Northern Territory Consolidated Acts

ENVIRONMENT PROTECTION (BEVERAGE CONTAINERS AND PLASTIC BAGS) ACT 2011 - SECT 48

    (1)     At the hearing of the application, fresh evidence or evidence in addition to or in substitution for the evidence before the NT EPA may be given.

    (2)     In deciding the application, the Local Court may:

        (a)     confirm the decision; or

        (b)     vary the decision; or

        (c)     set aside the decision and substitute its own decision for the decision; or

        (d)     refer the matter to which the application relates to the NT EPA for reconsideration, either generally or in relation to stated matters, and for substitution of another decision.

    (3)     In referring the matter to the NT EPA, the Court must:

        (a)     advise the NT EPA of its reasons for doing so; and

        (b)     give to the NT EPA the directions it considers appropriate for the reconsideration of the whole or any part of the matter being remitted.

    (4)     The Court may make the orders it considers appropriate to give effect to its decision and the orders as to costs it considers just.

    (5)     A decision under subsection (2)(b) or (c) is taken for this Act (other than this Division) to be the decision of the NT EPA.