South Australian Numbered Acts South Australian Numbered Acts (1) The following
appeals may be made to the ERD Court:
(a) a
person who is refused a permit may appeal to the Court against the decision of
the Minister to refuse the permit;
(b) a
person who has been granted a permit may appeal to the Court against a
decision of the Minister revoking the permit or imposing or varying a
condition of the permit;
(c) a
person to whom a protection order or reparation order has been issued may
appeal to the ERD Court against the order or a variation of the order.
(2) An appeal must be
made in a manner and form determined by the Court, setting out the grounds of
the appeal.
(3) Subject to this
section, an appeal by a person against a decision referred to in
subsection (1)(a) or (b) must be made within 21 days after the
person receives notice in writing of the decision.
(4) Subject to this
section, an appeal by a person against an order or a variation of an order
referred to in subsection (1)(c) must be made within 21 days after
the person receives notice in writing of the order or variation.
(5) The Court may, if
it is satisfied that it is just and reasonable in the circumstances to do so,
dispense with the requirement that an appeal be made within the period fixed
by this section.
(6) Unless otherwise
determined by the Court, an appeal must be referred in the first instance to a
conference under section 16 of the
Environment, Resources and Development Court Act 1993 (and the provisions
of that Act will then apply in relation to that appeal).
(7) Subject to
subsection (8), the institution of an appeal does not affect the
operation of the decision or order to which the appeal relates.
(8) The Court may, on
application by a party to an appeal, make an order staying or otherwise
affecting the operation or implementation of the whole or a part of a decision
or order if the Court is satisfied that it is appropriate to do so having
regard to—
(a) the
possible consequences to the marine park and the interests of any persons who
may be affected by the appeal; and
(b) the
need to secure the effectiveness of the hearing and determination of the
appeal.
(9) An order under
subsection (8)—
(a) may
be varied or revoked by the Court by further order; and
(b) is
subject to such conditions as are specified in the order; and
(c) has
effect until—
(i)
the end of the period of operation (if any) specified in
the order; or
(ii)
the decision of the Court on the appeal comes into
operation,
whichever is the earlier.
(10) The Court must
not make an order under subsection (8) unless each party to the appeal
has been given a reasonable opportunity to make submissions in relation to the
matter.
(11) The Court may, on
hearing an appeal under this section—
(a)
confirm, vary or revoke the decision or order appealed against;
(b)
order or direct a person or body to take such action as the Court thinks fit,
or to refrain (either temporarily or permanently) from such action or activity
as the Court thinks fit;
(c) make
any consequential or ancillary order or direction, or impose any condition,
that it considers necessary or expedient.