Queensland Numbered Acts

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WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 No. 34 - SECT 516

516 Stay of operation of original decision

(1) A review application does not stay the original decision the subject of the application.

(2) However, the applicant may immediately apply for a stay of the original decision to--

(a) if, under section 515(2)(b)(i) or (iv), the applicant would be able to appeal to the Planning and Environment Court--the Planning and Environment Court; or
(b) if, under section 515(2)(b)(ii) or (iii), the applicant would be able to appeal to the Magistrates Court--the Magistrates Court; or
(c) if, under section 515(2)(b)(v), the applicant would be able to apply for arbitration--a court with jurisdiction to hear the proceeding.

(3) The court may stay the original decision to secure the effectiveness of the review and any later arbitration or appeal to the court.

(4) The stay--

(a) may be given on conditions the court considers appropriate; and
(b) operates for the period fixed by the court; and
(c) may be revoked or amended by the court.

(5) The period of the stay must not extend past the day when the reviewer makes a review decision about the original decision and any later period the court allows the applicant to enable the applicant to--

(a) seek arbitration on the review decision; or
(b) appeal against the review decision.

(6) A review application affects the original decision, or carrying out of the decision, only if the decision is stayed.



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