South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
136—Requirement for notice of certain applications
(1) This section
applies to an application for a permit if an NRM plan provides that this
section applies to the application.
(2) Notice of an
application to which this section applies must be given by the relevant
authority to whom the application has been made in accordance with the
regulations to those persons specified in the plan and those persons (if any)
prescribed by the regulations and to the public generally.
(3) If notice of an
application has been given under this section, a person who desires to do so
may, in accordance with the regulations, make representations in writing to
the relevant authority in relation to the granting or refusal of the permit.
(4) The relevant
authority must forward to the applicant a copy of the representations (if any)
made and allow the applicant an opportunity to respond, in writing, to those
representations.
(5) The response
referred to in subsection (4)
must be made within the number of days prescribed by regulation after the
relevant material is forwarded to the applicant.
(6) The relevant
authority must allow a person who made a representation and who, as part of
that representation, indicated an interest in appearing before the authority,
a reasonable opportunity to appear personally or by representative before it
to be heard in support of the representation.
(7) If a person
appears before the relevant authority under subsection (6)
, the relevant authority must also allow the applicant a reasonable
opportunity, on request, to appear personally or by representative before it
in order to respond to any relevant matter.
(8) If representations
have been made under this section, the relevant authority must—
(a) give
to each person who made a representation, notice of its decision on the
application and of the date of the decision and of the person's appeal rights
under this Act; and
(b) give
notice to the ERD Court—
(i)
of its decision on the application and of the date of the
decision; and
(ii)
of the names and addresses of persons who made
representations to the relevant authority under this section.
(9) A notice under subsection (8)
must be given within 5 business days from the date of the relevant authority's
decision on the application.
(10) A person who is
entitled to be given notice of the decision under subsection (8)
may, within 15 business days after the date on which the notice was given to
him or her, appeal to the ERD Court against the decision.
(11) If an appeal is
lodged, the applicant for the permit must be notified by the ERD Court of the
appeal and will be a party to the appeal.
(12) A decision of a
relevant authority in respect of which representations have been made under
this section does not operate—
(a)
until the time within which any person who made any such representation may
appeal against a decision to grant the permit has expired; or
(b) if
an appeal is commenced—
(i)
until the appeal is dismissed, struck out or withdrawn;
or
(ii)
until the questions raised by the appeal have been
finally determined (other than any question as to costs).