the Minister under that Schedule may appeal to the Supreme Court against the decision--

(a) a decision cancelling a licence,

(b) a decision imposing a condition on a licence (other than a condition imposed when the licence is granted),

(c) a decision varying the conditions of a licence,

(d) a decision refusing an application for the transfer of a licence,

(e) a decision imposing a monetary penalty on the holder of a licence.

(2) An appeal is to be by way of a new hearing and fresh evidence, or evidence in addition to or in substitution for the evidence on which the decision was made, may be given on the appeal.

(3) For the purposes of an appeal, the Minister may certify in writing that a specified policy applies to the subject matter of the appeal.

(4) In deciding an appeal to which such a certificate relates, the Supreme Court is required to apply the policy so certified, except to the extent to which the application of that policy would be contrary to law.

(5) The decision of the Supreme Court in respect of an appeal is taken to be the decision of the Minister and is to be given effect to accordingly.