New South Wales Consolidated Acts

MINING ACT 1992 - SECT 128

128 Appeals against decisions concerning cancellations

(1) Any person who is aggrieved by the decision of the decision-maker to cancel an authority held by the person, or of the decision of the decision-maker as to the amount of compensation payable as a consequence of its cancellation, may appeal to the Land and Environment Court against the decision.

(1A) Such an appeal is to be made--

(a) within 14 days after written notice of the cancellation or of the decision with respect to compensation, is served on the holder of the authority, or

(b) within such further period as the Land and Environment Court may allow.

(1B) In deciding whether or not to allow a further period for appeal, the Land and Environment Court is to have regard to--

(a) the circumstances that have prevented the appellant from making the appeal within the 14 days referred to in subsection (1A) (a), and

(b) the consequences to the appellant, and to persons other than the appellant, of a decision allowing a further period for appeal, and

(c) the consequences to the appellant, and to persons other than the appellant, of a decision refusing a further period for appeal, and

(d) the public interest.

(2) An appeal is to be heard by way of a new hearing, and fresh evidence, or evidence additional to the evidence available to the decision-maker when the decision was made, may be admitted in the hearing.

(3) Subject to any order made by the Land and Environment Court, the lodging of an appeal does not operate to stay the decision appealed against.

(4) The decision of the Land and Environment Court on an appeal is final and is to be given effect to as if it were the decision of the decision-maker.

(5) This section does not apply to a cancellation that was requested by the holder of the authority.