New South Wales Consolidated Acts
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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 90L
Appeals
90L Appeals
(1) An applicant for, or holder or former holder of, an
Aboriginal heritage impact permit may appeal to the Land and Environment Court
against any of the following decisions of the Secretary-- (a) a decision to
refuse any application in relation to an Aboriginal heritage impact permit or
former permit,
(b) a decision in relation to any condition to which a permit
or former permit (or a surrender of a permit) is subject,
(c) a decision to
suspend or revoke a permit.
(2) The Land and Environment Court-- (a) may
refuse to grant the appeal, or
(b) may grant the appeal wholly or in part,
and may give such directions in the matter as the Land and Environment Court
thinks appropriate.
(3) The decision of the Land and Environment Court on the
appeal is final and is binding on the Secretary and the appellant, and is to
be carried into effect accordingly.
(4) The regulations may (but need not)
prescribe the manner in which an appeal is to be made under this section.
(5)
An appeal under this section must be made within 21 days after the day the
person was given notice of the decision being appealed.
(6) For the purposes
of this section, an application is taken to be refused (unless it is earlier
granted or refused), and notice of that refusal is taken to have been given to
the applicant, on the expiration of the period of 60 days after the date on
which the application was received by the Secretary.
(7) For the purposes of
subsection (6), any period under section 90F during which an applicant is
required to supply to the Secretary such further information is to be
disregarded in determining whether the 60 day period referred to in that
subsection has expired.
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