Queensland Consolidated Acts

NUCLEAR FACILITIES PROHIBITION ACT 2007 - SECT 18

18 Dealing with removal application

(1) If a person makes a removal application for an enforcement order in relation to land the subject of the order, the chief executive must, within 6 weeks after receiving the application—

(a) decide whether or not the chief executive is reasonably satisfied, according to the circumstances, that—

(i) the court has cancelled the order; or

(ii) the order has been substantially complied with; or

(iii) the alternative measures proposed by the person will ensure the land will be restored or rehabilitated; and

(b) either—

(i) approve the application, with or without conditions to be complied with before particulars of the order may be removed from the registrar’s records; or

(ii) refuse to approve the application.

(2) As soon as practicable after acting under subsection (1) , the chief executive must—

(a) give the person an information notice; and

(b) if the chief executive approves the application without conditions—give notice of that fact to the registrar.

(3) If the chief executive approves the application with conditions and is reasonably satisfied they have been complied with, the chief executive must, as soon as practicable, give notice of that fact to the registrar.

(4) As soon as practicable after receiving a notice under subsection (2) (b) or (3) , the registrar must remove the particulars of the order from the registrar’s records.

(5) As soon as the particulars of the order have been removed from the registrar’s records, the order is taken to have been complied with.

(6) In this section—

"information notice" means a notice stating—

(a) the chief executive’s decision under subsection (1) , and the reasons for it; and

(b) if the decision is to refuse to approve the application or to approve it with conditions—

(i) that the person may appeal against the decision to the court within 28 days after the person receives the notice; and

(ii) how to appeal.