Queensland Consolidated Regulations

ENVIRONMENTAL OFFSETS REGULATION 2014 - REG 19

19 Internal review

(1) If the relevant entity is satisfied the applicant has complied with section 18 , the relevant entity must, within 28 days after receiving the application—

(a) review the reviewable decision; and

(b) make an internal review decision.

(2) Within 14 days after making the internal review decision, the relevant entity must give the applicant—

(a) if the decision is an appellable decision—a notice stating—

(i) the applicant may appeal against the decision; and

(ii) the period or time allowed for starting an appeal; and

(iii) how to start an appeal; or

(b) otherwise—a notice complying with the QCAT Act , section 157 (2) about external review of the decision.

(3) If the relevant entity does not comply with subsection (1) or (2) , the relevant entity is taken to have made a decision confirming the reviewable decision.

(4) The application must not be dealt with by—

(a) the person who made the reviewable decision; or

(b) a person in a less senior office than the person who made the reviewable decision.

(5) Subsection (4) —

(a) applies despite the Acts Interpretation Act 1954 , section 27A ; and

(b) does not apply to a reviewable decision made by a chief executive.

(6) For the purpose of an application for external review—

(a) if the internal review decision confirms the reviewable decision—the reviewable decision is taken to be the internal review decision; or

(b) if the internal review decision amends the reviewable decision—the reviewable decision as amended is taken to be the internal review decision.