New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 316

316 Resolution of disputes between EPA and public authorities

(1) If a dispute arises between the EPA and a public authority with respect to a decision of the EPA against which an appeal lies under Part 9.2, the EPA or the public authority may refer the dispute to the Premier for settlement in accordance with this section.

(2) On the referral of a dispute to the Premier, the Premier may (but need not) appoint a person to hold an inquiry and make a report to the Premier with respect to the dispute.

(3) The Premier may decline to deal with the dispute.

(4) The Premier may make such orders with respect to the dispute as the Premier thinks fit.

(5) Any such order may include the payment of any costs or expenses of or incidental to the holding of an inquiry under this section.

(6) The EPA or public authority to which any such order is given must comply with the order.

(7) An order by the Premier under this section is final and is taken to be the decision of the EPA.

(8) If a dispute is referred to the Premier under this section, the public authority does not have a right of appeal to a court under this Act in respect of the dispute, unless the Premier declines to deal with the dispute.