Northern Territory Numbered Acts

FISHERIES LEGISLATION AMENDMENT ACT 2016 (NO 23 OF 2016) - SECT 30

Section 49, Part V, heading and section 50

repeal, insert

49     Management plans and certain notices to have status of regulations

Each of the following is taken to be regulations for the purposes of sections 57 and 63 of the Interpretation Act :

    (a)     each management plan approved under section 25(4) or 70C(4);

    (b)     each amendment to a management plan approved under section 25A or 70D;

    (c)     each notice given under this Act and required to be published in the Gazette , other than a notice given under section 5(2), 25(2)(a), 25A(1)(b)(i), 47(2)(ac), 64(4), 64A(5), 70C(2)(a), 70D(1)(b)(i) or Schedule 2, clause 2(d).

Part 5     Miscellaneous matters

Division 1     Review of decisions

50     Review of decision made by delegate

    (1)     This section applies in relation to a decision made under this Act by a delegate of the Director (each a delegate decision ) in relation to an application made by a person (the applicant ).

    (2)     The applicant may apply for a review of the delegate decision.

    (3)     The application for review must be made to the Director within 28 days after the day on which notice of the delegate decision was given to the applicant.

    (4)     If an application for review is made under this section, the delegate decision must be reviewed by the Director or by a person designated by the Director who was not involved in the making of the decision (the reviewer ).

    (5)     After reviewing the delegate decision, the reviewer must decide to:

    (a)     affirm the delegate decision; or

    (b)     set aside the delegate decision and substitute a new decision.

    (6)     As soon as practicable after deciding the application, the reviewer must give written notice of the decision to the applicant stating the following:

    (a)     the decision and the reasons for it;

    (b)     any right the applicant has to apply for a review of the decision.

50A     Review by Tribunal

    (1)     The Tribunal has jurisdiction to review a reviewable decision.

    (2)     A reviewable decision is:

    (a)     a decision specified in Schedule 3, unless the decision was a delegate decision; or

    (b)     a decision made on the review under section 50 of a decision specified in Schedule 3 that was a delegate decision; or

    (c)     a decision prescribed by regulation or a management plan to be a reviewable decision.

    (3)     A person is an affected person for a reviewable decision mentioned in:

    (a)     subsection (2)(a) or (b) – if the person is specified in Schedule 3 for the decision; or

    (b)     subsection (2)(c) – if the person is prescribed by regulation or a management plan to be an affected person for the reviewable decision.

    (4)     An affected person for a reviewable decision may apply to the Tribunal for a review of the decision.

    (5)     In this section:

"Tribunal" means the Civil and Administrative Tribunal.

Note for section 50A

The Northern Territory Civil and Administrative Tribunal Act sets out the procedure for applying to the Tribunal for review and other relevant matters in relation to reviews.

Division 2     Other matters